Why the Dirty Secrets Bill is Bad for Missouri Citizens and the Environment

Why the Dirty Secrets Bill is Bad for Missouri Citizens and the Environment Ozark chapter home

Jan. 21, 2005

If a company near your community is:

POISONING the water you drink
POLLUTING the creek your children play in
FOULING the stream you fish in

Wouldn’t you want to know about it?

Wouldn’t you want your government to be able to stop it?

Wouldn’t you want to hold those responsible accountable?

Then why is State Representative Walt Bivins sponsoring a “business friendly” bill that will allow polluters in your community to close their records to the public and have immunity from prosecution. State Representative Walt Bivins, (District 97, St. Louis County) is sponsoring a bill that protects polluting industries and sacrifices your Right To Know! His bill,House Bill 130 Environmental Audit Privilege, will allow admitted polluters to keep their misdeeds private and protect them from liability for the injury they cause to individuals, communities and valuable natural resources.

Why the Dirty Secrets Bill is Bad for Missouri Citizens and the Environment

House Bill 130 Environmental Audit Privilege Sponsored by State Representative Walt Bivins

THE DIRTY SECRETS BILL

Attorney General Jay Nixon environmental organizations, labor unions and the EPA Environmental Protection Agency all agree this bill goes too far. Groups say the bill would allow corporations to escape penalties and punishment when they violate state environmental laws.
While Federal Law protects the rights of citizens to obtain records and file suit, 490.762.2 revokes that right by depriving plaintiffs of the ability to obtain evidence of misconduct and to introduce it into evidence, even if available.
EPA does have a POLICY for self-audits offering leniency and reduced fines, but nowhere in any federal policy statements is there an absolute guarantee of a privilege from disclosure or immunity from prosecution. This bill goes too far!!!
Privilege/immunity threatens to tie the hands of state prosecutors, letting businesses operate without liability for polluting the environment or harming citizen health. The broad language in this bill could shield companies from a deliberate CRIMINAL discharge.
The rate of compliance with state & federal laws by industry is not encouraging. It only takes one bad actor to pollute a large area, and it takes citizens years and much money and time to successfully redress the harm. Large companies have millions of dollars to spend on defending themselves from citizens who have been harmed. These polluting industries do not need any more weapons in their arsenal.
If this type of legislation is passed DNR enforcement will be totally ineffective, giving business free reign to pollute without fear of penalty and closing their records to the public.

Why is Representative Walt Bivins working to protect polluters instead of Missouri citizens?

State Representative Walt Bivins, District 97, St. Louis County is working to protect polluting industries by sponsoring a bill to allow polluting industries to close their records to the public and to be immune from prosecution. Corporate lobbyists are behind this bill.

Why is it that Representative Bivins favors polluters over the public well-being? Could it be his loyalties lie with the chemical industries rather than with his constituents? Representative Bivins worked for 32 years for Dow Chemical Company and in his retirement went on to work with Dow as a government affairs consultant.

House Bill 130 Environmental Audit Privilege / DIRTY SECRETS BILL
Environmental Audit Privilege, HB 130 would allow business to conduct a self-audit, any information included in this self-audit would be considered privileged and confidential, allowing them to hide and conceal their misdeeds from the public. Industries that get permits to pollute our air and water by disposing of their hazardous waste would be allowed to self-monitor rather than being monitored by the appropriate agencies. Not only that, but this legislation would provide them immunity from fines or penalties as long as they self-report.

This is a right to know issue! The public is entitled to know when companies pollute and spills occur. Business should know that serious consequences await those who put communities at risk and damage the environment. The public should not be kept in the dark about pollution disasters.
Privilege is a big deal! Our legal system, has reserved this exclusion or exception to very few circumstances, i.e. attorney client and priest confessional protections. This is not something that should be extended to polluting industries that have the potential to harm citizens’ health and the environment. This is a matter of the fox watching the hen house. This legislation creates huge loop-holes for polluters to claim immunity from prosecution and close their records to the public.

Call Representative Bivins tell him No Dirty Secret’s privilege for businesses in Missouri!

We want corporate responsibility and open records!

Call Representative Bivins today! Ask that he not proceed with this legislation, it is not in the best interests of Missouri citizens!
Capitol phone:573-751-9766 Home phone: 314-487-1117
View a copy of the Dirty Secrets Bill http://www.house.state.mo.us/bills051/bills/hb130.htm
For more information call 1-800- 628-5333