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Blocked.
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The EPA isn't- Chevron being overturned puts us firmly into the "you can set the water on fire" territory again with them.
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I mean they literally ruled the other day that you can set up smokestacks just over the state line and blast as much shit as you want.
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As soon as they read that decision I thought to myself, "thank god we live on the far east side of a downwind state where the wind splits its time coming from canada and the dakotas" Gonna be interesting when a fine layer of dust, arsenic, and lead coat everything east of WV. Oh well.
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Oh, that's not what you need to be scared of- the Clean Air Act isn't getting ripped apart by this. It's the water that'll be the killer.
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Sure, for now. But the door has been opened for everything. I don't think they said Clean Air Act good, Clean Water Act bad, right?
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I think the important things here are now "How does your federal circuit want to interpret the exact wording of the CWA?" All the stuff you cited is very clearly spelled out in CAA.