Custom Writing Service- Variances under the Clean Water Act
Variances under the Clean Water Act
The EPA may allow companies that comply with the Clean Water Act to mitigate the adverse economic effects of pollution-emission-tolerance levels by granting a variance permitting the companies to comply with a looser standard.
In Chemical Manufacturers Association v. Natural Resources Defense Council, 470 U.S. 116 (1985), the Supreme Court analyzed the practice of the EPA allowing fundamentally different factor variances and found that this practice would not interfere with the Clean Water Act. The Court said the EPA should be allowed to do the fine-tuning on the Act. Some environmentalists opposed this decision, stating that it “deconstructed” the Clean Water Act.
Based on the above information, answer the following questions:
What do you understand by the term “deconstructed” in this context?
Analyze whether you agree with the Court on fine-tuning the Act.
Debate the issue, providing examples and rationales to support your opinion.