Pollution does not respect state borders
First of all, it’s ridiculous posturing to say that every clean water regulation adopted by the EPA under the Clean Water Act exceeds the authority granted under the U.S. Constitution. Second, even if the regulations were unconstitutional, the method for rectifying that is going to a federal court and requesting that a judge strike down the law. The Tenth Amendment zealots might claim that they shouldn’t have to go to a federal court — states are co-equal sovereigns, after all. But that ignores the Supremacy Clause. States can’t unilaterally invalidate a federal statute.
The fiscal note reports that Indiana would lose $24.7 million annually. In this case, it should also probably estimate the cost of fighting and losing the inevitable lawsuits.
And all of this is ignoring the more substantive point that there is a good reason for environmental protection to be the subject of federal regulations. Pollution does not respect state lines. Bad environmental policy in the Midwest can cause acid rain in the Northeast. Federal regulation can help ensure that Indiana does not, for example, externalize the costs of producing energy — reducing its costs and dumping them (literally in some cases) on other states.
Quite depressing.
We aren’t even close to getting it right.
Well, hello there. Welcome to Texas.
Didn’t she swear to uphold the Constitution? Where does she get her legal advice? She is costing this state far too much money to represent our fiscally conservative voters.
Oops. Sorry to call Judy “her”. Didn’t mean to insult women and blame them for a shit show.
There’s also a “no more stringent than” bill out there that’s been revived for the umpteenth time – unfortunately it seems to have some traction.
I love the title of your piece, Doug!
It’s funny, like this guy knows anything about the intracicies of the 10th amendment. That’s an astounding piece of ALEC “model” legislation it appears.
I enjoyed his bio saying he wants to strengthen and improve their community in northeast Indiana. I would’ve assumed one way to improve their lives would to have less toxic materials float over from The Region and drop onto his district. Call me the Republican Party…er, I mean, call me crazy.