A couple of months ago Grist reported that prosecutions for environmental crimes had declined since Bush took office. Describing a report from the Environmental Integrity Project, Grist said:

The Department of Justice has filed fewer than 16 lawsuits per year against polluters since Bush took office; the last three years under Clinton saw an annual average of 52 lawsuits. Between fiscal years 2002 and 2006, polluters shelled out $81 million per year in civil penalties; between 1996 and 2000, they ponied up $107 million annually. Criminal fines have dropped 38 percent under Bush, and the number of new criminal investigations has declined by 23 percent.

Now it turns out that it’s not just Justice, but the Environmental Protection Agency, that has been slacking in its duty to the public. Forbes reported today that the number of EPA enforcement officers — real-life, gun-toting enviro-cops — is down to 174, despite a Congressional mandate of 200 and a budget that’s increased by 25 percent:

(Assistant EPA administrator) Nakayama said the EPA is reinvigorating criminal enforcement with an emphasis on pursuing high-impact cases, such as the recent felony air pollution convictions against CITGO Petroleum Corp. and convictions and fines worth millions of dollars against pipe and foundry divisions of McWane Inc. of Birmingham, Ala.

The EPA’s overall criminal caseload - investigations that could lead to prosecutions later - is declining, according to the agency’s figures. It has opened fewer investigations every year since 2002, when there were 484 new investigations and 216 agents. Last year, the number of new cases fell to 305.

Critics aren’t convinced of Nakayama’s view of the story. Eric Schaeffer, who resigned five years ago as head of civil enforcement at the EPA and now runs the Environmental Integrity Project, told Forbes, “If you have fewer cops on the beat, you end up with fewer cases.” And Rep. John Dingell, D-Mich., chairman of the House Energy and Commerce committee, who was responsible for the law setting the 200-agent minimum, said:

“It is difficult to believe that environmental crime suddenly declined precipitously after Bush took office. It is more likely that the administration’s enthusiasm for criminal prosecution declined.”

And Forbes points out that the cops the EPA does have are sometimes pulled off their cases to provide personal security for EPA head Stephen Johnson, who already has regular bodyguards.

Rep. Dingell is spearheading an investigation of EPA enforcement and whether it has complied with the law.