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Author Topic: Pollution  (Read 26323 times)

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April 24th, 2020 by Steve Hanley

US Aquifers. Credit: USGS


This is a huge deal. Until now, polluters have insulated their nefarious conduct from judicial review by claiming the law does not apply if pollution travels through groundwater. That fiction has now been dismissed by the Supreme Court. ... ...

Fun & Games In High Places

Who says lawyers don’t have a sense of humor? The arguments presented to the court included such amusing hypotheticals as whether whiskey added to punch from a flask could be said to be “from” the original bottle or, indeed, from a barrel in Scotland.

The judges themselves joined in the fun by debating among themselves whether a traveler could be said to have simultaneously come from the train station, Baltimore, and Europe, and whether a recipe calling for adding drippings from meat to gravy made sense when the drippings were collected from a pan. Such frivolity is seldom seen in the exalted halls of justice.

Justice Breyer, writing for the majority, chided both sides for taking extreme positions, apparently unaware that extreme positions are the norm these days outside the august halls of the Supreme Court. In his decision, he said the standard should be whether “the addition of the pollutants through groundwater is the functional equivalent of a direct discharge from the point source into navigable waters.” The decision will now create a whole new class of attorneys who spend their entire careers arguing over the meaning of the phrase “functional equivalent.”

Full article:

Are Hansen • 8 hours ago
Amazing that the rat hole of reactionaries currently constituting the US Supreme Court made a rational decision, Kavanaugh and all

Steve Hanley > Are Hansen • 5 hours ago
Yeah, that really is the big news about this decision.

agelbertSteve Hanley • 13 minutes ago • edited
I predict the rational actions of these reactionaries will turn to a complete reversal back to "profitable" irrationallity on the issue of Fracking wells presently polluting the aquifers all over the USA. As you are correctly predicting, the definition of "Functional Equivalent" will be subject to Orwellian Legalese mendacity.

Rob not the poor, because he is poor: neither oppress the afflicted in the gate:
For the Lord will plead their cause, and spoil the soul of those that spoiled them. Pr. 22:22-23


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