


March 02, 2010
Chad Love: Dirty Water Action
By Chad Love
Way back in 1972, when calling yourself a "liberal" or a "conservative" didn't quite have the knee-jerk connotations it does now, Congress passed and Richard Nixon signed into law (reluctantly, after a failed veto) the Clean Water Act. Because that's what you do when your rivers are so polluted they catch on fire.
And it's not hyperbole to say that in the three decades since its passage the Clean Water Act (in tandem with the Clean Air Act) has been largely responsible for the angling opportunities we now enjoy. Along the way many recreational angling groups like B.A.S.S. and Trout Unlimited have supported and fought for the act's goals. But thanks to recent Supreme Court decisions that severely limit the act's regulatory scope, pollution rates are rising once again.
From the latest story in the New York Times.
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. As a result, some businesses are declaring that the law no longer applies to them. And pollution rates are rising. Companies that have spilled oil, carcinogens and dangerous bacteria into lakes, rivers and other waters are not being prosecuted, according to Environmental Protection Agency regulators working on those cases, who estimate that more than 1,500 major pollution investigations have been discontinued or shelved in the last four years.
“We are, in essence, shutting down our Clean Water programs in some states,” said Douglas F. Mundrick, an E.P.A. lawyer in Atlanta. “This is a huge step backward. When companies figure out the cops can’t operate, they start remembering how much cheaper it is to just dump stuff in a nearby creek.” The court rulings causing these problems focused on language in the Clean Water Act that limited it to “the discharge of pollutants into the navigable waters” of the United States. For decades, “navigable waters” was broadly interpreted by regulators to include many large wetlands and streams that connected to major rivers. But the two decisions suggested that waterways that are entirely within one state, creeks that sometimes go dry, and lakes unconnected to larger water systems may not be “navigable waters” and are therefore not covered by the act — even though pollution from such waterways can make its way into sources of drinking water.
So industrial polluters can thumb their nose at the EPA and continue to dump their waste in the nearest creek, pond, river, lake, ditch, playa, wetland, slough or marsh, just as long as it doesn't fit that narrow legal description of "navigable waters." And apparently there's not a damn thing anyone can do about it. "But what about the states?" you ask. "Isn’t it better to keep the Feds out of our business?"
Well, no. Most state environmental regulatory agencies are, quite frankly, a joke. As a reporter I covered the industrial swine factories that invaded my home state of Oklahoma some years ago and I am a firsthand witness to how complicit and/or powerless state regulatory agencies are in the face of the corporate hired guns. Back then one of these lobbyists favorite tactics was to scare people into thinking that evil, faceless federal regulators were going to shut down family farms. Nice to see things haven’t changed...
In the last two years, some members of Congress have tried to limit the impact of the court decisions by introducing legislation known as the Clean Water Restoration Act...But a broad coalition of industries has often successfully lobbied to prevent the full Congress from voting on such proposals by telling farmers and small-business owners that the new legislation would permit the government to regulate rain puddles and small ponds and layer new regulations on how they dispose of waste. “The game plan is to emphasize the scary possibilities,” said one member of the Waters Advocacy Coalition, which has fought the legislation and is supported by the American Farm Bureau Federation, the National Association of Home Builders and other groups representing industries affected by the Clean Water Act. “If you can get Glenn Beck to say that government storm troopers are going to invade your property, farmers in the Midwest will light up their congressmen’s switchboards,” said the coalition member.
So we're now taking getting environmental advice from Glenn Beck? Is that going to be the legacy of the Clean Water Act? In the space of 38 years to go from the passage of a landmark piece of environmental legislation that has worked brilliantly to allowing it to be gutted because some television pundit has convinced some of us that everything about the Federal government is bad? If something as basic as the idea of clean water can be subjugated, warped and twisted into frothing political screed, what does that say about the future?
Comments (39)
While I totally agree with you on pollution, the Constitution, which we should all cherish, leaves certain rights and responsibilities to the states. In this circumstance, this is unfortunate. However, local water pollution is a local problem and must be addressed as such. Fortunately I live in Michigan. We have very strong laws concerning water quality. I would urge my buds in other states to strengthen their laws to address these problems. Our future recreation will depend on it. I don't think you will see any federal expansion in this area with the present Supreme Court. Frankly, I don't want this to change. I like this court.
So much for corporations, companies, individuals, and municipalities doing the right thing for the greater good. I'd say most of it is related to money. Cheaper to pay lawyers and lobbyists than to identify and correct the problems and answer to shareholders and taxpayers. Problem is that the problems don't go away. It just gets worse. Unfortunately, much of the effects of pollution that has occurred or is occurring is unknown until remediation is too late or too much cost to fathom. This is way beyond shameful.
I was involved with auto industry emissions many years ago, but what really opened my eyes was a situation near a favorite trout stream. A company, long out of business, released toxic chemicals into their property, seemingly far from the watershed. High levels of these substances leeched underground and have migrated toward the stream. Water supplies for locals have been affected. The costs and activities required to remediate the current issues and prevent the toxins from reaching the stream are extraordinary. If it was only taken care of in the first place.
And the municipalities that still dump untreated wastes into waterways. Are taxpayers willing to take on the burden to fix their water treatment systems?
Sometimes regulation is necessary and prudent.
I'm with YooperJack. If the states aren't doing their job, that doesn't mean that the Federal Government has a green light to jump in and take everything over. The CWRA is anything but a perfect bill as it is. The states have a responsibility, and we should be working on getting them to fulfill that responsibility, not just saying "OK, times up! We'll take over from here!" The Constitution put the states in charge.
