Fewer polluters were criminally prosecuted based on referrals from the Environmental Protection Agency this year than in any year in the past two decades, including during the George W. Bush administration.
Justice Department data collected by Syracuse University’s Transactional Records Access Clearinghouse (TRAC) show that the feds are on pace to prosecute 88 cases that came from EPA referrals this year, compared to 182 in 2011.
The reason, former insiders say, is obvious. “The EPA is a piñata,” said Doug Parker, who left a position as head of the agency’s Criminal Investigation Division in April after working more than two decades as a special agent for the agency. “There was a material effort to downplay criminal enforcement, because they thought it would exacerbate tensions.”
For Republicans and their donor base, the need to reduce the size and scope of the EPA, if not kill it altogether, has become a top priority. The party’s 2016 platform promised to “transform the EPA into an independent bipartisan commission,” shifting responsibility for environmental regulation to the states. The political pressure has meant stagnation and reductions in the EPA’s budget, causing the agency to bleed nearly 2,000 people over the last five years. The workforce hasn’t been so small since 1989.
EPA spokesperson Nick Conger said it’s a matter of money. “The reality of budget cuts means we must be strategic in how we use our resources, which may result in doing fewer lower priority cases. This does not reflect a lessening of our commitment to enforcement, but our decision to continue to do what’s necessary to tackle the largest, highest impact cases.”
But that approach appears to fall short of the requirement in the Pollution Prosecution Act, passed under George H.W. Bush, that the EPA employ 200 criminal investigators by 1995. The agency currently has only 164. “We’ve had to close cases, because we didn’t have resources to take them,” Parker said.

A chart tracking prosecutions filed based on EPA referrals (the solid blue line) and EPA-referred cases that the Justice Department did not prosecute (the dotted orange line).
Source: TRAC
Instead, as the workforce shrunk, the agency shifted to what it called “Next Generation Compliance,” meaning that corporations increasingly monitor themselves, using technology to deliver compliance information to the EPA. The agency’s strategic plan for 2014 to 2018 admitted that this new approach would cut the volume of waste cleaned up because of agency enforcement actions. The plan meant putting more agents on the most egregious cases, such as the Deepwater Horizon oil spill, rather than prosecuting numerous minor cases.
Parker said his department’s caseload included dozens of deaths and serious bodily injuries. “These were profound pesticide poisonings where people will never walk or move again. There were people who lost limbs. That doesn’t even account for people that might have long term exposure you’re not aware of,” he said.
Ruch hopes the next administration will reorient the agency’s strategy. “We need a return to basic, core functions of enforcement and rulemaking,” he said.
Hillary Clinton has pledged to enact strong standards for reducing methane emissions and to fight for Obama’s central climate change coping strategy, the Clean Power Plan, which is currently being challenged in court. She’s been less clear on how she’ll support EPA enforcement efforts.
Donald Trump has promised to “refocus the EPA on its core mission of ensuring clean air and clean, safe drinking water for all Americans.” He no longer calls for eliminating the EPA entirely, but he does call for it to abandon polices central to the Obama administration’s climate change strategy. His EPA transition team head would be Myron Ebell, director of the Center for Energy and Environment at the Competitive Enterprise Institute and a well-known climate change denier.
I’ve been thinking for years a way was needed to make scrubbing carbon and other greenhouse gases from the atmosphere profitable, and likewise harvest / capture the plastics from our oceans. That’s why I was particularly encouraged to read this a week ago or so, and while it doesn’t yet promise to help save the world from – us – it nevertheless seems hopeful.
http://www.popularmechanics.com/science/green-tech/a23417/convert-co2-into-ethanol/
Yes, blame the GOP for the EPA not doing its job. Don’t think for a moment that subtle kickbacks are involved. Forget what President Eisenhower said about the military industrial complex.
Because Oil is King, and US Fracked Oil sold at inflated prices is Kingiest.
The Money Men need a proper slapping down. Their day is done. There was a time when they could play the “progress” card, that they were driving us into a better future, but that promise turned out to be empty. Here we are, led here by the Money Men: Economies failed; countries bankrupt; corrupt banks bailed out; corporations falling back on recycling copyrights rather than innovation; vast wealth focused in a few hands; social services victimised and cut back; austerity inflicted; falsely accusing fingers pointed elsewhere at scapegoats and the powerless; and the US police raising city revenues by confiscating assets from those accused of petty crime whilst the military clamours for more and more and runs riot across the globe.
