50PoundHead
Hessmania Forever
1) It's either that or the EPA. If you think federal law is better than you choose EPA. Some think lawsuits are a better way to deal with the problem due to EPA abuse and economic reasons as well. It's not like the problem of prevention goes away just because you make lawsuits less necessary and instead invoke federal rules. And even with federal involvement the need for lawsuits don't just go away. Of course the system of lawsuits are abused as well, so maybe this is a good question for sturg to answer since he's the most vocal board libertarian. Why support lawsuits over federal rules when the power of lawsuit is abused as well.
2) Is this really a problem though? I mean do humans need perfect air and water? So long as it doesn't cause bodily harm then I think that's a fair enough standard.
3) That's true, but it works both ways. Sometimes the court will be in my favor, but sometimes it will be in your favor. It's not a perfect system. Nobody has come up with a perfect system.
2)
(1) I think the problem with simple contract law governing things is that it concentrates almost solely on the private elements of contract without considering the social contract as a whole. An unminded network of private contracts could easily lead to oligopolies and monopolies, which inherently undermine free enterprise.
(2) I suppose that depends on which side of the river upon which two states border you live on. If the state on one side of the river decides to have lax standards, the people on the other side are forced to live with the consequences of that decision. I think there can be legitimate gripes against the EPA, but in the absence of a federal authority to set minimum standards and mediate disputes that arise between states, the system becomes "beggar thy neighbor" writ large. Lawsuits against a state would have to go to federal court, because a state wouldn't have standing in another state's courts. In the absence of some national standards, no state would have a peg to hang a case upon.
(3) We agree here, but the goal should be to keep things out of the judicial system.