One of the most effective environmental regulations that wasn't a command and control item was something called the Toxic Release Inventory (TRI) Program. Here's EPA's description:
The Toxics Release Inventory (TRI) is a publicly available EPA database that contains information on toxic chemical releases and other waste management activities reported annually by certain covered industry groups as well as federal facilities. This inventory was established under the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and expanded by the Pollution Prevention Act of 1990.
That pretty much says it. It's a Right to Know law. And it has been a powerful tool for local communities to pressure industries in their midsts that spew out toxic materials to get their act together. I guess the Bush administration isn't that keen on the right of its citizens to know, however (are you surprised?).
How much pollution can industry release into the environment without telling local residents? The US Environmental Protection Agency relaxed the law last year, but looks likely to toughen it up again after a high-profile lawsuit was filed in protest last week.
Until recently, US companies had to declare emissions of 230 kilograms or more per year, but last December the EPA increased this threshold tenfold. (New Scientist)
So the EPA is being sued by twelve states and Congress is considering getting in the act. A GAO report estimated that cost savings to industry of the new rule is only about $900 per year, far less no doubt than they have spent lobbying to get it put in place.
Everyone is guessing EPA will reverse themselves on this piece of stupidity. Opposing a citizen's Right to Know about toxic materials in their community is not exactly a political winner.
I expect to hear any minute, though, that we can't let terrorists know what toxic materials are being intentionally released into our communities just in case they might get the idea of intentionally releasing those materials into our communities.
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The whole idea that the federal government will tell me something just because I have a legal right to know it is starting to seem quaintly unfamiliar to me. It's even more alien that the federal government would fight for me to get information to which I'm entitled solely because keeping me ignorant is harmful.
That makes me very, very sad for the fate of my country.