Alarmed by a decrease in EPA Enforcement, 55 Environmental Organizations urge Senate to confirm long-delayed Chief YubaNet EPA Enforcement

WASHINGTON, D.C. Alarmed by a sharp decline of EPA enforcement, 55 environmental organizations and 144 EPA alumni urged Senate to expedite long-delayed confirmation a veteran environmental crime prosecutor to be EPAs chief enforcement.

David M. Uhlmann is a law professor at Michigan and was previously the chief environmental crimes prosecutor at U.S. Department of Justice. He was nominated by Biden Administration to direct the EPAs Office of Enforcement and Compliance Assurance on June 23, 2021. His nomination has languished in Senate for more than ten months. The Senate is now without a confirmed leadership position for EPA’s civil enforcement section.

In a Today’s letter was sent to the Senate leadershipAdvocates said that they hope Uhlmann can reverse the slump at EPA. This includes a roughly 50% drop in civil inspections, criminal investigation and cases referred to prosecution in 2018-2021 compared with the average between 2002 and 2017. (See chart below).

In a Second letterSent to Senate leadership, environmental organizations also demanded confirmation of another long-delayed EPA nomination: that of Dr. Carlton Waterhouse (ex-EPA attorney, environmental justice expert), to lead EPA’s Superfund cleanup and waste management programs.

In his Executive Order of January 20, 2021, President Biden pledged to hold polluters accountable, and to prioritize environmental justice. Eric Schaeffer, Executive director of the Environmental Integrity Project.If the Senate is unable to vote on the confirmation of the highly qualified individuals he chose to rebuild enforcement and advocate environmental justice at EPA, the President will have a difficult time keeping his promises.

Fred Krupp, President of EDF, said: Swift Senate confirmations of these highly qualified nominees (David Uhlmann, Dr. Carlton Waterhouse) are critical to ensure that EPA can fulfill its mission to protect and promote the health of communities across America, promote environmental justice, as well as ensure a safe, healthy environment for future generations.

Abigail Dillen, President Earthjustice, stated that we need strong leadership to address the environmental injustices and rise to climate crisis and to strengthen environmental laws and enforce them. Dr. Carlton Waterhouse must be confirmed by the Senate immediately. They are essential appointees required to lead and oversee EPA hazardous material cleanup and reinvigorate EPA Enforcement. Politics shouldn’t get in the way when it comes to confirming the leadership necessary to restore the health of our communities, and hold polluters responsible.

Dr. Carlton Waterhouse, a dual-degree holder of a law degree as well as a Ph.D., in social ethics, was the chief counsel of EPAs Office of General Counsel, Washington, D.C., along with EPAs Office of Regional Counsel, Atlanta. He has demonstrated an extraordinary dedication to protecting the environment and public health throughout his nearly three decades of service. Dr. Waterhouse would be the EPAs Assistant Administrator at the Office of Land and Emergency Management, which oversees toxic waste management and cleanups programs such as Superfund and coal ash.

David Uhlmann’s nomination was enthusiastically supported by a bipartisan coalition, which included former Republican and Democratic political appointees to the EPA and Justice Department.

Republicans and Democrats agree that weakening the Clean Water Act, Clean Air Act or other environmental laws passed by Congress poses a risk to public health as well as our natural resources. The letter is readTo the Senate on Uhlmanns representation written by the Environmental Integrity Project for 55 environmental organizations and 144 ex-EPA managers and staff. This bipartisan tradition would be rekindled by Mr. Uhlmann’s confirmation as EPAs enforcement chief.

The support letter to David Uhlmann stated that between 2018 and 2021 fiscal year, the number of EPA inspections and criminal investigations, civil cases started or concluded, defendants charged for environmental crimes, and amounts paid by cleanup violators decreased about 50% compared with 2002-2017.

Allies argued that Uhlmann was crucial to reverse that trend, and included in their letter EPA data highlighting the sharp decline.

EPA Enforcement 2002 – 2017 vs. 2018-2021

Source: EPA’s annual enforcement reports are published every fiscal year. All dollar amounts were adjusted to reflect inflation to 2021 dollars. Data for court-ordered projects in the environment are from 2004 to 2017..