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Pacific Legal Foundation’s Liberty Blog: Clean Water Act point-counterpoint

Posted by: Maven on March 2, 2010 at 7:42 am

From Damien Schiff at the Pacific Legal Foundation’s Liberty Blog:

“Today’s New York Times has this article contending that, at least from the US Environmental Protection Agency’s perspective, that agency’s ability to enforce the Clean Water Act and prevent the Nation’s waters from becoming polluted has been seriously constrained by recent federal court rulings. The article’s general contention, as well as its several subordinate assertions, are demonstrably false.

Point: “Thousands of the nation’s largest water polluters are outside the Clean Water Act’s reach because the Supreme Court has left uncertain which waterways are protected by that law, according to interviews with regulators.”

Counterpoint: The observation is vacuous: uncertainty can cut either way, i.e., if nothing is regulated, then that state of affairs is as certain as if everything were regulated. … “

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