As we wrote in our February 16th blog, it appears that environmental groups are energized, “funded,” and ready for a battle. In an article in the Connecticut Law Tribune, Robert F. Kennedy, Jr. (never one to attempt to placate those with opposing viewpoints) seemed to reflect environmentalist’s readiness for battle. In talking about the Keystone XL pipeline, Mr. Kennedy said:
“That pipeline is a boondoggle that will create 35 American jobs while endangering the water supply for many people. It will enrich a few billionaires and a few Canadian billionaires, and the Koch brothers, while impoverishing Americans and endangering our quality of life.”
Mr. Kennedy went on to say, “I think every American needs to begin to fight back. I think that with this administration, it’s an all-out war against the planet and American values.”
In some instances, words and legal action are not enough and some environmental activists opposed to the President’s position on environmental issues have turned to vandalism. The recent story about the fifth green of the Trump National Golf Club being carved up by activists made national and international news.
Whether activists’ convictions result in more vandalism or actual litigation will be worth monitoring in the coming months.
While keeping an eye toward potential litigation by activists, we also continue to monitor enforcement efforts. Below are a just a couple of observations relative to environmental enforcement.
Environmental Enforcement
In a case that seems to be all too familiar, Hancock Foods (Hancock, Maine) was fined $103,316.00. This case relates to a 2012 inspection of Hancock Foods when the Environmental Protection Agency (EPA) noted potential violations related to ammonia refrigeration units (see: Risk Management Plan, Section 112 (r) of the Clean Air Act). Additionally, Hancock had not notified the National Response Center of the release.
The EPA notes in their press release several CAA enforcement efforts in the food industry in New England, including Penobscot McCrum, Garelick Farms, Stavis Seafoods, and RBF Frozen Desserts.
Enforcement at food-related companies for risk management plan violations continues to be relatively commonplace. And the violations are pretty clear cut, such as not having a risk management plan or the failure to provide notification of a release. This trend is something you might want to share with your colleagues or clients in the food industry.
The other enforcement issue that we’ll mention is the Clean Water Act enforcement in Tyler, Texas. According to the EPA,
“U.S. Department of Justice (DOJ) and U.S. Environmental Protection Agency (EPA) announced the city of Tyler, Texas, agreed to significantly upgrade its sanitary sewer system to resolve alleged violations of the federal Clean Water Act (CWA).”
The EPA goes on to say in the release that, “Tyler’s alleged violations include frequent discharges of raw sewage to waters of the United States and failure to prevent sanitary sewer overflows through proper operation and maintenance of its system.”
The fine was $563,0000.00 but the city will have to spend $65 million over the next ten years to comply with the terms of the agreement.
While the enforcement includes a reference to Environmental Justice (because the sanitary sewer overflows are in the communities with lower income), it is the reference to nutrient loading that may be more noteworthy. Nutrient loading, as we have discussed on numerous occasions, is (along with vapor intrusion) likely to be an environmental driver for some time.
Further, the aging infrastructures in Tyler, Texas, Flint, Michigan, and across North America are an issue that will likely continue to be significant for many years to come.
If you need assistance with an environmental compliance issue, environmental site assessment or remediation issue, or litigation support on an environmental matter, please contact my colleague, Jeff Bolin, M.S., CHMM (jbolin@dragun.com) at 248-932-0228, ext 125.