And at the heart of all this mayhem and idiocy sits the men that try so hard to control Oil and its endless trillions.
Nice job, guys. Nice fuck up.
All hail the Insane Idiots and tremble for they care only for themselves, to the utter destruction of everything else.
“Myron Ebell, director of the Center for Energy and Environment at the Competitive Enterprise Institute and a well-known climate change denier.”
Citation, please.
Best I can tell from his page at CEI (https://cei.org/expert/myron-ebell), his view is that yes the climate is changing but unfettered technological innovation is a preferable alternative to energy rationing and carbon taxes.
The EPA is a political enforcement arm of the government rather than an agency out to actually protect our environment.
If the EPA was what it is suppose to be, they would laugh at the Global Warming fable, be against GMO crops, be against glyphosate, and recognize that humans are more important than critters.
Yep. Like all things named in the civilian side of gov it’s a misnomer.
2nd sentence: I’m not following; why would EPA be against Global Warming fable if it was what it was supposed to be?
Oh, didn’t you know? W0X0F does not believe in radiative transfer. Does not know about the Milankovitch cycles either.
This popped up across my news feed:
” How Warm Winters in the Arctic Make Colder Ones for You” — Time http://time.com/4547399/cold-winter-arctic-winter-weather/
So here’s another misapplication of words “Global Warming” yet we get the article above; this will be used by “climate deniers” to ridicule the “al gores or the world”
Round and round it goes.
I think I’m going to start a consulting group specifically targeted at “narrative strategies” for using “science in politics” — god I thinkI’d make a killing at this!
“There was a material effort to downplay criminal enforcement, because they thought it would exacerbate tensions.” And that may result in the “Oil Campaign Bribing Cartel” being so tense they may not be able to locate their wallet for a moment.
“Next Generation Compliance,” meaning that corporations increasingly monitor themselves,”… like who needs hens so let the foxes guard the hen houses. And that “Next Generation Compliance,” worked out real well relating to the mortgage industry where the bailout related bill is approaching $20 trillion.
Acceptance of a justice system that prosecutes POOR BLACK WOMEN that out of desperation to meet the needs of their children shoplift in corporate chain stores paying wages to their employees that require welfare assistance for survival, while electing to downplay criminal enforcement of those destroying the planet, because they thought it would exacerbate tensions of those most reprehensible, is diabolical.
corporations increasingly monitor themselves — they already do in large part.
Yes, just like the NYPD and CPD police themselves.
We’ve investigated ourselves and done nothing wrong. The king used this against the colonies and here we are today,… still dealing with it. The founders shouldn’t have tried so hard.
Aside from the this self monitor, the stake holder process in creating the Rules and Regs involves, in large part because it has too, the corporations that will be regulated. The only the gov can do then is try to equally make everyone happy or unhappy when the final reg/rule is published.
ContinuousDeception who are you trolling for?
Monitor themselves? And it cost us $20 trillion, along with flusing the American Dream down the toilet.
That’s how it goes. Politicians install “wrecking crews” (Thomas Frank), and then the politicians continue to pile on against EPA enforcement powers, convincing the public (by the wishes of their corporate overlords) that the EPA is constantly over-reaching…
It’s a perfect evil propagandist circle, seems to me.
And to think, the EPA was created under Nixon. There’s at least a touch of irony there.
I might be able to tell you tomorrow which agencies are not doing their jobs, but not because of fear of the science denying Repubs. Get someone in there with balls, dammit. Ms Clinton’s cabinet will shock us all.
FEC won’t even hear cases, let alone prosecute.
SEC settles.
DoJ crows and settles.
IRS seriously underfunded year after year.
Some agencies have been captured.
Except for the agencies that oversee DoD, Pentagon, Deep State, and Black Ops devices, materiel, equipment, vehicles, etc., the Department of War seems to have plenty of funds.
Reading “American Amnesia.” We all know the Congressional Republicans are the problem, (along with corporate Dems). I don’t know how many decades or generations it will take to regain a semblance of democracy.
Depressing, innit?
yep.
the party of wallstreet whores.
https://theintercept.com/2016/09/15/elizabeth-warren-asks-newly-chatty-fbi-director-to-explain-why-doj-didnt-prosecute-banksters/
also
zerohedge*dot*com/news/2016-06-11/2004-flashback-elizabeth-warren-describes-hillary-clinton-puppet-wall-street
To barabbas:
Even what appear to be the most vicious predators prefer eating away at the vulnerable as it not only makes for a quick meal, but lessens the chance they will be injured.
