A Return To Constitutional Government Angers The EPA

            In a recent N.Y. Times article titled: “Rulings Restrict Clean Water Act, Foiling E.P.A.”  reporters criticized the Supreme Court for deciding that existing Environmental Protection Agency [EPA] regulations are too vague. Vagueness creates a challenge to industry and has a chilling effect on production. When a company has to guess as to what the law requires owners and officers will tend to avoid certain productive activity so as to avoid expensive litigation and the potential for large fines.

            A spokesman for the EPA in Atlanta expressed the opposite view. He accused business of dumping pollutants into waters since the law is unclear and they could escape regulation.

            The recent decision of the Supreme Court has actually removed much of the ambiguity in the regulations, but environmentalist who would like to control the pond in your back yard are obviously unhappy about the ruling.

            Congress has the power to regulate “navigable waters”, not streams and lakes to nowhere. The EPA would like to regulate not only navigable waters, but also the streams to nowhere that go dry during some parts of the year. 

            True to their stripes, the current regulators are upset because they are being held to a Constitutional standard and are therefore unable to exercise total control over the business activities that are wholly the province of State governments.