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Comment by cfiggers

13 hours ago

In my opinion it is obvious and should be uncontroversial that some environmental regulations work and are great and should if anything be reinforced, while other environmental regulations do more harm than good and need to be reigned in or eliminated.

Turning "environmental regulation" into a unified bloc that must be either supported or opposed in totality is a manipulative political maneuver and it should be forcefully rejected.

Regulations are not people, and they don't have rights. It is fair and reasonable to demand that environmental regulation justify its existence with hard, scientifically verifiable data or else get chopped. Clearly, banning leaded gasoline has that kind of justification, and therefore I'm strongly in favor of maintaining that ban and extending it wherever it isn't in place yet. The same reasonable standard should be applied to other regulations across the board.

Almost every environmental regulation has come after it was already shown that there was some harm that needed to be mitigated.

The worst environmental crisis in human history is going largely unchecked. I find it hard to take seriously any argument that environmental regulation has gone too far as opposed to not nearly far enough.

If there's a specific regulation that can be shown to be doing more harm than good I'm cool with revisiting anything, but the common sense wisdom around environmental regulation has been corrupted by corporate public relations campaigns.

  • CEQA in California is very often used to block apartments in existing urban areas.

    So, instead, California continues to mostly build single family housing sprawl into natural habitats.

    A clear example of environmental regulation hurting the environment and the climate. And of course the affordability of housing.

    • CEQA itself is a mixed bag. I want to be clear that there are very important things the CEQA does to improve our environmental conditions[0]! The very real issue of CEQA being “weaponized”[1] stems from how environmental complaints have to be re-litigated in their entirety every time one is filed. Say there’s a coalition of neighbors who do not want something built. They can each file a lawsuit alleging environmental issues and each will have to be handled in isolation

      *I am not going into immense detail here. It is admittedly a bit more complex than this, but this is a reasonable summary

      [0] https://youtu.be/TKN7Cl6finE?si=CR4SjVK5_ojk-OKq [1] https://www.planningreport.com/2015/12/21/new-ceqa-study-rev...

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    • I don't know if its still true, but I recall reading once that CEQA had never been used to actually prevent or even slow the building of a dam or a mine or something. It had only ever been used to hobble otherwise neutral development. Its a good idea in theory, but I feel like the plaintiff ought to be able to articulate what environmental impact they are concerned about and maybe require a study from them in support of that claim too.

    • Thank you for mentioning this, it was the first thing I thought of in this conversation thread!

    • Government should be active and in charge of urban planning. It is a matter of the common good.

      One of the biggest problems today is that urban planning has basically evaporated. Local and state governments don't plan towns anymore. Things are left to developers who have no other concern than to run a street off a major road and plop a few houses down, sell, and move on to the next project. No thought is given to traffic or public services or walkability or public transportation. No care is given to integration with existing urban structures. Instead of mixed-use zoning or building houses around a common public space, which are historically the more common and sensible form of urban planning, we end up with car-dependent suburban dead zones, suburban sprawl.

      This should be receiving more attention from environmentalists, as urban planning is intimately related to environmental issues.

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    • And all of the harsh chemicals that get released when that new construction burns up in wildfires...

    • Yeah I'm not in favor of sprawl. It sounds like it needs to be amended, but do you want to go back to polluted air and water just because a small minority of regulations need to be repealed or amended? Wouldn't it make more sense to just revisit whatever regulations are having unintended consequences?

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  • I'd argue that environmental regulations that impede building modern nuclear power plants to replace coal power plants are net harmful. Nuclear power safety has advanced a lot since Chernobyl.

    • Chernobyl design was never in use in the US, but nuclear went through a long period of near universal public opposition to its expansion because of the high profile disasters that it caused.

      Now the cost of solar and storage are dropping at a rate I doubt nuclear is ever going to make a significant comeback. I'm not opposed to it, but I wonder if the economics will ever be favorable even with regulatory reform.

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    • The closest I've gotten to somebody finding environmental regulations that were driving up the cost of nuclear was with some of the latest stuff with people trying to get rid of the LNT model of how radiation affects people.

      Getting rid of LNT would allow higher doses to workers, and the way it makes nuclear cheaper is by having less shielding around the reactor.

