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Tuesday, April 12, 2005

Ind. Law - Still more on proposed "no more stringent" law

The Evansville Courier& Press has an editorial today on SB 298, asking "Why Tie Our Own Hands?" Some quotes:

One of the more compelling environmental debates in Indiana involves mercury pollution and the question of whether the Hoosier State should have its own rules, more strict than those of the federal government. * * *

it could be that after an airing of the issue, Hoosiers might decide they need to do more - and do it sooner - than federal rules require for dealing with mercury pollution. But if a legislative proposal added to an Indiana Senate bill becomes law this year, Indiana would surrender whatever power it has now to impose rules stricter than the federal government's.

Sen. Beverly Gard, chairwoman of the Senate Energy and Environmental Affairs Committee, called it "absolutely horrible public policy" * * *. She nailed it.

The provision, contained in Senate Bill 298, would prohibit state agencies from enacting environmental rules tougher than federal standards. Supporters say it is needed to prevent excessive industrial regulations that could hamper economic development, reports the AP.

But as Gard, R-Indianapolis, said, Indiana does not often do things that are more strict than federal law. In our view, it is critically important that Indiana hold on to the power to impose stricter standards, should they be needed. Why on earth would the state tie its own hands voluntarily?

Earlier, supporters of the provision appear to have steered it away from Gard's committee, the usual venue for discussion of environmental legislation. That should tell Hoosiers something about what is going on.

It is now in conference committee and should not be allowed out.

See this April 10th ILB entry for more information.

Posted by Marcia Oddi on April 12, 2005 06:14 AM
Posted to Administrative Law | Environment | Indiana Law