EPA rulings on Non-point

Todd M. Bolton tmbolton at erols.com
Thu Dec 30 22:24:07 EST 1999



"D. Staples" wrote:

> Hmmm, the 10th Amendment reads that the powers not specifically given and those
> specifically denied to the Feds fall back to state and/or people.  The Feds
> cannot take a Jurisdiction unless under one assigned by the Constitution.
> Interstate commerce has been the one area where the feds have used the law to
> get into virtually every phase of state and people business.  The intent was
> that the Constitution assigned specific authorites to the Feds, and reserved
> everything else to the State and People.
>
> While not a Constitutional scholar, nor have I played one on television, the EPA
> and other federal agencies have taken advantage and assumed jurisdiction, and
> the states let them.  Big difference over constitutional authority.
>
> Ron Wenrich wrote:
>
> > > This is a state issue.
> > >
> > I think the Consitution states that any jurisdiction the Feds don't take,
> > then goes back to the states.  E

I am not a constitutional scolar either.  However, I am aware that things have
changed a bit in the last couple hundred years.

I am curious as to how, if it is a state issue, I reslove a conflict from here in VA
with a polluter in NY.  Say there are 300 factory hog farms across the Chenango
River from 300 chicken farms.  They all dispose of their manure by spreading it on
fields along the river.  This produces excess nutrient loading leading to a
degradation of the river all the way down to the Chesepeake Bay 350 miles and 4
states south.

Do I sue the state of NY for having ineffective polution controls?
Do I sue all 600 farmers for polluting my water source?
Does Virginia try to reach an agreement with the state of NY that will reduce the
income base of the stae by 1,000 jobs and take at least $4,000,000 out of the gross
state product?
Does VA sue NY?

Any suggestions of someone or some agency better prepared to handle this kind of
problem than the EPA?





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