Conventional wisdom has it that the federal legislative process is broken and that, no matter how urgent the need the American people can no longer rely on the U.S. Congress to adopt legislation to promote the public interest. In the area of environmental protection, this characterization has some basis in reality. Congress has not updated key environmental legislation in decades. It has failed to do so despite significant changes in the nature of the problems posed by polluting activities, the scientific knowledge about the effects of pollution and available means of curtailing it and the enormous risks to public health that inaction will create. Congress has never passed a compre
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