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Dissent Episode Six: The Clean Water Act Comes Under Attack

The Intercept Briefing

CHAPTER

The Cuyahoga River Is Suddenly Blaze Again

The court has this broad animus. These judges were selected for their adherence to a philosophy that these unelected bureaucrats and EPA have no business deciding how these things should be done. So there's a real hostility in this court to the idea that scientific judgment, expertise, and process outside the courtroom or Congress should be part of our nation's regulatory structure. That's profoundly one that leads you to a place where industries have more latitude and where protections get pulled back. It's always a one-way ratchet downwards when you have that kind of a view. And this isn't a great direction for the court to be taking it.

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