Also, couldn't help but notice that your source was the struggling, admittedly biased NY Times. Would it be possible to get a less-liberal leaning news report? Such as CNN or Foxnews?
My personal desire would be to see an official audit of the states finances regarding environmental responsibilities. The company I work for deals every day with state regulations (or lack thereof), and I can say firsthand that one of the largest problems is misallocation of funds by the state government. Politicians are all about getting re-elected, and to accomplish this they have to keep the public happy, which means spending the state's money on highly visible projects instead of what really needs to be done. We need them to just do their job.
I meant to say "deals every day with state regulations concerning water pollution". We're a stormwater management company, hence the experience with pollution requirements.
"admittedly biased NY Times"
Really, could you point to where in the NY Times mission statement or manifesto they proclaim this "admitted bias" you say they have?
Most of the quotes come straight from EPA officials and regulators. Are they "liberal" too? Why the hell is water pollution even being couched in "liberal" versus "conservative" terms? Isn't it more of a "common sense" versus "morons" issue?
And if the states aren't doing their jobs (which they clearly aren't), then what? State environmental regulatory agencies have a long history of doing jack, and it's easy to huff and puff about "holding states accountable" but that doesn't really solve the problem, does it?
I take anything that's written in the NY Times with a grain of salt. The majority of their readers are urban folks who snort way too much concrete dust. If you don't spend time in the field it is easy to have the wool pulled over your eyes. I drive from upstate NY to Ak quite often and the North America I drive through today is immeasurably cleaner than the 1970 North America. You can read water quality statistics or you can count Bald Eagles and Ospreys, they both tell you that the water is cleaner than it has been since before the Civil War and getting cleaner. I'm sure that their are law breakers out there, but in general things are way better than they have been. I am against giving the Government access to more and more control over our lives. I haven't noticed the NY Times calling for it to be illegal to show Algore's movie to children in our schools on the taxpayers dime. Have you??
Creosote,
The NY Times editors have said that they are liberal. CNN says that they (CNN) try to present a moderate, common-ground news source, while the NY Times doesn't even attempt to reach that standard. I'm not saying that I agree with CNN on everything either, but I am saying that I'm much more likely to listen to what they have to say than to what a self-proclaimed liberal news source says.
As for the EPA, allow me to remind you that they are politicians also. They want more power and a bigger budget, just like everyone else. I'm all for common sense, particularly the kind of common sense that dictates looking at a problem carefully and from all angles before making any large-scale decisions. The EPA doesn't exactly have a perfect record, either.
"Then what?" Well, I'd like to see a comprehensive strategy to at least TRY and get them to do their job (starting with audits) before we do such a large-scale reform such as the CWRA, which would remove the "navigable" phrase from the CWA and effectively give the EPA jurisdiction over all water in the US. We need to look at the long-term consequences, people, not just what's happening right now.
And, for the record, I haven't listened to Glenn Beck or Rush Limbaugh for at least the past 6 months, so don't even try to paint me as a radical. I'm not.
"Isn't it more of a "common sense" versus "morons" issue?"
Yes, of course it is, but it just has to become "Stupid liberals and their clean water", doesn't it? Typical. Looking out for the future of our resources? That's for liberals. Screw that.
It also figures that Al Gore, the most irrelevant guy ever, somehow manages to come up in this conversation. He's the posterboy for stupid liberals and their stupid environment.
“This country is a one-party country. Half of it is called Republican and half is called Democrat. It doesn't make any difference. All the really good ideas belong to the Libertarians.”
-Hugh Downs, 1997 (not really true, but the point is worth hearing)
Look, shane, I'm not against the CWA. I think it worked pretty well, and I think most people here would agree with me. However, it was never intended to give the EPA blanket control over all the water resources in the US, which, the last time I checked, is exactly what the CWRA would do. There are much better ways to deal with our current problem than by doing that.
Al Gore popped up because he's a knee-jerk liberal, and the CWRA is a knee-jerk response. No mystery there.
Dad said, we use to bury it, now we mix it with our drinking water!
Is it a surprise that the NY Times published Algore's latest Global Warming rant on Sunday? It is amazing to me that the Times can write articles on the problem beavers are in many parts of the country on the one hand, and then write about the water being too toxic for anything to live in on the other. Where was Chad Love on the piece about PCBs in the Hudson. The EPA is trying to dredge them from the Hudson River but the PCBs released because of the dredging is over 35 times what was expected. Nice work on that call EPA. That will help the Striped Bass, the Bald Eagles, Osprey, Peregrines and the whole estuary. Sometimes the remedial action is way more harmful than doing nothing, not to mention hundreds of millions of dollars cheaper. I read the Times just about every day. In the main, they are snorting concrete.
Dukkllr makes a good point. The NYTimes has a long history of crying wolf. (So does Al Gore). The problem here is that they could be right. Unfortunately, anything they say will probably be ignored. Also unfortunate is that there is a real problem in several states. These states, and municipalities, involved either won't, or can't address the problems because of both desire and money problems.
However, just because the federal courts will not enforce CWA on local waters doesn't mean that the federal government can't spend money to correct these problems with block grants, or maybe stimulus money. I hear there's a few bucks left.
A commercial from the 1970's worth another look:
http://www.youtube.com/watch?v=_R-FZsysQNw
The idea that the states can monitor and enforce any sort of environmental laws is laughable. YooperJack is right, the intent may be there, but virtually no state currently has the ability to even enforce the compliance of existing statutes. Nation-wide budgets are a mess and one of the first departments to feel cuts are natural resource management agencies.
Furthermore, resources such as water and air don't abide by political boundaries, one state doesn't have the right to degrade the resources of an adjoining state just because they dislike regulation and the federal government "infringing" upon their state's rights.
