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Mortgage Broker Groups who last year asked the federal government to rescind Louisiana's power to regulate water pollution said Tuesday that they will sue the U.S. Environmental Protection Agency if it doesn't take action soon.

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Mortgage Lead Last October, 11 environmental groups asked EPA to withdraw the state's authorization to administer the federal Clean Water Act.

EPA has the authority to issue permits and penalties for water discharges in the state but has delegated that authority to the Louisiana Department of Environmental Quality, just as it does across the country.

On Tuesday, representatives of the Tulane Environmental Law Clinic and Louisiana Environmental Action Network said they are still waiting for EPA to take some action.

"The citizens groups feel they have been very, very patient," said Mary Lee Orr, executive director of LEAN. "There has been talk, but they have to take action."

Orr said if the groups don't hear soon from the agency -- within 30 to 60 days -- they will file a lawsuit to force EPA to determine if DEQ can properly regulate water.

EPA Region 6 spokesman David Bary said the request "is still being reviewed" on an informal basis by the region's attorneys and by the Compliance Assurance and Enforcement Division.

The informal investigation is expected to be finished before the end of the year, he said.

After that, a decision will be made on whether to proceed formally to rescind the authority or to make certain demands of DEQ, Bary said.

Tulane Environmental Law Clinic Supervising Attorney Karla Rattig said the investigation stage has lasted long enough.

Student Attorney Casey Yourn said the groups hope to pressure EPA to "get on DEQ's case and try to enforce all these violations."

The groups point to the failure of DEQ to keep up with permits and to fine violators. They cite reports by the state legislative auditor and by the EPA's inspector general.

Linda Levy, DEQ's assistant secretary for environmental compliance, said the allegations are nothing new and are based on the legislative auditor's report, "which we felt like from the beginning is somewhat flawed."

"The report gives an inaccurate perception to the reader," Levy said.

While some facilities have expired permits, "they are very much regulated" because the old permits remain in force until a new ones are issued, she said.

She said EPA conducts midyear and year-end reviews of DEQ.

"Are there things that EPA said you could do better? Yeah," Levy said.

But nothing so bad that EPA has thought of pulling the state's authority, she said.

Groups signing the original petition are Louisiana Audubon Council, Gulf Coast Restoration Network, Association of Community Organizations for Reform Now, Lake Pontchartrain Basin Foundation, CFACT, Lake Maurepas Society, Concerned Citizens of Livingston Parish, St. John Citizens for Environmental Justice, Louisiana Communities United, Concerned Citizens of Iberville and Louisiana Environmental Action Network.

Earlier this year, some of those same groups also asked EPA to rescind the state's authority to regulate air pollution.

By Mike Dunne
The Advocate - 9/18/2002

Topic: Water Pollution

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