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When
the polluted Cuyahoga River caught fire in 1969 and
burned out of control for days on end, an outraged public
demanded environmental accountability and eventually
spurred passage of the Clean Water Act. Today, as Americans
witness the abrupt demise of Enron, they are similarly
alarmed by an abdication of government oversight, and
rightly ask: just who is looking out for the public
interest?
Although
members of the U.S. Senate and House are now elbowing
each other aside to conduct nationally-televised hearings,
they conveniently ignore the broader truth for which
they bear ultimate responsibility-their readiness over
the past two decades to cede government's role as watchdog
of the public good, trading campaign contributions for
assurances that industry will police itself.
In
the 1960s and 1970s, the civil rights movement, Vietnam
War, environmental disasters and the Watergate scandal
inspired a host of regulatory reforms. In each of them,
government was charged with protecting and policing
the public interest. Transparency was an elemental component
of every reform, as government and private sector interests
alike were required to disclose information about potential
public harm.
However,
the Reagan revolution of the 1980s brought back a "too
respectable to be regulated" mentality, allowing
industry to withhold environmental and financial data
and shifting enforcement responsibility from government
agencies to private sector players. As campaign financing
spun out of control under Democratic and Republican
Congresses and presidencies, regulatory checks and balances
devolved into a full-blown charade of self-reporting
for both financial managers and polluters. This pitiable
substitute for public oversight has now exploded in
the Enron/Arthur Andersen debacle, but its full dimensions
are manifest in repeated violations of both environmental
and financial management laws.
For
those of us in environmental advocacy, the Enron/Arthur
Andersen scandal is not surprising. The debacle has
many of the hallmarks that have characterized our 12-year
battle for better environmental policing and polluter
accountability. Through assiduous observation, persistent
use of the Freedom of Information Act and help from
anonymous staff and whistle blowers, MEC and our member
organizations have tracked and documented a system that
too often lets the worst players get away with environmental
murder.
In
Michigan, we saw the Polluter Pay Law gutted and costs
of cleanup shifted to taxpayers-if cleanups were required
at all. This was followed by passage of a law allowing
private sector and municipal waste managers alike to
audit their own pollution and giving them the privilege
of withholding critical information from the public.
State government eliminated many professional enforcement
staff and busied the DEQ's criminal enforcement division
with security duty for the department director while
wetlands were lost and industrial farms allowed to pollute
rivers and streams with tons of manure.
Recognizing
that those with larceny in their hearts will not hesitate
to take advantage of the public trust, we've protested
the overreliance on self-policing. Although we've cut
short many of their worst excesses, too often the response
of the polluters-and press, public and politicians-has
been underwhelming. In response to the abdication of
governmental oversight, nonprofit environmental advocacy
organizations have grown bigger and smarter. But in
fully protecting the public interest, we'll never be
a substitute for government-and neither will the private
sector.
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