      But if you look at how recent reactors like the AP1000 failed, it's not so much because of the mere quantity of concrete. In fact, one of the big advantages of the AP1000 is that it used a fraction of the concrete and steel of prior designs. The real problem at Vogtle were construction logistics, matching up design to constructible plans, and doing that all in an efficient manner.

      The construction process didn't run over budget and over timeline because of environmental regulations, that happened because we don't know how to build big things anymore, in combination with leadership asking for regulatory favors like starting construction before everything has been fully designed, which gave them more rope to hang themselves with.

      I don't know the specifics of why France forgot how to build, at Flamanville and Olkiluoto, but I imagine it's a similar tale as in the US. High labor costs, poor logistics, projects dragged out, and having to pay interest on the loan for years and years extra with every delay.

      If there's somebody with more specifics on how unnecessary regulation is killing nuclear, I'd love to see it. But after watching attentively and with great interest since ~2005, I've become so disillusioned with nuclear that I doubt we'll ever see it have success in the West again. Factories and manufacturing have seen productivity go through the roof over the past 50 years, while construction productivity is stagnant. Playing to our strengths, and using our very limited construction capacity on building factories rather than building generators, seems far wiser on the macroeconomic scale.

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  • There's certainly some "environmentalism" out there that's using the banner of the environment for other ends.

    Here's one example: https://www.latimes.com/opinion/story/2023-03-02/california-...

    I mostly agree with you, but it is worth paying attention to the details.

    • This article doesn't speak to me. What I read is, "Won't someone think of the poor UC system?" But the UC system is _massive_

      > But Casa Joaquin’s neighboring, overwhelmingly white homeowners could have used CEQA to demand costly studies and multiple hearings before Berkeley officials.

      Important to note that white people are well-represented at UC Berkley too. https://opa.berkeley.edu/campus-data/uc-berkeley-quick-facts

      > More recently, a series of court rulings that culminated last year nearly forced Berkeley to withhold admission of thousands of high school seniors...

      Graduating high-school seniors are also known as incoming freshman or legal adults.

      > ... because the state’s judges agreed with NIMBY neighborhood groups that population growth is an inherent environmental impact under CEQA.

      Ok, let's see how big the UC school system is...

      > The University maintains approximately 6,000 buildings enclosing 137 million gross square feet on approximately 30,000 acres across its ten campuses, five medical centers, nine agricultural research and extension centers, and the Lawrence Berkeley National Laboratory.

      https://accountability.universityofcalifornia.edu/2017/chapt...

      I'm not seeing evidence that protestors were primarily NIMBYs and pesky white homeowners. I can find several articles citing _student_ protests.

      > “It’s students who set up People’s Park in the first place, so it’s our place to defend it,” said Athena Davis, a first-year student at UC Berkeley who spoke at the rally. “It’s up to students to reject the idea that our housing needs to come at the price of destroying green space and homes for the marginalized.”

      https://www.berkeleyside.org/2021/01/30/protesters-tear-down...

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  • CEQA is pretty universally considered a disaster.

    The alternative is not to have no environmental regulation. California could copy the regulations of any of the 49 other states and be much better off.

    • >California could copy the regulations of any of the 49 other states and be much better off.

      Says whom?

      California has a huge population. California has a massive water shortage problem. California has wide areas vulnerable to wildfires. California has piles of small ecosystems that are fragile and can be easily wiped out.

      Saying California could copy some states like Iowas regulations makes negative sense.

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  • > If there's a specific regulation that can be shown to be doing more harm than good

    In Massachusetts you can't clear shoreline. Specifically, if you buy waterfront property on a pond / lake, you can't clear the shoreline to make a beach in your backyard. You can only use what used to be there before the law was passed. There's even restrictions on building close to shorelines, so if you want to build, you need to find an existing building and renovate.

    Now, I'm not a wetland expert, so maybe someone will chime in and tell me why every inch of freshwater shoreline must be undisturbed. But I like freshwater swimming and suspect that we can allocate some space for human recreation.

    • > Now, I'm not a wetland expert, so maybe someone will chime in and tell me why every inch of freshwater shoreline must be undisturbed. But I like freshwater swimming and suspect that we can allocate some space for human recreation.