The constant knee-jerk reaction to any sort of safeguarding of resources is truly a sign of the sad state of affairs that our public process has become. The CWRA is needed to close the gaping loopholes created by a short-sighted court ruling.
Water is far and away the most precious resource our nation possesses, creating long term problems for a few short term economic gains is not a legacy we should be passing along to our children and grandchildren.
Well put Sage Sam
Funny this should boil down to a debate about politics and the NYT for so many here.
Meanwhile, the real issue gets ignored.
CWRA is exactly that, a restoration of water protections signed into law under Richard Nixon and eroded over the past couple of years.
Calling this a state's issue is a cop out that doesn't address the actual problem. It also ignores the fact that water travels between, across and to other states.
I don't fear the EPA, especially considering that they have done a great job since 1972 in stopping and reversing some serious pollution without "storm troopers" or constitution altering powers.
I do, however, fear the corporations that are motivated by nothing but profit and would think nothing of destroying a trout stream or waterfowl nesting area to save their shareholders a dime. Their track record is less than stellar.
Frankly, I'm sick and tired of watching sportsmen argue among ourselves while politicians and special interest groups weaken or overturn the laws that previous generations of sportsmen worked to pass.
It seems like the only thing some of you guys can agree on is that the liberals want your guns. Meanwhile, you stand idly by while the laws that protect our water, wildlife and public lands are winnowed into no protection at all.
I don't give a damn about your opinion of the NYT, Glenn Beck, CNN, Democrats, Republicans or Al Gore either. I do care about reasonable protections for the places I hunt and fish and you should too.
If we don't pass the CWRA, our water resources - and by association our wildlife - will be less safe. I want my boys to look back at what my generation did for sportsmen and be proud. The way things are going at the moment, I'm afraid they will faced with the task of fixing our problems.
Let's stop the fear mongering and do something worthwhile for our children. Maybe if we get our act together soon, there will still be healthy populations of fish and wildlife for our grandchildren.
Pjourn
Thanks for this post. The Clean Water Act debacle is near and dear to many of us here in WV, where the CWA is basically totally unenforced. Every day I wake up and think "maybe today is the day the CWRA gets introduced and passed." short sightedness at it's worst.
yrs-
Evan!
Leave it to an activist "conservative" court to gut the clean water act. Freikin' "con" judges likely never taste water anyway (leastwise not without same bourbon to "make it safe"). Roberts, Scolia and Thomas are bought and paid for by the same corporate interests that trashed the economy. Acting to preserve their corporate masters profit margin is about what I expect from the twits who appointed Dubya. I want them all to hurry up, get sick and die so the rest of us can get on with living. Poop on "cons" who don't conserve nuthin'!
So, maybe we should work on ENFORCING the CWA instead of re-writing it! Radical, I know, but I usually prefer to just change flat tires instead of buying a whole new car. If the CWA isn't being enforced properly (per Evan), then the EPA has a fair share of responsibility for that. I just think we need to focus on finishing the job we started before rewriting the entire system.
The fact that water conservation is important does not give the federal gov't the right to regulate it. Under our federalist system of gov't, the federal gov't is SUPPOSED to have limited, enumerated powers, with the majority of powers reserved to the people and the states. The fact that the term "navigable waters," the term Congress used when it wrote the CWA, clearly does not cover all bodies of water in the country is neither a conservative nor a liberal problem. The issue is that under our current constitution, Congress may not legislatively control everything. If you want Congress to have general police powers to control all waters, navigable and otherwise, amend the constitution. If you think the Commerce clause already gives Congress this right already then the 10th amendment means nothing.
Funny, I was fishing in the 70s and don't recall any rivers catching fire. If you bothered to look at a cost / benefit analysis of The various Clean Air Acts you would find they are some of the worst bills ever passed (cost to life saved). Basically, we would save @ 1000 times more people investing in prenatal care, better vaccines,etc. But who am I to disagree with the New York Times.
The court decision took the teeth from the CWA. By limiting it too navigable waters you stop the EPA from enforcing laws where the majority of pollution happens. Think coal mines in WV. The court ruling allowed them to begin doing what they wanted in many headwaters. Pig farms rarely dump directly into major river its small ditch creeks. I hate the current political climate because I don't want government control directly over me(i.e. gun control), but I do want them to keep running things like the EPA with strong policy. All of our politicians are scared to have centrist views lest they be painted an obstructionist or a communist depending on the current argument. I know the EPA can be painted as evil big government but would you rather have drinkable water and a trout stream or a stream that can only support carp and is no longer potable because of heavy metals. That said it does not mean we should not allow the private sector to brainwash into believing they will all go out of business if environmental legislation is passed. The majority of the private business sector is out for the bottom dollar not the environment that supports the animals that support our recreation.
vtbluegrass said it the best!!! +1
Congress never gave the CWA teeth to begin with--they put the term "navigable waters" in the law. The Court only construed it to cover its plain meaning. I am not saying I like dirty water, or rivers that catch fire (Cleveland or somewhere, I think), but if we want the feds to regulate all waters, we have to amend (or ignore) the constitution. Plus, what I read of the proposed language of the CWA fix doesn't clarify the situation, but merely extends the power of the EPA to regulate all waters consistent with the powers granted by the constitution. That circular definition gets us right back to square one--i.e, what waters can Congress legally regulate? Separation of power is a good thing. It may be less efficient, but it tends to discourage tyranny.
When air pollution is so bad that newscasts warn children and old people to stay indoors and limit their activities, and announce that the water is unsafe to swim in today or drink ever. and the DNR posts safe limits on the amount of fish (contaminated fish) that you can eat, we are way past states rights.
