Previously we posted on EPA’s Gold King Mine blowout, identifying aspects of the Agency’s conduct that would bring ruin on a private entity:
- The size of the blowout is much larger than EPA said it was.
- The scale of potential environmental damage and adverse effects on human health is vast.
- EPA apparently delayed reporting the blowout to state and local officials.
- EPA was slow to collect data, make it difficult to access, and published it in a format that is very difficult for the public to understand and utilize.
Today we can add two additional ways EPA is behaving in ways that would increase a private party’s risk of fines, penalties and criminal prosecution.