An investigator who has attempted to learn why the spill happened and how to prevent it has reportedly been obstructed by his superiors, and is now facing dismissal, for exercising his intellectual initiative as superintendent of the National Mine Safety and Health Academy.

While it is not clear to what extent political appointees at high levels may have had a role in influencing policy, it does appear that a clear departure from standard regulatory practices occurred, allowing the massive toxic runoff to be kept from entering into the public's awareness. [s]

BACKGROUND:
EPA TURNS OFF ENFORCEMENT
6 November 2003

The New York Times today featured a front page account of new rules changes at the Environmental Protection Agency. The rules changes, in line with current administration energy policies, will effectively end investigations into Clean Air Act violations at 50 power plants across the United States.

The reported rules change would allow energy producers and refineries to upgrade their plants, even where it increases harmful emissions, without installing any pollution controls at all. The Times also reports that a "career E.P.A. enforcement lawyer" said the move was unprecedented and characterized the process as a decision "not… to enforce the law at all." [Full Story]