The states aren't doing it. And if the states allow practices that endanger their citizens well being I think its incumbent on the federal government to take over.
And in the mean time raise hell yourself every time you see someone polluting, call the cops or the local government or the local EPA.
And if none of that works, go subversive, just don't get caught!
But stop them!
It would all be for the GREATER good of the people.Once water leaves the control of an individual it becomes a resource to all others.We are made of water and require it to live and the life around us requires it too.When that individual alters ,reduces or degrades that resource,they have damaged it and have imposed a loss against all of us.For that we need properly worded regulations that can be enforced to protect all surface water.With any short period of drought any creek or marsh will run dry replenishing the local aquafer,and with it any possible toxin.
We have corporations,farm bureaus,manufacturers and the like who hire their lobbyist to separate the bottom line from the problem.At the first sign of a contaminate in the water ,the offender will just say prove it's from here ,that creek is dry and we don't keep account of what we dump.In the end taxpayers pay dearly for something our forefathers took for granted and our courts choose to commercialize. Our responsiblities are greater than the bottom line even if you only see water from the zooplankton on up.
The EPA did its job in the beginning with the CWA.They imposed large fines that went to clean up what it could.The states on the other hand created there own EPAs to put a buereaucracy in between the fed and the offender.That way they can collect the fines and minumize the impact on the bottom line of there local industry.Once the fed writes out the loopholes,the states will have to follow.If only to keep those fines collected to stay local.
So amend the Constitution or let the EPA bully the states into doing what they're supposed to be doing, but don't freak out and cede all water control to the government! I don't understand why it's so politically incorrect to make careful decisions that have been thoroughly thought out anymore. Don't overcorrect the problem here. Fix the state issue, and everything else will fall into line. If the states are endangering the citizens, then it's the citizens' job to vote out those in power and vote in people who will do what they are supposed to do. The FedGov isn't the solution to all of our problems: sometimes we need to take responsibility for ourselves.
robert ewing already spelled it out, the states must enforce the minimal standards of any law, period. unless they set a standard that supercedes it. the court watered down the clean water act, and handed it back to the EPA in a sieve. now it is time to set a new standard, the clean water restoration act. it is pretty basic, a little like trickle down economics. sorry for the puns.
The Court did not water down the CWA in any way, shape, or form. The CWA says "navigable waters", and the Court said that "navigable waters" means "navigable waters".
The CWA is hard enough to enforce as it is, even for the EPA, and there is no earthly way the EPA would be able to come close to enforcing it if they were in charge of all US waters. They can't do it. We need to act responsibly here instead of taking the lazy, blame-shifting way out and saying "You know what, this is the government's job, not mine." You can't give up on the states; it is our responsibility as US citizens to make sure that our respective states are doing their job, and we've dropped the ball. It's our fault, really.
You would have to go back and read the story to understand that the court ruling narrowed the focus of the CWA,broadened the possible loopholes and in turn watered it down from its previous intepretation.
Please note that water seeks its own level and runs down hill.When it collects it forms a larger body that is considered a navigable body of water.Previously if small shallow creek was connected to the waterway it fell under CWA.Now it can be argued that its not a navigable waterway and there for no need to control run off from the property or account for any spillage on same.
It is true CWA is hard to enforce,it is even harder now that the court opened up more possible ways out.
With a "Clean Water Restoration Act" in place from Congress ,the standards will be there to enforce.This allows everyone to be responsible.You or any other will be able to speak up with the backing of these standards.
I don't see that the states would be left out of this process in anyway,if they see a need to take furthur action to protect there local watershed or underlying aquafer. It would be irresponsible to turn back the clock and allow the degradation of our water resources.It would greatly tax the locals of any state.
Currently in PA ,the court is hearing a case the involves a cancer cluster,a leaking retention pond,poor run off control and a chemical plumme near the local well.Company memos from 1978 state that the state EPA was informed of the leak,years later they say the state never told them to fix the leak.
If a retention pond is built to control run off water before it can be treated or rendered safe.Why should you need to be told to fix it?Is that a example of taking responsiblity?
I'm reminded that the company built that pond in response to the CWA,because of a what would at best be called a creek that trickles behind the plant.That creek runs 3-4 miles south past the well[200 feet] and into a publicly accessed lake.Under the current ruling would they need the pond or could they get by with containment around their storage tank and a triple basin for there indoor transfer area.
I make my living in the water treatment industry. Don't believe everything you read. Reading this would make you think everyone is just dumping drums of whatever out the back door of every chemical plant and refinery. Not even remotely close. As a matter of fact, the limits on NPDES permits continue to go lower and lower, many now regulated to the part per TRILLION levels. You know how the federal government loves that word TRILLION. So, yes, there are surely examples where someone is getting away with something. But by and large the waters are getting cleaner. That said, it is important that we, as sportsmen, stay vigilant.
Bella, I like your contributions, but it amazes me how, in your opinion, only conservatives ever tread on the constitution or are in the pockets of big industry. Those liberal politicians just get in office on good will and pixie dust I guess. Once in office their only goal is to get back to stern interpretation of the Constitution. CHILD, PLEASE!!
This week the NY Dept of Environmental Conservation released its Bald Eagle Status report for 2009. 173 pairs of eagles now nesting in NY. That would be up from extinct, or 0 in 1975. In 1975 the DEC did a study to determine the number of pairs estimated to have bred in the state historically and came up with a figure of 72 pairs. If Bald Eagle numbers have gone from 0 to 173 pairs, and these are hard numbers not theoretical numbers, what is Chad Love talking about? What is the NY Times talking about? We have proved beyond a shadow of doubt that Bald Eagles are susceptible to chemical contamination. If Eagle numbers are up, then water quality must be up also. Get real people. Take some credit for the job of cleaning up North America. We don't need new laws, new restrictions on our freedom.