      Are you prevented from fresh water swimming because you can't fabricate a beach for yourself, even if you own the property next to it? Seems like a strange complaint

  • >Almost every environmental regulation has come after it was already shown that there was some harm that needed to be mitigated.

    Ok, strong example here: the long term efforts to stop forest fires caused build up of fuel that should have burned up in small fires which then instead burned up ecosystems which evolved for small forest fires and instead were destroyed in large ones.

    That's a well intentioned environmental policy that had terrible effects.

    Fuel efficiency programs with the goal of reducing emissions with exceptions for work vehicles killed small trucks and meant a ton of people who do approximately 0 work drive around enormous vehicles that were designed big to match the exception criteria.

    That's another one.

    Ethanol to replace gasoline is also an enormous negative consequence waste that started as an environmental program.

    Things don't just work because you want them to and programs aren't automatically right because of what they intend to do.

    Far too many people argue for things they don't understand at all because of the surface intention of them and treat discussion about them blasphemy. (I chose uncontroversial negative examples because I don't want to get sidetracked into arguments about my examples with zealots)

  • what kind of common sense wisdom are we talking about here, can you give an example? understanding the impact of regulation designed to impact both the environment and the economy, two incredibly complex systems our experts are only beginning to understand, isn't generally a matter of common sense

    • The common sense wisdom I'm referring to is that environmental regulation is in general bad or does more harm than good.

      That's an opinion I encounter constantly and it's a meme that was manufactured in PR company meeting rooms, right wing think tanks, and neo-classical economists theoretical models of how the world works.

  • Nah some environmental regulation is batshit.

    Literally, in the UK you can’t build if there’s a protected bat species in the area.

  • How do you explain the bug up its ass that the EPA has about auto racing?

    • Congress should pass the RPM act and exempt race cars from the clean air act. I never said you can't cherry pick individual problems with environmental regulation.

      I just don't like the general attitude that because you can find something to disagree with that environmental regulation as a general rule is bad. It isn't.

      There are thousands and thousands of pages of environmental regulations. Obviously people are going to be able to find some things that need to be revisited, but don't throw the baby out with the bath water. Nothing should be repealed without evidence and in many cases amendments are more prudent than repeals.

    • At the same time I'm sick of people facing no consequences for modifying their diesel pickups to blow black clouds of smoke on their fellow citizens.

    • Bro I can't go out without some diesel pickup rolling coal. If anything auto standards need to be higher because people aren't adult enough to follow the 'not for public roads use' model.

It's really easy to sit and demand evidence before regulating something. But consider that if we waited for hard evidence to accumulate before banning lead in gasoline, we likely never would have banned it because the hard evidence wouldn't exist.

I also don't agree on the principle that regulations are "harmful" or "helpful." Rather, you have to define who the regulation harms, and who it helps. For example antitrust enforcement harms shareholders and some employees of very large firms, but it helps many employees and arguably improves the landscape for competition between many smaller firms. So whether a regulation is preferable comes down to values.

In the case of leaded gas, it harms basically everybody, but it helps fuel companies, so it was an easy thing to change.

  • We had research to support the EPA phase down of lead.

    Also, your assertion that lead “helps fuel companies” is fundamentally mistaken. Gasoline is a mass-produced commodity. Oil companies have single digit profit margins. These companies aren’t making Big Tech profit margins where they can absorb higher costs without passing them along to consumers. Cost savings from things like gasoline additives accrue to consumers at the gas pump.

    • Until the price of gas starts to remotely reflect the medium to long term costs of climate change I basically always celebrate anything that increases gas or carbon-based energy prices. Like, it sucks... but there's lots of data that consumers respond to these prices in their choices.

      The way I think about it, the entirety of global civilization is massively, massively subsidizing carbon emission.

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  • >It's really easy to sit and demand evidence before regulating something. But consider that if we waited for hard evidence to accumulate before banning lead in gasoline, we likely never would have banned it because the hard evidence wouldn't exist.

    We already knew lead was toxic before we started putting it in gasoline. Even the guy that invented it got sick from exposure and people died from exposure in their plants in the first years of operation. The problem is that we somehow require evidence that something is unsafe but don't require any evidence that its safe in the first place.

Basically everybody agrees with what you're saying which is what makes this an insidious comment.

