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US Environmental Record

Superfund sites and clean-up

Project: US Environmental Issues
Open-Content project managed by Derek, mtuck

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The EPA announces that its budget of $277 million will allow it to begin clean-up work at only 10 of the 20 newly proposed Superfund sites. The agency selected the 10 sites based on their potential for economic redevelopment and their risk to human health. The reason for the funding shortfall is related to the lapsing of a polluter fee in 1995, which shifted the burden of clean-ups away from corporate polluters to taxpayers. The Bush administration has made no effort to push Congress to reinstate the “polluter pays” fee. [Environmental Protection Agency, 7/17/2003; Associated Press, 7/17/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency, US Congress

Category Tags: Corporate welfare, Superfund sites and clean-up, Key Events

President Bush signs into law the defense authorization bill, which contains a controversial rider allowing the Pentagon to circumvent the Marine Mammal Protection Act (MMPA) and Endangered Species Act (ESA). The MMPA prohibits government and commercial interests from engaging in activities harmful to the declining populations of whales, dolphins and seals. The act, passed in 1972, has been credited with halting the decline of some of those populations. The bill also exempts the military from certain provisions of the ESA. [Washington Post, 11/16/2003; Christian Science Monitor, 11/24/2003] For example, the bill:
bullet Permits the secretary of defense to exempt any military activity from the MMPA, without regard to its impact on whales, seals and dolphins. The Navy claims the MMPA puts American lives at risk because it makes it more difficult for the Navy to detect enemy submarines. [Washington Post, 11/16/2003; Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
bullet Loosens the MMPA definition of “harassment” of marine mammals, making it almost impossible to enforce the MMPA. [Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
bullet Extends the Pentagon’s exemptions to scientists who conduct research sponsored by the Navy or other federal agencies. [Earth Island Institute, 11/6/2004]
bullet Eliminates language in the MMPA that prohibits the Navy from doing sonars, invasive research, bomb testing and other activities that threaten the habitat of whales, seals and dolphins. [Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
bullet Exempts US military bases and lands from ESA habitat-protection provisions. Defense Secretary Donald Rumsfeld says that the new exemption will “improve… military readiness” even though a General Accounting Office study found that “very few units reported being unable to achieve combat-ready status due to inadequate training areas.” [General Accounting Office, 6/2002 pdf file; Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004] Encouraged by their success at weakening the MMPA and ESA, defense officials say that next year they will attempt to modify a court agreement the Pentagon accepted the month before requiring the Navy to limit where it can use its new low-frequency sonar system that has the ability to track quiet diesel submarines. Critics argue the sonar’s frequency is so loud that it could kill noise-sensitive whales and dolphins. [Washington Post, 11/16/2003] The military is also planning to seek exemptions to the Clean Air Act, the Resource Conservation and Recovery Act and the Superfund Act (see April 6, 2004). [Christian Science Monitor, 11/24/2003]

Entity Tags: George W. Bush

Category Tags: Shorelines and oceans, Endangered species, Superfund sites and clean-up, Key Events

The US Supreme Court agrees to hear Vice President Cheney’s appeal of a lower court ruling that found he must reveal documents pertaining to his 2001 energy task force (the National Energy Policy Development Group—see January 29, 2001 and May 16, 2001). Cheney lost the case, filed by the conservative government watchdog group Judicial Watch and the environmentalist organization the Sierra Club, in two lower courts, and has ramrodded the case into the Supreme Court with unusual alacrity—filing the Supreme Court appeal even before the appeals court had finished the case. Cheney’s lawyers from the Justice Department will argue that because of the Constitutional provision of separation of powers, the executive branch can and should keep all such information secret if it so chooses. Judicial Watch and the Sierra Club insist that because energy executives and lobbyists were involved in the task force policy deliberations, federal law mandates that lists of participants and details of the meetings should be made public. Over a year ago, District Court Judge Emmet Sullivan ruled that the White House should either turn over the documents or provide a detailed list of the documents it was withholding, and explain why. The White House has done neither, and instead appealed the decision. The US Court of Appeals refused to overturn Sullivan’s decision and ruled that Cheney had no legal standing to refuse the judicial order. Cheney disagreed, and appealed to the Supreme Court. The Court will hear arguments in the spring of 2004 (see April 27, 2004). Thousands of documents concerning the task force from the Department of Energy, the Environmental Protection Agency, and other federal agencies have already been turned over (see July 17, 2003), but no White House documents have been released. The Sierra Club has accused the Bush administration of trying to delay release of the information until after the November 2004 presidential elections. [Reuters, 12/15/2003]

Entity Tags: US Supreme Court, US Department of Justice, Sierra Club, Environmental Protection Agency, Emmet Sullivan, Bush administration (43), US Department of Energy, Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Corruption, Corporate welfare, Politicization and deception, Superfund sites and clean-up, Cheney Energy Task Force

The Environmental Protection Agency (EPA) says in a report to Congress that for the second year in a row, “limited funding prevented EPA from beginning construction at all sites or providing additional funds needed to address sites in a manner believed necessary by regional officials, and caused projects to be segmented into phases and/or scaled back to accommodate available funding.” The report explains that for 2003 (see July 17, 2003), the funding shortfall amounted to $174.9 million. As a result, clean-up work at 11 Superfund sites was put off and work at 29 other locations was slowed down. [Environmental Protections Agency, 1/7/2004 pdf file; Government Executive, 1/8/2004; Associated Press, 1/9/2004] The 11 sites where work was postponed include Jennison-Wright Corp. in Granite City, Ill.; Continental Steel Corp. in Kokomo, Ind.; Marion Pressure Treating in Marion, La.; Atlas Tack Corp. in Fairhaven, Mass.; and Mohawk Tannery in Nashua, N.H. In 2003, the EPA completed 40 clean-ups, compared to 42 in FY 2002, and 47 in 2001. Under the Clinton administration, an average of 76 clean-ups had been completed each year. [Associated Press, 1/9/2004] The report was requested in July by US Senator Barbara Boxer, House Energy and Commerce ranking member John Dingell, Rep. Hilda Solis, and Senate Environment and Public Works ranking member James Jeffords. [Government Executive, 1/8/2004; Associated Press, 1/9/2004]

Entity Tags: US Congress, John Dingell, James Jeffords, Environmental Protection Agency, Hilda Solis, Barbara Boxer, Bush administration (43)

Category Tags: Superfund sites and clean-up, Key Events

The Bush administration announces its proposed 2005 budget for the EPA, which cuts the agency’s funds by more than 7 percent. While the budget does increase the Superfund by ten percent so the program can complete cleanup at 40 sites—well below Clinton’s average of 87 sites/year—the budget substantially reduces funds for clean water programs. For example, the budget cuts $492 million, or 37 percent, from a revolving fund used by states to upgrade sewage and septic systems and storm-water run-off projects. [Reuters, 2/3/2004]

Entity Tags: Bush administration (43)

Category Tags: Water pollution, Shorelines and oceans, Superfund sites and clean-up, Key Events

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