Labrador12
Bald eagles were particularly susceptible to a commonly used pesticide, DDT, which was banned.
That's why eagle numbers are up and it is a good example of how some simple federal regulation can make a big difference for wildlife.
The CWRA is not a restriction on anyone's freedom. There is no inherent right to pollute spelled out in the constitution.
In fact, I would argue that not protecting our water and wildlife is an infringement on my rights to clean water and huntable wildlife populations.
GregMc
DDT wasn't introduced into the environment until the post WWII period. The NY DEC did a study of historical Bald Eagle nesting in NY in 1975. The study found a total of 72 nesting pairs. Today's population is over 100 pairs higher than the pre DDT population. Try again.
Current regulations are doing a fine job. We are being regulated into non competitiveness. If a man can't get a job he may have to find out if Bald Eagles taste like chicken.
DDT was first used as a pesticide in the 1930s and was widely used before the end of the war.
It was banned in 1972 and its effects were felt for years after it was banned. A survey showing 72 nesting pairs in 1975 and 170 more recently would be perfectly in line with diminishing impacts of DDT.
DDT was discovered in the 1930s. It wasn't widely used until after WWII. Water quality by the 1950s was inconceivably bad compared to today. Water in rivers such as the Oswego was opaque, with raw sewage flowing into it continuously along it's length. I grew up there and then. DDT foggers were used in every town from the beginning of black fly season all summer long. It wasn't just the DDT, deldrin, lindane etc ban that is responsible for the tremendous numbers of Eagles and Ospreys that we have today.
You misread the post. In 1975 Bald Eagles were extinct in NY. By 1975 Bald Eagles were extinct east of the Mississippi River and south of the Canadian border. The recovery is unprecedented.
Post a Comment
"admittedly biased NY Times"
Really, could you point to where in the NY Times mission statement or manifesto they proclaim this "admitted bias" you say they have?
Most of the quotes come straight from EPA officials and regulators. Are they "liberal" too? Why the hell is water pollution even being couched in "liberal" versus "conservative" terms? Isn't it more of a "common sense" versus "morons" issue?
And if the states aren't doing their jobs (which they clearly aren't), then what? State environmental regulatory agencies have a long history of doing jack, and it's easy to huff and puff about "holding states accountable" but that doesn't really solve the problem, does it?
The idea that the states can monitor and enforce any sort of environmental laws is laughable. YooperJack is right, the intent may be there, but virtually no state currently has the ability to even enforce the compliance of existing statutes. Nation-wide budgets are a mess and one of the first departments to feel cuts are natural resource management agencies.
Furthermore, resources such as water and air don't abide by political boundaries, one state doesn't have the right to degrade the resources of an adjoining state just because they dislike regulation and the federal government "infringing" upon their state's rights.
The constant knee-jerk reaction to any sort of safeguarding of resources is truly a sign of the sad state of affairs that our public process has become. The CWRA is needed to close the gaping loopholes created by a short-sighted court ruling.
Water is far and away the most precious resource our nation possesses, creating long term problems for a few short term economic gains is not a legacy we should be passing along to our children and grandchildren.
Funny this should boil down to a debate about politics and the NYT for so many here.
Meanwhile, the real issue gets ignored.
CWRA is exactly that, a restoration of water protections signed into law under Richard Nixon and eroded over the past couple of years.
Calling this a state's issue is a cop out that doesn't address the actual problem. It also ignores the fact that water travels between, across and to other states.
I don't fear the EPA, especially considering that they have done a great job since 1972 in stopping and reversing some serious pollution without "storm troopers" or constitution altering powers.
I do, however, fear the corporations that are motivated by nothing but profit and would think nothing of destroying a trout stream or waterfowl nesting area to save their shareholders a dime. Their track record is less than stellar.
Frankly, I'm sick and tired of watching sportsmen argue among ourselves while politicians and special interest groups weaken or overturn the laws that previous generations of sportsmen worked to pass.
It seems like the only thing some of you guys can agree on is that the liberals want your guns. Meanwhile, you stand idly by while the laws that protect our water, wildlife and public lands are winnowed into no protection at all.
I don't give a damn about your opinion of the NYT, Glenn Beck, CNN, Democrats, Republicans or Al Gore either. I do care about reasonable protections for the places I hunt and fish and you should too.
If we don't pass the CWRA, our water resources - and by association our wildlife - will be less safe. I want my boys to look back at what my generation did for sportsmen and be proud. The way things are going at the moment, I'm afraid they will faced with the task of fixing our problems.
Let's stop the fear mongering and do something worthwhile for our children. Maybe if we get our act together soon, there will still be healthy populations of fish and wildlife for our grandchildren.
Pjourn
So much for corporations, companies, individuals, and municipalities doing the right thing for the greater good. I'd say most of it is related to money. Cheaper to pay lawyers and lobbyists than to identify and correct the problems and answer to shareholders and taxpayers. Problem is that the problems don't go away. It just gets worse. Unfortunately, much of the effects of pollution that has occurred or is occurring is unknown until remediation is too late or too much cost to fathom. This is way beyond shameful.
I was involved with auto industry emissions many years ago, but what really opened my eyes was a situation near a favorite trout stream. A company, long out of business, released toxic chemicals into their property, seemingly far from the watershed. High levels of these substances leeched underground and have migrated toward the stream. Water supplies for locals have been affected. The costs and activities required to remediate the current issues and prevent the toxins from reaching the stream are extraordinary. If it was only taken care of in the first place.
