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Environmental Law

: Environmental Crimes Blog

Enforcement by the TCEQ is a Joke

By Walter James

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The other day, I received an e-mail from the Texas Commission on Environmental Quality (?TCEQ?). I am a subscriber to its notification services. The e-mail screams out: ?TCEQ APPROVES FINES TOTALING $816,375.? You think: Wow, they are really doing something here.? Then you look at the numbers. The TCEQ had approved penalties totaling $816,375.00 against seventy (70) entities for violations of Texas environmental regulations. It also touted a penalty against Conoco Philips of $243,301.00. The break down went like this:

Total Penalties:	$816,375.00
Minus Conoco	$243,301.00
Total	$573,074.00

The average fine for the other sixty nine (69) violators? $8,305.42. Of those sixty nine (69) violators, six (6) were default orders which essentially means that the effective average fine is probably below $5,000.00 per violator.

What that means is that Texas is open for business!!! Unless the TCEQ wants to cede all enforcement to the USEPA Region 6, the TCEQ needs to get serious about enforcement.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on November 19, 2009 (boomark / email).