Environmental prosecution is a partnership between the E.P.A., which investigates misconduct, and the Justice Division, which pursues the civil and legal lawsuits. Each companies disputed Mr. Uhlmann’s findings.
Jeffrey Bossert Clark, who heads the surroundings and pure assets division of the Justice Division, mentioned by way of a spokeswoman that the article “paints a deceptive image” of the administration’s strategy and “confuses amount for high quality.”
He mentioned that whereas there was a decline in water air pollution instances, the variety of pesticide instances has risen by “a number of hundred %” with investigations of unlawful smuggling and “fraudulent COVID-19 cures,” and that prosecutors have pursued “massive, high-impact instances involving gross violations of our environmental legal guidelines,” together with main instances involving fraud in auto emissions. He concluded, “Our prosecutors are as busy on this Administration as they have been in prior administrations, and our nation’s air and water are the cleanest they’ve ever been.”
Mr. Uhlmann responded that “the numbers don’t lie,” and famous that 10 defendants have been prosecuted for pesticide violations in 2017 and 2018, a rise of simply two defendants over 2015 and 2016. If the numbers have grown since then, he mentioned, even a a number of hundred % rise “wouldn’t offset the far bigger decline in Clear Water Act and Clear Air Act prosecutions, each of that are way more important from an environmental safety standpoint.”
He additionally mentioned that the median dimension of fines normally has fallen, and the variety of felony prosecutions — a measure of the seriousness of the crimes — has dropped steeply. To Mr. Uhlmann, that signifies that “air pollution prosecutions below President Trump have fallen dramatically from his predecessors, each when it comes to amount and high quality.” As for the emissions instances, he famous, these began below the Obama administration.
A spokeswoman for the E.P.A. mentioned that the company “has reinvigorated its legal enforcement program” and “reversed the downward pattern” in instances. New instances, she mentioned, elevated “about 46 %” between fiscal 12 months 2017 and 2019, and that the company expects the variety of instances opened in fiscal 12 months 2020 “to be greater than double the quantity opened in 2017.”
Mr. Uhlmann mentioned that citing new investigations in 2019 and 2020 doesn’t change the “devastatingly low” variety of individuals charged within the administration’s first two years, particularly since “a big variety of investigations by no means end in legal costs.”