And the municipalities that still dump untreated wastes into waterways. Are taxpayers willing to take on the burden to fix their water treatment systems?
Sometimes regulation is necessary and prudent.
The court decision took the teeth from the CWA. By limiting it too navigable waters you stop the EPA from enforcing laws where the majority of pollution happens. Think coal mines in WV. The court ruling allowed them to begin doing what they wanted in many headwaters. Pig farms rarely dump directly into major river its small ditch creeks. I hate the current political climate because I don't want government control directly over me(i.e. gun control), but I do want them to keep running things like the EPA with strong policy. All of our politicians are scared to have centrist views lest they be painted an obstructionist or a communist depending on the current argument. I know the EPA can be painted as evil big government but would you rather have drinkable water and a trout stream or a stream that can only support carp and is no longer potable because of heavy metals. That said it does not mean we should not allow the private sector to brainwash into believing they will all go out of business if environmental legislation is passed. The majority of the private business sector is out for the bottom dollar not the environment that supports the animals that support our recreation.
When air pollution is so bad that newscasts warn children and old people to stay indoors and limit their activities, and announce that the water is unsafe to swim in today or drink ever. and the DNR posts safe limits on the amount of fish (contaminated fish) that you can eat, we are way past states rights.
The states aren't doing it. And if the states allow practices that endanger their citizens well being I think its incumbent on the federal government to take over.
And in the mean time raise hell yourself every time you see someone polluting, call the cops or the local government or the local EPA.
And if none of that works, go subversive, just don't get caught!
But stop them!
It would all be for the GREATER good of the people.Once water leaves the control of an individual it becomes a resource to all others.We are made of water and require it to live and the life around us requires it too.When that individual alters ,reduces or degrades that resource,they have damaged it and have imposed a loss against all of us.For that we need properly worded regulations that can be enforced to protect all surface water.With any short period of drought any creek or marsh will run dry replenishing the local aquafer,and with it any possible toxin.
We have corporations,farm bureaus,manufacturers and the like who hire their lobbyist to separate the bottom line from the problem.At the first sign of a contaminate in the water ,the offender will just say prove it's from here ,that creek is dry and we don't keep account of what we dump.In the end taxpayers pay dearly for something our forefathers took for granted and our courts choose to commercialize. Our responsiblities are greater than the bottom line even if you only see water from the zooplankton on up.
"Isn't it more of a "common sense" versus "morons" issue?"
Yes, of course it is, but it just has to become "Stupid liberals and their clean water", doesn't it? Typical. Looking out for the future of our resources? That's for liberals. Screw that.
It also figures that Al Gore, the most irrelevant guy ever, somehow manages to come up in this conversation. He's the posterboy for stupid liberals and their stupid environment.
Dad said, we use to bury it, now we mix it with our drinking water!
The EPA did its job in the beginning with the CWA.They imposed large fines that went to clean up what it could.The states on the other hand created there own EPAs to put a buereaucracy in between the fed and the offender.That way they can collect the fines and minumize the impact on the bottom line of there local industry.Once the fed writes out the loopholes,the states will have to follow.If only to keep those fines collected to stay local.
Creosote,
The NY Times editors have said that they are liberal. CNN says that they (CNN) try to present a moderate, common-ground news source, while the NY Times doesn't even attempt to reach that standard. I'm not saying that I agree with CNN on everything either, but I am saying that I'm much more likely to listen to what they have to say than to what a self-proclaimed liberal news source says.
As for the EPA, allow me to remind you that they are politicians also. They want more power and a bigger budget, just like everyone else. I'm all for common sense, particularly the kind of common sense that dictates looking at a problem carefully and from all angles before making any large-scale decisions. The EPA doesn't exactly have a perfect record, either.
"Then what?" Well, I'd like to see a comprehensive strategy to at least TRY and get them to do their job (starting with audits) before we do such a large-scale reform such as the CWRA, which would remove the "navigable" phrase from the CWA and effectively give the EPA jurisdiction over all water in the US. We need to look at the long-term consequences, people, not just what's happening right now.
And, for the record, I haven't listened to Glenn Beck or Rush Limbaugh for at least the past 6 months, so don't even try to paint me as a radical. I'm not.
Dukkllr makes a good point. The NYTimes has a long history of crying wolf. (So does Al Gore). The problem here is that they could be right. Unfortunately, anything they say will probably be ignored. Also unfortunate is that there is a real problem in several states. These states, and municipalities, involved either won't, or can't address the problems because of both desire and money problems.
However, just because the federal courts will not enforce CWA on local waters doesn't mean that the federal government can't spend money to correct these problems with block grants, or maybe stimulus money. I hear there's a few bucks left.
A commercial from the 1970's worth another look:
http://www.youtube.com/watch?v=_R-FZsysQNw
robert ewing already spelled it out, the states must enforce the minimal standards of any law, period. unless they set a standard that supercedes it. the court watered down the clean water act, and handed it back to the EPA in a sieve. now it is time to set a new standard, the clean water restoration act. it is pretty basic, a little like trickle down economics. sorry for the puns.
I meant to say "deals every day with state regulations concerning water pollution". We're a stormwater management company, hence the experience with pollution requirements.
“This country is a one-party country. Half of it is called Republican and half is called Democrat. It doesn't make any difference. All the really good ideas belong to the Libertarians.”
-Hugh Downs, 1997 (not really true, but the point is worth hearing)
Look, shane, I'm not against the CWA. I think it worked pretty well, and I think most people here would agree with me. However, it was never intended to give the EPA blanket control over all the water resources in the US, which, the last time I checked, is exactly what the CWRA would do. There are much better ways to deal with our current problem than by doing that.
