Environmental Enforcement Bill Sent to Governor: Reform Bill Strengthens System for Holding Polluters Accountable, Reflects Recommendations of 2007 CLF report

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Colin Durrant, CLF Director of Communications
617.850.1722

Montpelier, VT (April 29, 2008) – The Vermont General Assembly today gave its final approval to a bill that will significantly strengthen the state’s enforcement of environmental laws. H.685 increases penalties for environmental polluters and gives authorities enhanced power to ensure fines are paid on time.

The bill also increases opportunities for public oversight through transparent reporting practices and ensures that fines levied by the state fully recover any economic advantage polluters obtain by breaking the law. It was unanimously passed by the Senate Friday April 25 after House approval in March, and after today’s final procedural move now heads to Governor for his approval.

“The health and quality of Vermont’s land, air and water depends on strong enforcement of environmental laws” said Anthony Iarrapino, staff attorney for the Conservation Law Foundation’s Vermont Advocacy Center. “This legislation gives environmental regulators more muscle to hold polluters accountable when they foul our water and air, abuse our natural resources, or endanger the public health.”

Many of the provisions in H. 685 incorporate reform proposals from a series of three reports detailing Vermont’s lax enforcement and highlighting the fact that regulators lacked the key tools to hold recalcitrant polluters accountable.

• In 2007, the Conservation Law Foundation released Lost Opportunities, a first-of-its kind report analyzing enforcement statistics and case studies that demonstrated weaknesses in the Vermont Agency of Natural Resources’ enforcement practices.
• ANR then convened its own internal task force investigation on Compliance and Enforcement, issuing a report in September 2007.
• The Vermont Natural Resources Council further detailed enforcement failures in the state’s construction stormwater program in a 2008 report titled: Unchecked and Illegal: How ANR is Failing to Protect Vermont’s Lakes and Streams.

>>To download the April, 2008 CLF progress report assessing the status of the recommendations in their landmark Lost Opportunities report, click here.

“This legislation sends a message to would-be polluters that the consequences of breaking our environmental laws can and will be severe,” said Chris Kilian, Director of CLF’s Vermont Advocacy Center.

While passage of the legislation represents an important step forward, the General Assembly failed to adopt two key proposals to ensure that polluters are held fully accountable when state regulators lack the resources or political will to adequately enforce the laws. Provisions allowing citizen suits, and notice, comment, and intervention opportunities when agencies negotiate settlements with polluters behind closed doors were removed from the original bill in the House. Despite a recent Vermont Environmental Court ruling that the lack of notice, comment, and intervention opportunities in Vermont law were insufficient and in violation federal law, the Senate did not revisit the proposals stripped from the House bill due to end-of-session time constraints.

Governor Douglas is expected to sign the legislation.

FOR MORE INFORMATION:

>>A full copy of H. 685 as passed by the Vermont Senate is available at http://www.leg.state.vt.us/database/status/summary.cfm.

To receive a copy of the Vermont Environmental Court’s recent ruling on the inadequacy of public participation opportunities in enforcement settlement please contact CLF’s Vermont Advocacy Center

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The Conservation Law Foundation (www.clf.org) works to solve the most significant environmental challenges facing New England. CLF’s advocates use law, economics and science to create innovative strategies to conserve natural resources, protect public health and promote vital communities in our region. Founded, in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.