Clearing the Air

Just after the 2000 election, while the nation's attention was focused on the Florida recount, my colleagues at the Environmental Protection Agency and Justice Department celebrated a dramatic victory of their own. Two of the country's largest utilities had just agreed to cut pollution from their old, coal-fired power plants by two-thirds, or more than half a million tons a year. As director of the EPA's Office of Regulatory Enforcement since 1997, I helped to bring lawsuits against some of the nation's largest electric utilities. The government charged these companies with violating the Clean Air Act by expanding their coal-fired electric plants without controlling emissions such as nitrogen oxide and sulfur dioxide--noxious gases that cause smog, asthma, lung cancer, and premature death. The post-election settlement with Cinergy and Dominion was a landmark, pressuring other companies to follow suit and clean up their act as well.
Unfortunately, Washington's energy lobbyists understood this dynamic all too clearly. And when President Bush assumed office, they wasted little time blocking this new momentum toward cleaner air by persuading the administration that the problem wasn't the polluters, but our anti-pollution laws. It wasn't a hard sell. The Bush administration quickly set about weakening the Clean Air Act, stoking public fears of energy shortages and blackouts as a rationale for leniency (even though 2001 was a record year for power plant expansion). White House staff and the Energy Department, working closely with lobbyists for the same companies we had sued, directed EPA to expand loopholes that allow 40- or 50-year-old power plants to continue pumping out 12 million tons of sulfur dioxide a year, without implementing modern pollution controls. What's more, in March, EPA Administrator Christine Whitman shocked everyone by publicly suggesting that companies hold off on settlements pending the outcome of litigation. Not surprisingly, Cinergy and Dominion backed out of their agreements and refused to sign consent decrees. (Recently, the administration rolled out a series of "reforms" making it so easy for these big plants to avoid pollution controls that they might as well have been written by defendants' lawyers.) A year and a half later, nothing has improved, and the opportunity for cleaner air that once seemed so close has been lost--the other companies, once on the path to settlement, have drifted away from the negotiating table.

In a matter of weeks, the Bush administration was able to undo the environmental progress we had worked years to secure. Millions of tons of unnecessary pollution continue to pour from these power plants each year as a result. Adding insult to injury, the White House sought to slash the EPA's enforcement budget, making it harder for us to pursue cases we'd already launched against other polluters that had run afoul of the law, from auto manufacturers to refineries, large industrial hog feedlots, and paper companies. It became clear that Bush had little regard for the environment--and even less for enforcing the laws that protect it. So last spring, after 12 years at the agency, I resigned, stating my reasons in a very public letter to Administrator Whitman.