Al Gore popped up because he's a knee-jerk liberal, and the CWRA is a knee-jerk response. No mystery there.
Well put Sage Sam
Thanks for this post. The Clean Water Act debacle is near and dear to many of us here in WV, where the CWA is basically totally unenforced. Every day I wake up and think "maybe today is the day the CWRA gets introduced and passed." short sightedness at it's worst.
yrs-
Evan!
Leave it to an activist "conservative" court to gut the clean water act. Freikin' "con" judges likely never taste water anyway (leastwise not without same bourbon to "make it safe"). Roberts, Scolia and Thomas are bought and paid for by the same corporate interests that trashed the economy. Acting to preserve their corporate masters profit margin is about what I expect from the twits who appointed Dubya. I want them all to hurry up, get sick and die so the rest of us can get on with living. Poop on "cons" who don't conserve nuthin'!
vtbluegrass said it the best!!! +1
You would have to go back and read the story to understand that the court ruling narrowed the focus of the CWA,broadened the possible loopholes and in turn watered it down from its previous intepretation.
Please note that water seeks its own level and runs down hill.When it collects it forms a larger body that is considered a navigable body of water.Previously if small shallow creek was connected to the waterway it fell under CWA.Now it can be argued that its not a navigable waterway and there for no need to control run off from the property or account for any spillage on same.
It is true CWA is hard to enforce,it is even harder now that the court opened up more possible ways out.
With a "Clean Water Restoration Act" in place from Congress ,the standards will be there to enforce.This allows everyone to be responsible.You or any other will be able to speak up with the backing of these standards.
I don't see that the states would be left out of this process in anyway,if they see a need to take furthur action to protect there local watershed or underlying aquafer. It would be irresponsible to turn back the clock and allow the degradation of our water resources.It would greatly tax the locals of any state.
Currently in PA ,the court is hearing a case the involves a cancer cluster,a leaking retention pond,poor run off control and a chemical plumme near the local well.Company memos from 1978 state that the state EPA was informed of the leak,years later they say the state never told them to fix the leak.
If a retention pond is built to control run off water before it can be treated or rendered safe.Why should you need to be told to fix it?Is that a example of taking responsiblity?
I'm reminded that the company built that pond in response to the CWA,because of a what would at best be called a creek that trickles behind the plant.That creek runs 3-4 miles south past the well[200 feet] and into a publicly accessed lake.Under the current ruling would they need the pond or could they get by with containment around their storage tank and a triple basin for there indoor transfer area.
While I totally agree with you on pollution, the Constitution, which we should all cherish, leaves certain rights and responsibilities to the states. In this circumstance, this is unfortunate. However, local water pollution is a local problem and must be addressed as such. Fortunately I live in Michigan. We have very strong laws concerning water quality. I would urge my buds in other states to strengthen their laws to address these problems. Our future recreation will depend on it. I don't think you will see any federal expansion in this area with the present Supreme Court. Frankly, I don't want this to change. I like this court.
My personal desire would be to see an official audit of the states finances regarding environmental responsibilities. The company I work for deals every day with state regulations (or lack thereof), and I can say firsthand that one of the largest problems is misallocation of funds by the state government. Politicians are all about getting re-elected, and to accomplish this they have to keep the public happy, which means spending the state's money on highly visible projects instead of what really needs to be done. We need them to just do their job.
Congress never gave the CWA teeth to begin with--they put the term "navigable waters" in the law. The Court only construed it to cover its plain meaning. I am not saying I like dirty water, or rivers that catch fire (Cleveland or somewhere, I think), but if we want the feds to regulate all waters, we have to amend (or ignore) the constitution. Plus, what I read of the proposed language of the CWA fix doesn't clarify the situation, but merely extends the power of the EPA to regulate all waters consistent with the powers granted by the constitution. That circular definition gets us right back to square one--i.e, what waters can Congress legally regulate? Separation of power is a good thing. It may be less efficient, but it tends to discourage tyranny.
So amend the Constitution or let the EPA bully the states into doing what they're supposed to be doing, but don't freak out and cede all water control to the government! I don't understand why it's so politically incorrect to make careful decisions that have been thoroughly thought out anymore. Don't overcorrect the problem here. Fix the state issue, and everything else will fall into line. If the states are endangering the citizens, then it's the citizens' job to vote out those in power and vote in people who will do what they are supposed to do. The FedGov isn't the solution to all of our problems: sometimes we need to take responsibility for ourselves.
The Court did not water down the CWA in any way, shape, or form. The CWA says "navigable waters", and the Court said that "navigable waters" means "navigable waters".
The CWA is hard enough to enforce as it is, even for the EPA, and there is no earthly way the EPA would be able to come close to enforcing it if they were in charge of all US waters. They can't do it. We need to act responsibly here instead of taking the lazy, blame-shifting way out and saying "You know what, this is the government's job, not mine." You can't give up on the states; it is our responsibility as US citizens to make sure that our respective states are doing their job, and we've dropped the ball. It's our fault, really.
Labrador12
Bald eagles were particularly susceptible to a commonly used pesticide, DDT, which was banned.
That's why eagle numbers are up and it is a good example of how some simple federal regulation can make a big difference for wildlife.
The CWRA is not a restriction on anyone's freedom. There is no inherent right to pollute spelled out in the constitution.
In fact, I would argue that not protecting our water and wildlife is an infringement on my rights to clean water and huntable wildlife populations.
GregMc
DDT wasn't introduced into the environment until the post WWII period. The NY DEC did a study of historical Bald Eagle nesting in NY in 1975. The study found a total of 72 nesting pairs. Today's population is over 100 pairs higher than the pre DDT population. Try again.
