More EPA madness

Remember earlier this year when the President directed that all administrative agencies review their rules so as to strike an appropriate balance between the need for the regulation and the economic impact of the regulation?  It should come as no surprise that the EPA either didn’t get the memo, or assumed that the President’s directive did not apply to it.

One need look no further than New York City

Take the mandate governing Hillview, a 90-acre, 900-million gallon reservoir in Yonkers, north of the city.  The EPA wants the city to build a $1.6 billion-plus cover to prevent contamination by cryptosporidium, a water born pathogen that causes diarrhea. [emphasis supplied]

Since 2002, the city has spent $15 billion on an assortment of federally mandated water projects.  As a result, city water rates have increased 134% in the past 9 years, and, this project will only add more to that increase.

But, what about that cryptosporidium?  The EPA has estimated that adding a dome to the reservoir will prevent between 112,000 and 365,000 cases annually.  Using the higher number, that works out to a cost of about $4400 for each case prevented.  That might be sufficient in the minds of some to justify the regulation, but for one small fact.

The pathogen hasn’t been found in the reservoir despite years of tests and is barely present in the city, with about 100 confirmed cases of of illness each year due to the little critter. [emphasis supplied]

In other words, the EPA just made the figures up without any basis in reality.

New York City might be well advised to look at a decision released yesterday in Business Roundtable v. SEC.  There, the United States Circuit Court of Appeals for the District of Columbia Circuit blasted (and I’m being kind using that word) the SEC for basically making stuff up to justify a regulation.  The court held (at page 7) that,

…the SEC acted arbitrarily and capriciously for having failed adequately to assess the economic effects of a new rule…and, neglected to support its predictive judgments.

The same legal standard applies to the EPA.

But, as is its custom, the EPA has absolutely no desire to let the facts stand in the way of a darn good opinion.

 

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SoundOffSister

The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.

10 Comments

  1. Dimsdale on July 23, 2011 at 7:51 pm

    The cover is designed to prevent the, er, deposition of animal feces, which is the know carrier of Cryptosporidium.
    ?
    Clearly though, the only thing being crapped on is the rate payers of NYC…



  2. phil on July 24, 2011 at 8:18 am

    Would closing the EPA balance the budget?? I’m thinking it would.



  3. Plainvillian on July 24, 2011 at 2:34 pm

    It’s called mission creep.? Any agency must expand its mission to justify its existence and increased funding.
    If every law, every agency, and every regulation had a set date, not to exceed 10 years from inception, that required review and control, even by our dysfunctional Congress we would have the possibility of rational control of our bureaucracy.? If the Congressional review had to justify said laws, agencies, and regulations with Constitutional authority, we’d have a smaller, less intrusive, and more sensible government.? An added benefit is that if congresscritters had to review all the crappy laws passed by previous lawmakers, they’d have less time to enact new oppressions on us all.
    Do you suppose we’d also be more free, productive, and wealthy?? Doesn’t that sound a little like “Life, Liberty and the Pursuit of Happiness?”? Should we give it a try?



  4. Tim-in-Alabama on July 25, 2011 at 5:03 am

    I guess you’ll still be blasting the EPA when millions are sickened and thousands die because this cover wasn’t installed. Maybe Ryan or Boehner can prevent the disease somehow when they’re not busy causing the nation’s default. Signed, Timmy22.



  5. winnie888 on July 25, 2011 at 7:25 am

    This is absolutely ridiculous.? They’re basically talking about making a 1.6 billion+ dollar pool cover for a reservoir.? Are they unaware of evaporation??? Just this past week, the reservoir I kayak in lost 4″ due to the heat/humidity over 7 days.
    The stupidity is astounding considering that the incidence of illness from said critter doesn’t even justify a filtration system (oooh, maybe that’s next!).? EPA has reached their Peter Principle & needs to be cut off at the knees. ?



    • SoundOffSister on July 25, 2011 at 8:59 am

      Actually, Winnie, the EPA already mandated a filtration system.? Next year the City will complete a $1.6 billion “ultra-violet” plant to filter the water.? That, of course, is in addition to other filtration systems already in place.
      You can’t to too careful, you know.



  6. PatRiot on July 25, 2011 at 12:20 pm

    EPA – henchment for the legislators.
    More signs that the Feds are destroying this country and its Constitution.? Taking control by:
    A. Inflicting financial destruction and/or slavery?on towns and states.?
    B.? Pushing foolish?arbitrary regulations so as to distract towns and states.? All while?DC changes the laws to destroy town and state sovereignty.



  7. PatRiot on July 25, 2011 at 12:26 pm

    Do you think maybe that this is a “make work” project just to improve the unemployment numbers?
    And where is P.E.T.A. when the fish in the resevoir need someone to speak for them?



  8. NH-Jim on July 25, 2011 at 2:09 pm

    Once again, a supposed solution that is worse than the problem.
    1. How will rain/precipitation resupply the reservoir?
    2. A dome over a body of water will increase the temperature of the water and block the wind which is the main factor in adding oxygen to the water.? This oxygen aids in the aerobic decomposition.? A lack of oxygen promotes anaerobic decomposition which results in that rotten-egg sulfur odor.
    3. Higher temperature increases algae growth which uses up more oxygen thus killing aquatic wildlife (fish and plants) resulting in a “dead pond”.
    4. Lack of oxygen kills off bacteria which aid in the decomposition of contaminates such as run-off, animal fecal matter, etc.
    ?
    In short, leave Mother Nature to take care of it or use Chlorine.



    • SoundOffSister on July 25, 2011 at 6:31 pm

      Picky, picky, picky, NH-Jim.? Logic and reality have ceased to exist in the EPA.?
      You are letting the facts stand in the way of a darn good opinion.
      Shame on you.



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