In general the pressure against regulation comes from narrow winners (oil industry for instance) whereas the pressure for regulations generally comes from people focused on the greater good (even if they are misled by other narrow winners, for instance compliance firms).

  • There are valid reasons to oppose regulations. They can be used to create barriers of entry for small businesses, for example. They constantly affect the poor more than the middle class.

    • That is usually the opposite because the absence of regulations usually put the smallest players in a state of dependence of some huge monopolistic groups.

      Think pesticides and genetically modified plants for example.

    • There are valid reasons to oppose specific regulations not all.

      Imagine I open a auto repair center and I perform oil changes. It would cost me money to have used oil hauled away or I could dump it down the drain. You probably support a requirement that I pay for the service.

      I'm sure there are regulations that cause actual harm to small businesses that have little or no value but I wonder what percentage it would be of the total.

    • We're talking about environmental regulations. It is no more good for a small business to pollute than a large one, and it's precisely the poor who are most harmed by environmental pollution.

    • the largest unaccounted for victims of environmental degradation are our children and their children. given that we can't even keep from poisoning our own well water for our own uses today, it really does like on the whole we're failing to regulate sufficiently.

      which isn't to argue that they shouldn't make sense. or that they should be used to tilt the playing field due to corruption, but on the balance claiming that we are currently overregulated is pretty indefensible.

Lead is a textbook example of a good regulation. It’s something where the industry was doing something very harmful-aerosolizing lead and pumping it into the air—which had quite small economic benefits and was relatively easily replaced.

Some regulation achieves this kind of improvement, and we’re probably under regulated in those areas. Particulate matter, for example, is extremely harmful. But many regulations do not have such clear cut costs and benefits.

  • Can you tell more about particulate matter ? You mean small particles in the air right, so air pollution right ?

    • Right but specifically solid particles in the air, not just gasses (CO2, NOX, etc.).

      For example smoke and soot from combustion or dust particles from tires and brakes.

    • Particulate matter is relatively large particles, so far as air pollution goes. Think things like soot or smoke, rather than specific chemicals. Burning wood and coal produces far more particulates than, say, natural gas or gasoline-gas.

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  • >was relatively easily replaced.

    It wasn't easily replaced. For many decades there weren't any alternatives for anti-knock additives.

    • "…there weren't any alternatives for anti-knock additives.".

      Presumably, you mean there weren't any alternatives for anti-knock additives for around the same price as tetraethyllead.

      Octane ratings can be increased sans Pb if needed. Trouble is the extra refining and reduced yield increases costs which consumers weren't prepared to pay for.

It should be uncontroversial that introducing shit into an environment where it doesn't belong is a bad idea, yet many people remain unconvinced that dumping tons of carbon dioxide a year into the atmosphere or tons of fertilizer by-products into the oceans is a bad idea.

  • It's less that but rather the hypocrisy of promoting burdensome regulations and bans implemented in one county (e.g. Germany) which hurts domestic industry and raises costs for its citizens, all while being silent on countries like China and India continuing to massively build more and more coal fired power plants

    • 1. Germany industrialized 100 years before China. It's been burning large quantities of coal for far longer.

      2. Germany or at least the EU can and should impose a carbon fee on imports related to a given nations carbon emissions/reductions.

      3. Economically transitioning to renewables is better for a nations economy than continuing to burn fossil fuels anyway. Renewables are cheaper.

      Pointing to another bad actor as an excuse to continue to be a bad actor we learn is not a moral position somewhere around 5 years old.

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    • We saw this happen with the Montreal Protocol over CFCs/greehouse gases when everyone went mad and banned just about every fluorocarbon known to science.

      This was a case of zealotry and overregulation egged on by puritanical ideologs without full consideration of the consequences.

      We correctly banned fluorocarbons as refrigerants in systems where they would not be properly recycled, such as domestic refrigerators, air-conditioning systems incuding those in vehicles, and like. This made for good regulation, and it made sense.

      The volume of CFCs with other specislist applications was miniscule by comparison, and for most of these recovery, capture and recycle systems along with protocols for use could have been implemented.

      Instead, we stupidy put an outright ban on just about every CFC in sight, many of which have no direct equivalents that are anywhere near as effective as CFCs, and many are dangerous and inflammable and form explosive mixtures with air.

