San Francisco sues the EPA – Oral Arguments

The EPA is known for huge fines and micromanaging anything they can. We all want clean air and water, but we still want to drive our cars and flush our toilets as well. San Francisco sued, claiming the permit they received from the EPA was not specific enough for them to be held accountable for violating it.

Congress have the Constitutional authority to tell the EPA to enforce state water quality standards? I cannot find anywhere in the Constitution where the United States has delegated the authority to enforce water quality standards or, for that matter, any environmental standards.

Why did San Francisco question the statutory power of the EPA when most of their complaint seems to be that their permitting regulations are arbitrary and capricious?

I started my analysis thinking that San Francisco was right. After listening to oral arguments, I think the entire process is a giant pile of effluence. As far as the justices’ questions, I’m reminded of when Jesus confronted the Pharisees and stated they “strain out a gnat and swallow a camel!”

How California handles its water quality is their business. Placing a federal agency in the middle does nothing but add more bureaucracy to an already bureaucratic nightmare. Maybe that’s why the framers limited Congress to only making laws necessary and proper for executing the powers vested by the Constitution in the government of the United States.

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