EPA’s criminal referrals hit 30-year low

WASHINGTON — The Environmental Protection Agency hit a 30-year low in 2018 in the number of pollution cases it referred for criminal prosecution, Justice Department data show.

EPA said in a statement it is directing “its resources to the most significant and impactful cases.”

But the 166 cases referred for prosecution in the past fiscal year is the lowest number since 1988, when Ronald Reagan was president and 151 cases were referred, according to Justice Department data obtained by the nonprofit Public Employees for Environmental Responsibility advocacy group and released Tuesday.

“You don’t get closer to the core of EPA’s mission than enforcing the law,” Jeff Ruch, PEER’s executive director, told The Associated Press. “We’re reaching levels where the enforcement program is lacking a pulse.”

EPA efforts to prosecute polluters reached 592 criminal referrals under President Bill Clinton in 1998. Criminal referrals have been on a downward trajectory since then, especially under the Trump administration.

Asked for comment, EPA spokesman John Konkus pointed to the civil settlement of about $800 million with Fiat Chrysler over claims the automaker rigged its diesel-powered Ram and Jeep vehicles to cheat on emissions tests.

The agency said its actions in fiscal year 2018 led polluters and potential polluters to take care of 809 million pounds of waste and pollutants, a 40 percent increase from 2017.

EPA referrals resulted in 62 federal convictions in fiscal year 2018, the fewest since 1995.

Scott Pruitt, who was the agency’s head for most of fiscal year 2018, resigned in July amid ethics scandals over his spending and allegations of favor-seeking in office.

Andrew Wheeler, who was named Pruitt’s acting replacement, will have his nomination to be the agency’s chief go before a Senate committee today.

Congress in 1990 mandated that the agency’s Criminal Investigation Division deploy at least 200 special agents.

PEER said the number had fallen to 140 special agents by last April.