Febraury 3, 2017
By Jennifer Chambers
...In his opinion, (click here) O’Meara wrote that allowing Mays’ claims would be “inconsistent with Congress’ carefully tailored scheme” to “entrust the regulation of the public drinking water systems to an expert regulatory agency rather than the courts.”...
It needs to be appealed. Expert regulatory agency was no intact when Governor Snyder took the liberty of simply diverting waters from the Flint River to the Flint water supply. Additionally, the statue itself states "...of an administrator..." in the singular. I think the judgement is very flawed.
§ 300f. Definitions (click here)
For purposes of this subchapter:
(1) The term ‘‘primary drinking water regulation’’means a regulation which—
(A) applies to public water systems;
(B) specifies contaminants which, in the judgment of the Administrator, may have any adverse effect on the health of persons;
The words "...in the judgement of the Administrator" continues to appear in paragraphs following the first.
(ii) if, in the judgment of the Administrator, it is not economically or technologically feasible to so ascertain the level of such contaminant, each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 300g–1 of this title; and
To begin with (ii) above places human health secondary to the cost of clean and safe water. That paragraph does not allow for health so much as affordable clear water whether it is safe or not! That paragraph is a human rights abuse.
(D) contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including accepted methods for quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of
the system, and requirements as to (i) the minimum quality of water which may be taken into the system and (ii) siting for new facilities for public water systems.
I don't know much about the decisions of this judge, but, in this case it is very flawed. This section of the statute clearly states an administrator (which in his case is the Emergency Manager assigned by Snyder) must do the best that can be done economically, HOWEVER, the most contamination allowed is that or the MAXIMUM contaminant level.
US EPA on Lead (click here)
In the case of lead it is ZERO (click here).
There is something every wrong here.