ELR Citation: ELR 20970
No(s). 92-7061 (10th Cir. Mar 15, 1993)

The court holds that the making of false turbidity reports containing water quality data required by Environmental Protection Agency's (EPA's) regulations under the Safe Drinking Water Act (SDWA), in a state given primary enforcement responsibility under the Act, is a matter within EPA's jurisdiction under 18 U.S.C. §1001. Relying on U.S. Supreme Court law stating that a false statement falls within an agency's jurisdiction when it concerns authorized functions of the agency, the court holds that filing false water quality data is a matter within EPA's jurisdiction, even though the SDWA grants primary enforcement authority to the state. The court holds that the SDWA's grant of authority is not a grant of exclusive authority, because EPA retains authority in the discharge of its duties under the SDWA, and SDWA §1414 expressly authorizes EPA to take enforcement actions in states having primary enforcement authority. Moreover, a state agency's use of federal funds, standing alone, is sufficient to establish such jurisdiction.

Counsel for Plaintiff-Appellee
Andrew C. Mergen
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant-Appellant
Craig P. Bryant, Ass't Federal Public Defender
Federal Public Defender's Office
222 S. Houston St., Ste. C, Tulsa OK 74127
(918) 581-7656