We do have, however, at least one minimum, non- negotiable condition that must be in any settlement where our signatures are wanted. But don't fear, it is a very simple condition. Obey the law. We hear all kinds of noise coming from business interests how government agencies give themselves all kinds of powers beyond the legislation that Congress or the General Assembly has passed. Unfortunately, these propaganda campaigns work all too well.
Politicians make hay by painting environmental agencies as out of control.
The agencies go way too far in the other direction, failing to uphold the environmental protection laws, and failing to uphold the public trust. Agencies have to be held accountable to the public, and that is a two-way street. Agencies don't have the discretion they often claim to have when it comes to minimum environmental protection. The federal regulation that implements the appropriate sections of the Clean Water Act was enacted in 1983, and states were supposed to have something at least as protective as the federal. But they failed to do anything about it, although other parts of the regulation required them to take action.