The Government Can't Show Regulatory Restraint (Again)

"Have fun at the party, be home by 10!"
"But mom, you said I could stay out until Midnight!"
"I changed my mind, deal with it!"
-Conversation between me and my mom, circa 1998.

Federal agencies wield tremendous power. That is why it is considered important that Federal rule-making procedures are important t o allow the federal government to hold these agencies accountable to the public. The way they decide to interpret and enforce federal law through rules and regulations has significant ramifications for the affected parties, whether individuals, business owners or state and local governments. These federal rules have the effect of law, but those who develop them are not elected. The only way average citizens can impact the process is through the federal law, called the Administrative Procedure Act (APA), mandating that agencies solicit public comments before instituting a new rule.

In 2008, there where well documented letters from the Environmental Protection Agency (EPA) that areas called 'mixing zones' (area where unacceptable levels of pollutants where diluted to acceptable levels before being put back into a water system) were allowed with the proper over sight from either the state permitting party of the EPA itself as long as, ultimately, what was going back into rivers and streams followed regulations and were used with appropriate oversight. However, in 2011, the EPA took it upon itself to change course and ban this practice all together. Bypassing the process set our in the APA. The restrictions are expensive for city and county governments and, consequently, for local taxpayers.

Recently, The U.S. Court of Appeals for the 8th Circuit called foul and invalidated the EPA’s action on procedural grounds. The appeals court decided the agency changed its policy without public notice and without seeking public comment, as required by law. Now, the EPA says it will accept the slap on the wrist decision only in the 8th Circuit. It will not enforce the new rules in the states in the 8th Circuit. The agency will continue to enforce its guidance on waste-water treatment as if it were a formal rule, in violation of the Administrative Procedure Act, in the rest of the country.

This is a classic, almost cliche example of what people mean when they talk about a runaway bureaucracy in government. One has to hold on to their tin hats pretty hard to keep up with the amount of arm flapping I'm conveying here. They changed the rules without either an act of congress or even following their own set rules and procedures. They got caught, and now they are only correcting this error only in the place where they got caught, but proceed to do whatever they want everywhere else. These mixing zones are nasty places that the public and wildlife need to stay clear of, no one is disputing that, but sometimes that is the best way to prevent the by products of civilization from causing harm to a larger swath of area and made good economic sense at the time of their construction. If you need to change the rules, just like in any other part of government, you need to debate the issue and allow for public feedback, and allow time for the changes to take place.

These decisions have consequences, a waste water treatment facility upgrade could be a multi-million dollar investment for some areas when a mixing pool has done the intended job satisfactorily for years. Not to mention the whole 'unelected officials running our lives' argument. Don't let people tell you your coo-coo for complaining about runaway regulatory power. It's happened here, it's happened before, and it will continue to happen.

These rules are in place for good reason. These agencies are charged with regulating very far reaching and encompassing items like the environment, trade, and these rules are meant to keep the public involved and informed of major decision-making and hold agencies accountability for their actions. As Americans, we pride ourselves on setting and following the rule of law. An agency that flouts the law undermines public trust in government and erodes our strength as a country.