Congresswoman Carson Moves to Get EPA to Act!

On October 19, IKE submitted a civil rights complaint to EPA against the City of Indianapolis claiming the city’s operation of its combined sewer system had discriminatory effects. On November 9, EPA acknowledged receipt of the complaint. That acknowledgement triggered a 20-day clock under which EPA was required to accept or reject the complaint. More than 140 days later, EPA has not acted.

Yet, an EPA source told reporters for Inside EPA in late October that the complaint was an “easy win” for environmental justice! Unfortunately, that comment drew a blistering letter from the powerful House Commerce Chair Congressman Bliley demanding confidentiality in the process and accusing EPA of prejudging the complaint.

In a February 28, 2000 letter to Administrator Browner, Representative Carson states “[t]he present inaction denies the benefit of Title VI of the Civil Rights Act of 1964 to the people of Indiana’s 10^th Congressional District and inhibits full and fair resolution of the problem faced by Indianapolis and her people. I write to strongly encourage that the EPA accept the complaint and to urge that it then be given proper consideration. We need a resolution which not only offers a comprehensive plan but also incorporates fundamental principals of environmental justice into that plan.”

EPA simply says they lack the resources to review the complaints it has received. With 48 pending cases, including 29 under review to be accepted or rejected, the workload is heavy. However, IKE’s analysis of the EPA’s January 24, 2000 Status Report reveals a different story. A congressional rider in place since October 1998 demands that EPA suspend work on complaints related to issuance of a permit. IKE’s complaint is one of seven pending complaints not covered by the rider. EPA’s response to Representative Carson’s indicates that consideration is now underway.