Green Report - BAD ENVIRONMENTAL BILLS ON FAST TRACK

March 5, 2004
Volume 10, Issue 2

BAD ENVIRONMENTAL BILLS ON FAST TRACK

The anti-environmental legislators are holding true to their agenda to fast-track legislation and roll back environmental protections. They have learned from past mistakes and are taking the truly horrific bills from last year and making them slightly less offensive. A serious flaw of all of this legislation is that it continuously demands lawmakers to jump through more legal hoops in order to protect human health and the environment. The bills demand more staff time catering to business rather than spending that time on enforcement and inspection. Missouri Department of Natural Resources (MDNR) has lost 65.5% of their general revenues funding for 2004, all the while legislators are demanding more protection for business.

The priority bills for Regulatory Reform on the move are:

The Dirty Secrets Bills – SCS SB 989 & HB 933

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 form disclosure or immunity form prosecution. These bills go 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.

Cost Risk Benefit bills – HCS SB 739 & HCS HB 980

Each of the 13 steps in these bills is a potential point of litigation that will slow down rule promulgation. Many of the 13 points are already in DNR’s Regulatory Impact Report (RIR) and are currently being done.
2004 Fiscal notes, “It is very difficult to convert risks to human health and the environment into economic terms. Placing a dollar value on human life and health is even more problematic. However, in order to compare the regulatory costs with the risk reduction benefits, this would be required”
Risks are cumulative. It would be very difficult to estimate the risk reduction benefits of one rule in isolation”. (continued on page 3).

Small Business Regulatory Board – HB 978 & SB 718

The bill establishes a new board made up entirely of business owners, the board can operate in secrecy, hold hearings on future as well as existing regulations
Section 536.300 requires DNR to itemize * specific * costs to business but no equal consideration to public benefit
Section 536.325 list conditions that allow small business to pollute without being fined or given a penalty if: the violation was unintentional or they misunderstood the rule!

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.

Now is an ideal time for a letter writing campaign. Please take time to write your Representatives and Senators. Ask them to oppose the above bills. Tell them we want laws that promote a clean, healthy environment and protections for citizens, not polluters! Legislative office staff insert constituent letters in the information packets legislators take to the floor. Your representatives will check to see if they have received any letters of support or opposition on the bill. Just a few letters from constituents can carry a lot of weight and influence their vote.

PLEASE TAKE TIME TO WRITE A LETTER TODAY!

For more information call the Ozark Chapter/ Sierra Club office at 1-800-628-5333 or email ozark.chapter@sierraclub.org

If you have not yet joined the OZARK CHAPTER LEGISLATIVE ACTION ALERT listserv, please do so today. Since bills are moving so quickly, this is a good way to stay current on the latest actions. Call or email the Chapter office.