      Right, in one fell swoop we banned many of the most useful chemicals ever invented. Little wonder these's now a backlash to overregulation. If Montreal were to be repeated today the zealots would have to take more of a backseat.

    • Unfortunately there is hypocrisy to go around. Here's the argument China and India will use: "coal and fossil fuel always was for all its history and still is the largest portion of Germany's energy mix. It's hardly in a position to ask other countries to stop."

      "China and India have the right to industrialize themselves using the same tools Western countries have used. China is leading the world in alternative energy manufacturing making clean energy profitable and India is the 4th largest renewable energy producer."

    • China's carbon emissions decreased last year. They build more renewables than anyone else.

      If India and China build coal plants, it's because they have coal. If they had natural gas, like the US, they'd build natural gas plants.

  • You've just shifted the disagreement into a debate about whether the particular shit does or does not belong in the particular place.

Who is proposing for environment regulation without proper scientific evidence? You both sided the argument without giving any claims about environment regulation that turned out to be not helpful.

  • Are you aware of scientific evidence that supports mandating paper drinking straws?

  • Maybe ten comments below you there is someone stating "environmental regulations are a win."

    No qualifiers whatsoever. All environmental regulations are good as far as this person is concerned.

That's why the people that would rather policy be based on their personal interests work so hard to discredit all data and the scientific method so that you can't even have that conversation.

Your tone suggests you think they are generally not based on science and given cost benefit analysis. Probably a reflection of your media intake.

In 1981 Reagan made cost benefit analysis a requirement for EPA.

For example in 1984: the EPA " estimates that the benefits of reducing lead in gasoline would exceed the costs by more than 300 percent.... These benefits include improved health of children and others"

Trump has just scrapped the requirement to cost in human health.

I wonder if removing lead would meet the new standard.

Aren't you just waving a flag for less regulation by rushing to align yourself with this inarguable example of regulatory success? Rather than discussing the issue of what impact lead had, or how we might apply this longitudinal method to other other problems (making hair archives into a general environmental data resource), or develop longitudinal methods in general, You've chosen to issue a clarion calla gainst 'bad regulation'.

Turning "environmental regulation" into a unified bloc that must be either supported or opposed in totality is a manipulative political maneuver and it should be forcefully rejected.

....nobody was arguing this. It's a classic straw man fallacy. Further, you're leveraging a lot of emotional terms while providing zero examples, inviting potential sympathetic readers to just project their feelings onto any regulations they happen to dislike rather than establish any sort of objective criteria or lay out any map/model of regulatory credibility that could be subject to challenge or criticism.

> while other environmental regulations do more harm than good and need to be reigned in or eliminated.

Prove it.

  • I have proven it to my own satisfaction. It's a pretty trivial proof. I'm sure you could derive your own, if you tried.

    How's this: if, at some point, it seems to me that your agreement would benefit me or advance something I care about, I promise I'll consider trying to convince you.

> while other environmental regulations do more harm than good and need to be reigned in or eliminated.

Which "other" regulations are harmful and what harm are they doing?

> some environmental regulations work and are great and should if anything be reinforced, while other environmental regulations do more harm than good and need to be reigned in or eliminated

You're right. Off the top of my head, the stupidest environmental regulation I can think of right now is the banning of plastic straws. It's such a minuscule amount of plastic used compared to the mountains of bags and packaging used in general commerce and industry.

Don't get me wrong, I'm all for protecting our environment. I just believe in evidence-based policy and setting priorities correctly. After all, money, labor, and attention are finite resources.

> In my opinion it is obvious and should be uncontroversial that some environmental regulations work and are great and should if anything be reinforced, while other environmental regulations do more harm than good and need to be reigned in or eliminated.

This would be a reasonable centrist opinion, if there existed environmental regulations that do more harm than good!

Actually, I do know of one, in California, that does both harm and good and the harmful parts need to be reigned in. CEQA in California was expanded by courts after it was passed to cover all sorts of things that weren't intended by the authors. CEQA is not so much an "environmental" law as it is a "perform some massive studies law" as it doesn't really regulate anything in particular.

Mostly it serves as a route to use the courts to delay projects, largely housing in already-built-out areas. By delaying a project's approval with a court lawsuit for 2-3 years, the preliminary financing runs out, the cost of owning land without doing anything with it runs out, so projects can be scuttled without the validity of the lawsuit every being evaluated by courts.