So it is with the greedy and less than courageous capitalists that want to eliminate strong federal agencies, which make it harder for them to both ravage and ravage with impunity.
They certainly want the decision process to go to the states where they are most effective at utilizing their go after the weakest link methodology.
We live in a global economy, it’s engraved on the capitalist commandments God handed down to Ludwig van Mises. If New York wants to be able to compete with Beijing, New York has to look like Beijing. And the deaths of a few hundred thousand asthmatics will reduce the societal burden of health care costs.
i do actually believe that given the overpopulation, the competitive demand for survival resources, the inbred demand for war for growth (there’s and oxy), and the class separation, deaths of asthmatics will be chalked up. With an ear to the wall i can almost hear them saying “We can expect to lose about 26,000. We’ll get complaints. What are they going to do, revolt?”
Exactly.
So the EPA is under the control of which branch of government? All three, perhaps or two? But the Democratic administration presently in power is … what, powerless?
What the hell has happened to this website? I have to go elsewhere to read articles about the recent daily Wikileaks revelations. What we have here recently instead is anti-Trump crapola that can be found on any neolib web-plop like Salon, Slate, etc.
This will be the second time I’ve questioned your ability to either be honest or know how to read.
Here is the list, by titles, of the current “Top Stories” on The Intercept:
While you will certainly find some articles at The Intercept containing information about the Republican candidate for President of the United States, any person with the ability to read will find lots and lots of lots of articles on The Intercept that are about a multitude of issues and concerns. One just has to be honest and able to read.
You forgot:
No, I didn’t “forgot.” I listed the currently listed “Top Stories” as examples. Those aren’t, and weren’t, on that list. Virginia Hamm’s complaints are that of a person who is either a liar with an agenda or a person incapable of understanding how to peruse a website.
I stopped hoping for Democrats to make meaningful opposition to Republicans more than ten years ago.
I’ll be voting for Green Party presidential candidate Dr. Jill Stein again this year. She has a real chance of getting at least 5% of the vote, which would mean the Green Party won’t have to spend all their meager, non-corporate funded resources petitioning for ballot access.
Here is a thoughtful interview with Dr. Stein from comedians W. Kamau Bell and Hari Kondabolu. They mention the massive health effects of fossil fuels, along with corruption of the medical profession, and Ron Paul’s sort of endorsement of her (Ron Paul is also a medical doctor), and other issues.
Interestingly, Hari Kondabolu said he was convinced after this interview to change his vote from Hillary to Jill.
You can play the interview from here:
https://itunes.apple.com/us/podcast/politically-re-active-w.-kamau/id1125018164?mt=2
or here:
https://cms.megaphone.fm/channel/politicallyreactive?selected=FL7025812662
(The show is 70 minutes, with the Jill Stein interview starting about 14 minutes and going to the 55 minute mark, then the hosts have a few minutes of post-interview discussion.)
goddammmmmit…..quit making excuses for Democrats. Change the headline.
It is so easy to blame the republicans, even though it was a republican (Richard Nixon) who established the EPA. But there are a few inconvenient facts. Like, for instance, as an executive agency, it is under the control of the Administration and could use its dwindling budget to prosecute more cases, if the Administration wanted to. But the Administration receives large campaign donations from the chemical and petroleum industries, and so is inclined to look the other way when those industries pollute. Even in such a simple matter as the poisoning of Flint, MI’s water supply, the EPA defers to the republican governor and local officials. And why is that?
In the last eight years we have seen activities by the Administration and its State Department to promote pollution on a world wide scale and to delay action on anthropogenic climate change. Why should we then expect them to behave differently on a local level?
Exception: coal. BHO has largely delivered on that promise.
Agreed. And faint praise that is.
Richard Nixon did institute a variety of “liberal” reforms including the EPA, but that was before the hijacking of GOP policies by radical think tanks bankrolled by the Kochs, Scaifes, and Olins of the country. That all started in the early 70s to counteract the environmental movement.
But I agree that the Obama administration has been sadly deficient in environmental policy.
Mmm well salvation does not come w US gov; or the kingdom of heaven won’t arrive on AirForce 1