12-07-2012, 04:41 PM
This is getting interesting. I think I will go ahead and get my license here and standby.
I also think I will do some research into Federal law and the Clean Water Act, an area completely unfamiliar to me. It does look like this is a territorial sea, and thus perhaps subject to the the Section 301 effluent limitations. Retroactively? Not sure. Perhaps the Feds could trump here and if this is of interest to them and it could be made of interest by an outside group bringing a writ of mandate, compelling compliance with a law, to the extent a given law applies here.. That might be the way. In which case, remedying the problem before that happens could be the cheaper alternative. And upgrading an effluent system might seem like a bargain. Still, I see a sleeper argument with respect to a taking. Retroactivity could be the key. I recall that cleaning up Superfund sites was made retroactive (if you made a mess before passage of the law, you still have to clean it up). Don't know about this. Google would probably solve in this two seconds, but, you know I am baking bread......
I also think I will do some research into Federal law and the Clean Water Act, an area completely unfamiliar to me. It does look like this is a territorial sea, and thus perhaps subject to the the Section 301 effluent limitations. Retroactively? Not sure. Perhaps the Feds could trump here and if this is of interest to them and it could be made of interest by an outside group bringing a writ of mandate, compelling compliance with a law, to the extent a given law applies here.. That might be the way. In which case, remedying the problem before that happens could be the cheaper alternative. And upgrading an effluent system might seem like a bargain. Still, I see a sleeper argument with respect to a taking. Retroactivity could be the key. I recall that cleaning up Superfund sites was made retroactive (if you made a mess before passage of the law, you still have to clean it up). Don't know about this. Google would probably solve in this two seconds, but, you know I am baking bread......