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New law would aid business, endanger health

The Environmental Audit Bill, anti-regulatory legislation that licenses industries to pollute, was killed in Congress and denounced by Environmental Protection Agency. Senate Bill 728, which passed in the Michigan state Senate, is awaiting a vote in the House. The legislation would grant industries immunity from pollution and emission regulations -- practices that contribute to substandard air quality and hazardous toxic substances. Gov. John Engler supports the bill, and with the current pro-business trend in the Department of Environmental Quality, the House will likely pass the measure.

The bill could cut business costs -- but it would have devastating effects on human health and safety. Most modern industries conduct regular environmental audits to satisfy state and federal regulators. The information gathered from the audits on contamination, waste and human safety analysis is then revealed to regulators, the courts and the general public. However, if the bill passes, it would grant "audit privilege" to companies to disclose environmental reports -- a licence to pollute. Under the proposed law, a company's internal environmental report would be denied to the media and the courts. In a criminal case -- when innocent citizens suffer health or property damage from a hazardous industrial site -- the audit privilege would safeguard companies. It would permit them to conceal evidence deemed "privileged" information.

Underprivileged neighborhoods will bear the brunt of this bill. Currently, 44 percent of minority children in urban communities come in contact with lead poisoning, which causes irreversible harm. For example, Detroit suffers from disproportionate amounts of pollution and substandard air quality. As communities struggle to gain a "right-to-know" ordinance, the bill would deny them vital information on the health effects of their neighboring polluters.

Companies illegally discharging chemicals into the environment have faced hefty fines and strict penalties through recent enforcement actions in Michigan. Passage of the bill would halt environmental enforcement in Michigan. The environmental audit privilege/immunity legislation would shield pollution from discovery and reverse years of progress toward a cleaner environment.

The bill would promote toothless environmental legislation, permitting companies to further environmental degradation and harm human health. It would benefit bad actors who promote "responsible care" on environmental concerns, as a smokescreen for their concealed operations.