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New CPR Briefing Paper: Maryland Should Update Laws to Better Enforce Environmental Protections

Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny, says a CPR briefing paper released today. For example, the Maryland Department of the Environment (MDE) cannot by law assess fees for issuing and administering permits for municipalities for water pollution, despite the many resources required to regulate and monitor the pollution. The state’s penalties for violating the Clean Water Act have remained chronically below the level allowed under federal law. And state law does not require MDE to penalize polluters for the full amount of the economic gain they achieved by flouting the law, unlike laws in Pennsylvania and Virginia. Together, these shortcomings may effectively dilute the power of deterrent effect of environmental laws across the state. The end result: waters less protected from pollution.

Today CPR releases Back to Basics: An Agenda for the Maryland General Assembly to Protect the Environment, written by CPR President Rena Steinzor and me. The briefing paper recommends that the state’s legislature better protect the environment by providing MDE with the tools needed to operate its programs and to restore the full deterrent effect of its enforcement program. Our paper says the General Assembly should act to:

  • Increase permit fees to accurately reflect the cost of developing permits, monitoring and regulating facilities with permits, and managing pollutant discharges.
  • Ensure that the statutory penalty maximum for a violation of the Clean Water Act keeps pace with inflation and the federal maximum.
  • Restore the full deterrent effect of a penalty by adopting a statutory mandate to recover any economic benefit from noncompliance that a violator receives.
  • Establish a clear, mandatory minimum penalty requirement for violations of the environmental laws that protect the land, water, air, and other natural resources of Maryland.

For example, because current law doesn’t authorize MDE to charge fees for municipal permits, the state gives up hundreds of thousands of dollars each year, permit revenue that is critical at a time when MDE is expected to do more with less. In addition, the deterrent effect of MDE’s enforcement program could be significantly strengthened by increasing the maximum penalty amount or implementing a mandatory minimum penalty, as New Jersey and California do.

By addressing the basic needs of the MDE—resources and effectiveness—the General Assembly can ensure a healthy, clean, and beautiful Maryland for present and future generations.

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Yee Huang | October 21, 2011

New CPR Briefing Paper: Maryland Should Update Laws to Better Enforce Environmental Protections

Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny, says a CPR briefing paper released today. For example, the Maryland Department of the Environment (MDE) cannot by law assess fees for issuing and administering permits for municipalities for water pollution, […]

Yee Huang | October 20, 2011

CPR to Co-Host Forum on Chesapeake Bay Restoration Accountability

It’s no secret that past efforts to restore the Chesapeake Bay have suffered from a lack of accountability. And so as the EPA, the Chesapeake Bay states, and the District of Columbia engage in their current effort to restore the health and water quality of the Bay, getting accountability right is extremely important. This theme […]

Rena Steinzor | October 19, 2011

Too Big to Rein in, BP Continues Galloping Along, Unbridled and Unrepentant

In perhaps the most profoundly embarrassing development yet for the U.S. government’s star-crossed efforts to police offshore drilling, the Interior Department’s Bureau of Safety and Environmental Enforcement announced last week that it was asking BP, Transocean, and Halliburton to pay a total of up to $45.7 million in fines for 15 violations arising out of […]

Rena Steinzor | October 18, 2011

Executive Order 13,563: Not Just Costs, Not Just Benefits, But Cumulative Costs and Benefits

Proving the old adage that you must be careful what you wish for, conservative officials in 25 states have done their best to hoist the Obama Administration on its own petard by running off to court to oppose the EPA rule that would curb toxic emissions from power plants. They argue, among other things, that the […]

Rena Steinzor | October 17, 2011

House Votes to Give Coal Ash Dumps a Free Pass; President Stops Short of Veto Threat

The residents of Kingston, Tennessee had no inkling that the Christmas of 2008 would be any different than another year. In the wee morning hours three days before the holiday, an earthen dam holding back a 40-acre surface impoundment at a Tennessee Valley Authority (TVA) power plant burst, releasing 1 billion gallons of inky coal ash […]

Rena Steinzor | October 14, 2011

Beware of Plastics Manufacturers Bearing Gifts of BPA Bans

This post was co-authored by CPR President Rena Steinzor and CPR Policy Analyst Aimee Simpson. In what at first glance seemed to be a startlingly uncharacteristic move, the American Chemistry Council (ACC) has petitioned the Food and Drug Administration (FDA) to update and strengthen its food additive regulation that sets out the approved uses for polycarbonate resins.   […]

Lena Pons | October 11, 2011

EPA Should Move Forward on Naming Priority Chemicals

EPA’s chemical management efforts have been under attack on every front. Chemical safety was one of Lisa Jackson’s priorities from her first day as EPA administrator. But during her tenure, efforts to improve chemicals policy at the agency have been met with fierce resistance. One recent attack was on EPA’s efforts to identify priority chemicals for risk assessment […]

| October 7, 2011

Scrambling the Truth on Toxics: IRIS Under Fire Again

Continuing their crusade to undermine the Integrated Risk Information System (IRIS), the most prominent worldwide database of toxicological profiles of common chemicals, House Republicans held yet another hearing Thursday morning to review how the Environmental Protection Agency’s (EPA) chemical risk assessment program interacts with and informs regulatory policy. This time, witnesses descended from politics into […]

Rena Steinzor | October 6, 2011

Obama and Ozone: Executing Regulation by Presidential Order

The blog post was co-authored by Rena Steinzor and James Goodwin. When President Obama issued his new Executive Order 13563 this past January – the one calling on agencies to “look-back” at existing regulations –speculation abounded as to what, if any effect, it would have on agencies’ rulemaking. Setting aside the look-back plan provisions (and the […]