Environmentalists rejoice as a 6-3 majority of the U.S. Supreme Court expands the requirement for seeking a federal permit under the Clean Water Act to include wastewater or sewage that makes its way to navigable waters through the ground. The statute had merely required a permit for ‘direct from the source’ pollutants. With two conservative justices in the majority and three dissenting, how can President Trump hope to achieve significant deregulation?
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6 replies on “Flush with Regulation: Supreme Court Expands Federal Sewage Permit Power”
Starting at around the 11 minute mark, I side with Scott. As, it seems, you started doing, Bill. But, if you were a judge, I would say you are dangerously close to being an activist! That sai, I can now more clearly see the SOMETIMES SUBTLE difference between the two sides! Whew, sure am glad I am not a SCOTUS!
Everyone hates sewage…. but apply elsewhere in environmental regulations… apply this to tailings impoundments, any highway or rail spill of hazardous materials… this will become much bigger over the next several decades. It will take a new case reaching the Supreme Court to narrow this… now we should anticipate permit appeals based upon that “attributable to the source”…. everything will now go through courts for permits.
Much bigger implications than HI with this ruling…. any time there is a discharge of waters (contaminated or not) anywhere in the nation that could end up in GW, then you will be SOL.
Hawaii has its own dept of environmental quality,and it should be easy enough to find pollutants at the plant’s outflow, if any.The feds should have nothing to do with it.
Constitutional-Carry
This
A civilization cannot be sustained on the bases of action that requires one to beg Mother-May-I from the government. It is the function of such regulations to STOP action before the action is taken. It presumes guilt BEFORE the act and prior restraint before any individual’s rights are violated. Such things kill civilization with full malintent.
It is the proper function of government to provide a non violent path of redress of grievances if one party’s individual rights are violated by another party. Party meaning individuals, associations of individuals, and/or government institutions. It is not the FUNCTION of government to grant permission for free citizens to act to sustain their lives. Yet it is exactly this that ALL levels of government are doing more and more. This will stop. The choice is to stop the odious permission giving or the slow death of civilization.