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Curtailing the Clean Water Act
March 1st, 2010
The lead story in The New York Times this morning is titled, “Rulings Restrict Clean Water Act, Hampering E.P.A.” It describes the effect of two decisions by the Supreme Court in preventing enforcement of the Clean Water Act. Apparently, the controversy revolves around the word “navigable” as used in the legislation, “the discharge of pollutants into the navigable waters of the United States.” The Supreme Court limited the meaning of word navigable to preclude wetlands and other streams that might affect our drinking water, even though the legislative intent of Congress was clearly inclusive. Now, in addition, legislation to remove the word “navigable” from the act has stirred a kerfluffle on the far right, with Glenn Beck saying it would give the federal government power over puddles and rainwater. (Sigh), do these men have no shame? Meanwhile, the article describes the inability of the E.P.A. to prove jurisdiction and the resulting diminishment of prosections, even as polluters grow more bold as they realize their ability to circumvent the law. Now, in addition to Glenn Beck, the American Farm Bureau Federation and the National Association of Home Builders are trying to prevent amendment of the law. And, in light of recent Supreme Court decisions about the power of corporations to contribute to political campaigns, who knows whether a new law would muster the majority needed to confirm its constitutionality? Environmental Excellence
January 8th, 2010
The lead story in today’s New York Times is titled, “E.P.A. Seeks Tighter Rules to Cut Down Air Pollution.” It describes a new standard by the Environmental Protection Agency to lower smog levels. The new standard will set a limit for ground-level ozone of .060 to .070 parts per million compared to the widely criticized weaker level proposed by the outgoing Bush administration of .075 While the Agency estimated the cost of compliance between $19 billion and $90 billion, it also estimated savings in healthcare costs up to $100 billion per year. Currently, only 322 of 675 counties meet the .075 standard, 160 meet 0.70 and only 15 meet .060. However, it’s far more important, in my opinion, that agency analysts predict the law will prevent 12,000 premature deaths per year from heart and lung diseases including bronchitis and asthma. How long will we place the needs of companies — the American Petroleum Institute opposes the regulation for economic reasons — ahead of the health of our citizens. Though the article appears like very good news, I was a little discouraged to read the timeline for implementation, buried near the end of the article on page three. States must submit plans for compliance by the end of 2013, and the new rules would be phased in between 2014 and 2031, with the deadline longer for regions with more dirty air. |
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