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And it was probably the right decision. The act says what it says. The way the EPA was stretching the definition thin - even patches of dry ground were being c
by legitster 3y ago
And it was probably the right decision.
The act says what it says. The way the EPA was stretching the definition thin - even patches of dry ground were being considered wetlands if they determined it was an important enough part of a watershed.
The agency largely got to choose their jurisdiction arbitrarily - and because their activities happened on a federal level, there was almost no political recourse if you thought you had been wronged by the agency.
If we want EPA to have the authority to protect aquifers, it would be better to focus on fixing the language of the bill. But I think even outside of our current political climate, not even many progressive politicians are too excited to hand the power back to a federal agency that largely only pestered their constituencies.
- calgarymicro 3y agoI highly recommend you read Kavanugh's opinion; he rather elegantly lays out how it was in fact the majority that was warping the definitions laid out in the statute and departing from the text. Someone else already posted a small excerpt: https://news.ycombinator.com/item?id=37324065 https://news.ycombinator.com/item?id=37324065
- legitster 3y agoLol. That was also me. Check the username. I think Kavanaugh's argument is pretty clear but that doesn't mean I am 100% bought in on it.