Yeah, xenophon, you’re right; that was unfair.
All of this line of criticism come from Norton’s origination, and endorsement, of Colorado’s “Self Audit” law, which basically allows corporations to escape penalties for minor environmental infractions if the corporations report the misdeeds themselves. Usually, these violations are paperwork errors, or minor spills and leaks that, while detrimental to the environment, are, in perspective, not that big a deal, and one of those things that Colorado’s environmental regulators were getting bogged down pursuing, with very little payoff.
Shockingly, at least to environmentalists, the law actually seems to work. Corporations, not wanting to be prosecuted, and also desiring to be “good corporate citizens” have taken huge advantage of the law to report problems they’ve had. The good results are three-fold: The corporation doesn’t have to pay fines for what they’ve done; remediation efforts can be done earlier, more accurately, and more successfully; and environmental regulators are free to pursue the big violators with more resources and time.
Of, course, the EPA was against the law to begin with, fearing, just as Tejota does, that it would give corporations free rein to do as they pleased with environmentally damaging material, while remaining free from prosecution. But it’s hard to argue with results. So the EPA is now firmly behind the program. This is the Clinton EPA, too, mind you, the one that conservatives are always tarring with the “Socialist-Communist-takings-can’t-chop-down-your-own-tree” brush.
And Colorado also has a neat little way of making sure that the really big offenders don’t get away scot-free. They give pollutors exemption from state-levied fines when they turn themselves in, but the option remains to levy EPA fines if the incidents reported are egregious enough. So it’s not like someone can drive the Exxon Valdez into the middle of Cherry Creek and get away without consequences.
This is what Gale Norton is pushing. It may sound like a recipe for disaster, but it works great, and is, here in Colorado, pretty well accepted. To paint such a program in the light that Tejota did is to venture pretty far from mainstream, while accusing Norton of being extremist. To those in the know, it looks kinda goofy. 