EPA serves as arresting officer, judge, jury, and executioner in cases involving alleged violations of environmental laws

The EPA rules by edict, rules, and creative interpretations
of the laws governing its responsibilities.

In 2002, James V. DeLong, a scholar with the Progress and Freedom
Foundation, published a booklet entitled “Out Of Bounds, Out Of
Control: Regulatory Enforcement At The EPA.” In it, DeLong notes that
the EPA enforces a wide range of environmental statutes, which are
outlined in Title 40 of the Code of Federal Regulations. Title 40 is 27
volumes long with more than 20,000 pages.

Through Title 40, the EPA can “interpret” the language of various laws
to control nearly every aspect of our existence. This includes such things
as cosmetics, insecticides, shoreline erosion, solid waste disposal, leadpaint
poisoning, hazardous materials transportation, asbestos, toxic

substances, nuclear waste, emergency planning, medical waste, ocean
dumping, safe drinking water, endangered species, etc.
Businesses face constant uncertainties about how to
comply with the blizzard of EPA regulations,
directives, memos and interpretations of various laws.
In fact, according to DeLong, an EPA enforcer can use
the same evidence of alleged wrong doing to require an
informational negotiation with the business owner,
create administrative penalties, impose civil penalties,
or pursue vigorous criminal prosecution. In other
words, “EPA can choose any level of action, from a
verbal warning to full criminal indictment, on the basis
of the same set of facts,” said DeLong.

The EPA serves as arresting officer, judge, jury, and executioner in
cases involving alleged violations of environmental laws. In addition, a
business owner’s intent to cause harm isn’t usually considered in
enforcing a law. Moreover, an EPA enforcer can charge a company with
an environmental violation not only if an actual crime was committed,
but if there’s a “threat” of significant harm or by a “threatened” release
of toxic substances. These vague descriptions are outlined in the EPA’s
document, “The Exercise Of Investigative Discretion.”

Badge of a “Special Agent” of the EPA. The power that these enforcers
have taken upon themselves is outrageous.

This document also tells EPA enforcers that they can cite a company for
“harm” if there’s a failure to report a release of a toxic substance or by
illegal conduct that represents a “trend or common attitude within the
regulated community.”

In most law enforcement cases, a person’s intent is considered in
determining the extent of punishment. But not with the EPA. A business
owner’s intent is irrelevant.

The EPA is also guilty of creatively reinterpreting laws passed by
Congress in order to expand its control over new areas of our
environment. One of the most egregious examples of this is Lisa
Jackson’s decision in December, 2009 to declare carbon dioxide to be a
dangerous greenhouse gas that had to be
regulated through the EPA. Her
announcement came conveniently just
days before President Obama was giving
a speech at the U.N. climate change
conference in Copenhagen.

Jackson claimed that the Clean Air Act really
gives her no authority to regulate greenhouse gases, but she did it anyway by claiming that her EPA
science advisory board had issued a “finding” that carbon dioxide is a
pollutant that must be controlled.  When did Congress give the EPA the right
to declare CO2 a pollutant? The Answer: Never!

Carbon dioxide is one of the basic building blocks of life on this planet –
both plant and animal life. Every human exhales carbon dioxide and
plants use it during photosynthesis in the production of oxygen. The
EPA’s “finding” that CO2 is a pollutant is about as rational as saying
that water is a pollutant.


About Mississippi Coal
Welcome! It is an honor to have a moment of your day. We are in favor of all forms of energy. We care about the future of this great Nation and seek to expose the corruption behind the Kemper County CO2 capturing experimental Lignite coal Demonstration unit. Our Chief complaint is that the rate payers pay for it in their electric bills. The CO2 capturing does not produce electricity so therefore serves no purpose for the ratepayers. It is a money scam for Mississippi power and Southern Company. Mississippi is first in following the (United Nation's Agenda 21) Kyoto Protocols for the regulation of carbon dioxide, a gas we breathe out of our lungs, by forcing the people to pay for it through energy bills and taxes. Through the process of investigating the Kemper County Coal Plant issue, we feel criminal acts have been committed and that soon FCC violations will be added to the offenses. People are being lied to, deceived, or misled and therefore are fully cooperating with this Lignite experiment. "This blog or any content may contain copyrighted material. Such material is made available for educational purposes, to advance understanding of political pathways, Constitutional infringements, democracy, science, and other issues. This constitutes a 'fair use' of any such copyrighted material as provided for in Title 17 U.S.C. section 107 of the US Copyright Law. This material is compiled and distributed without profit. This blog does not always agree with certain personal views or agendas of the published authors, but we will overlook such views many times in order to present facts, conclusions, and connections for knowledge or clarification. We hope you gain from this critical subject matter of the article/op-ed."

2 Responses to EPA serves as arresting officer, judge, jury, and executioner in cases involving alleged violations of environmental laws

  1. No one would care if fines… were given out following warnings….” for egregious health and safety violations” but that is not what we are talking about. You are still not understanding Agenda 21. They are setting up environmental courts in MS to do nothing but attack the public for any violation they can come up with and they will search for everyday citizens, not contractors, for violating their new over- extending regulations, like catching and storing rain water for your garden, or having a garden without a $600 permit, buying, selling, or giving away food from your garden, or CUTTING DOWN YOUR TREE on your property even if you are replacing it, (trees have RIGHTS you know according to the environmental worshipers)… research it.
    There is no checks-and-balances here, we are at their mercy. Is that fair or justified if no violation had occurred but they imagine there is a threat to a violation and jail/fine you? Can you imagine the abuse to this power? There is a reason the arresting police officers are not the judge, jury, and executioner or perhaps that is the way you would like to see it?


  2. The law is the law. Just because you don’t like it or understand it or the science behind it doesn’t make it any less valid. Child protective services can come in and take children away from parents based on anonymous tips, prior to an investigation. Homeland security can detain a person for as long as they wish, based upon suspicion or hearsay. The “threatened release” conveys the idea of lack of proper precautions in storage. These are usually mandated. If an OSHA inspector sees a violation, he can issue a warning, issue a citation, issue a fine AND citation, or, if egregious enough, call for an arrest or even put a hold on a business or contractor’s license. If even seen them shut down construction jobsites for egregious safety violations.

    It sounds like you think violators and polluters should be allowed to do business however they see fit. DO you also disagree with a federally-mandated minimum wage or work week?

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