Current regulations are doing a fine job. We are being regulated into non competitiveness. If a man can't get a job he may have to find out if Bald Eagles taste like chicken.
DDT was first used as a pesticide in the 1930s and was widely used before the end of the war.
It was banned in 1972 and its effects were felt for years after it was banned. A survey showing 72 nesting pairs in 1975 and 170 more recently would be perfectly in line with diminishing impacts of DDT.
DDT was discovered in the 1930s. It wasn't widely used until after WWII. Water quality by the 1950s was inconceivably bad compared to today. Water in rivers such as the Oswego was opaque, with raw sewage flowing into it continuously along it's length. I grew up there and then. DDT foggers were used in every town from the beginning of black fly season all summer long. It wasn't just the DDT, deldrin, lindane etc ban that is responsible for the tremendous numbers of Eagles and Ospreys that we have today.
You misread the post. In 1975 Bald Eagles were extinct in NY. By 1975 Bald Eagles were extinct east of the Mississippi River and south of the Canadian border. The recovery is unprecedented.
I'm with YooperJack. If the states aren't doing their job, that doesn't mean that the Federal Government has a green light to jump in and take everything over. The CWRA is anything but a perfect bill as it is. The states have a responsibility, and we should be working on getting them to fulfill that responsibility, not just saying "OK, times up! We'll take over from here!" The Constitution put the states in charge.
Also, couldn't help but notice that your source was the struggling, admittedly biased NY Times. Would it be possible to get a less-liberal leaning news report? Such as CNN or Foxnews?
I take anything that's written in the NY Times with a grain of salt. The majority of their readers are urban folks who snort way too much concrete dust. If you don't spend time in the field it is easy to have the wool pulled over your eyes. I drive from upstate NY to Ak quite often and the North America I drive through today is immeasurably cleaner than the 1970 North America. You can read water quality statistics or you can count Bald Eagles and Ospreys, they both tell you that the water is cleaner than it has been since before the Civil War and getting cleaner. I'm sure that their are law breakers out there, but in general things are way better than they have been. I am against giving the Government access to more and more control over our lives. I haven't noticed the NY Times calling for it to be illegal to show Algore's movie to children in our schools on the taxpayers dime. Have you??
Is it a surprise that the NY Times published Algore's latest Global Warming rant on Sunday? It is amazing to me that the Times can write articles on the problem beavers are in many parts of the country on the one hand, and then write about the water being too toxic for anything to live in on the other. Where was Chad Love on the piece about PCBs in the Hudson. The EPA is trying to dredge them from the Hudson River but the PCBs released because of the dredging is over 35 times what was expected. Nice work on that call EPA. That will help the Striped Bass, the Bald Eagles, Osprey, Peregrines and the whole estuary. Sometimes the remedial action is way more harmful than doing nothing, not to mention hundreds of millions of dollars cheaper. I read the Times just about every day. In the main, they are snorting concrete.
The fact that water conservation is important does not give the federal gov't the right to regulate it. Under our federalist system of gov't, the federal gov't is SUPPOSED to have limited, enumerated powers, with the majority of powers reserved to the people and the states. The fact that the term "navigable waters," the term Congress used when it wrote the CWA, clearly does not cover all bodies of water in the country is neither a conservative nor a liberal problem. The issue is that under our current constitution, Congress may not legislatively control everything. If you want Congress to have general police powers to control all waters, navigable and otherwise, amend the constitution. If you think the Commerce clause already gives Congress this right already then the 10th amendment means nothing.
So, maybe we should work on ENFORCING the CWA instead of re-writing it! Radical, I know, but I usually prefer to just change flat tires instead of buying a whole new car. If the CWA isn't being enforced properly (per Evan), then the EPA has a fair share of responsibility for that. I just think we need to focus on finishing the job we started before rewriting the entire system.
I make my living in the water treatment industry. Don't believe everything you read. Reading this would make you think everyone is just dumping drums of whatever out the back door of every chemical plant and refinery. Not even remotely close. As a matter of fact, the limits on NPDES permits continue to go lower and lower, many now regulated to the part per TRILLION levels. You know how the federal government loves that word TRILLION. So, yes, there are surely examples where someone is getting away with something. But by and large the waters are getting cleaner. That said, it is important that we, as sportsmen, stay vigilant.
Bella, I like your contributions, but it amazes me how, in your opinion, only conservatives ever tread on the constitution or are in the pockets of big industry. Those liberal politicians just get in office on good will and pixie dust I guess. Once in office their only goal is to get back to stern interpretation of the Constitution. CHILD, PLEASE!!
This week the NY Dept of Environmental Conservation released its Bald Eagle Status report for 2009. 173 pairs of eagles now nesting in NY. That would be up from extinct, or 0 in 1975. In 1975 the DEC did a study to determine the number of pairs estimated to have bred in the state historically and came up with a figure of 72 pairs. If Bald Eagle numbers have gone from 0 to 173 pairs, and these are hard numbers not theoretical numbers, what is Chad Love talking about? What is the NY Times talking about? We have proved beyond a shadow of doubt that Bald Eagles are susceptible to chemical contamination. If Eagle numbers are up, then water quality must be up also. Get real people. Take some credit for the job of cleaning up North America. We don't need new laws, new restrictions on our freedom.
Funny, I was fishing in the 70s and don't recall any rivers catching fire. If you bothered to look at a cost / benefit analysis of The various Clean Air Acts you would find they are some of the worst bills ever passed (cost to life saved). Basically, we would save @ 1000 times more people investing in prenatal care, better vaccines,etc. But who am I to disagree with the New York Times.
Post a Comment