Instead of this sort of legal courtroom process that takes long and indeterminate amounts of time, CEQA should be replaced with strict and very clear definitions of harm, or at least move the more subjective parts into a science-based regulatory body that provides answers an a short timeline that can not be dragged on indefinitely.

> Regulations are not people, and they don't have rights.

This is a very weird turn of the phrase "corporations aren't people," because there actually are highly influential politicians that made the case that corporations are people. Nobody is saying that regulations are people. That's silly.

The regulations we need to get rid of are not "environmental" regulations, they are "rent seeking" regulations that allow entrenched interests to prevent disruption by smaller interests. CEQA is not a problem because its an environmental regulation, it's a problem because it's a tool NIMBYs use to get results that are worse for the environment.

> It is fair and reasonable to demand that environmental regulation justify its existence with hard, scientifically verifiable data or else get chopped

Here is a strawman for you: studies for regulation A show that it is successfull in improving habitat for endangered species. Studies also show that the regulation increases tax burden and decreases competitiveness of national agriculture.

Should the regulation be chopped?

Put more broadly, we should, you know, enact good laws and repeal bad ones. No major political party has a monopoly on good, or bad, legislation.

> It is fair and reasonable to demand that environmental regulation justify its existence with hard, scientifically verifiable data or else get chopped.

This sounds good as a general default, but there are differences of approach. The US, for example, tends to be more permissive with new chemicals while the EU tends to take a more precautionary approach. Which is better on the whole, weighing the various competing goods, I don't know. I generally favor health over economic prowess, however.

> a manipulative political maneuver

Yes, under the pretext of concern for the environment. There are well-known cases where the political opposition will commission a bogus ecological studies to stifle construction projects they either don't agree with or as a petty way to simply make the ruling party appear less successful. And naturally, the ecological study will find something, as virtually no major construction project will leave the environment unaltered, which is not to say seriously or irretrievable damaged.

This sounds nice, but in the context of actual politics it's completely meaningless.

It's like saying that some people are dangerous criminals who need to be locked up, and other people are upstanding citizens who should be free to live their lives. Everybody would agree with this. The disagreement is in how you sort people. What category encompasses someone who belongs to the opposing political party? That sort of thing.

Regulation should definitely be justified by scientific data. Who gets to determine what's enough? Who gets to determine what counts? Leaded gasoline is a great example. It was pretty well understood when it was introduced that lead was hazardous and dumping a bunch of it into the atmosphere was unwise. But this was evaded, denied, and suppressed for decades.

Even today, it's not settled. Lead is still used in aviation gasoline in the US. It's being phased out, but it's been in the process of phasing out for a couple of decades and there seems to be no urgency in it.

You'll find plenty of people disagreeing with pretty clearly beneficial environmental regulations because in their view those regulations are not supported by the data. They would completely agree with your statement, while saying that pollution from coal power plants is no big deal, climate change is a myth, etc.

  • There definitely is urgency to phase out leaded aviation gasoline. The FAA is proposing that we phase it out by 2030 - just 4 years from now - even though we still haven't agreed on which of the 3 competing gas blends to standardize on, the pumping infrastructure only exists at a small number of airports, and even though there's still open concerns about them causing engine damage.

    They just published a draft version of the transition plan here: https://www.faa.gov/aircraft/draft_docs/draft_unleaded_avgas...

    • Leaded gasoline for cars started phasing out 52 years ago. It was fully banned 30 years ago. If there was any urgency behind getting rid of leaded avgas it would have been gone in that timeframe.

      The FAA started looking at it 14 years ago. They planned to finish phasing it out in 2023. Three years after that, leaded avgas remains ubiquitous, and there's a plan to finish phasing it out in six years. (The 2030 date excludes Alaska, which is planned for 2032.) That's not what urgency looks like.

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>Turning "environmental regulation" into a unified bloc that must be either supported or opposed in totality is a manipulative political maneuver and it should be forcefully rejected.

I'm aware of political parties and politicians who make statements similar to "We have too many regulations" or "stop big government" I'm not aware of opposite.

  • You've never heard a politician say, "When I'm Mayor/Governor/President, we're going to make [x] [stop/start] doing [y]"?

> some environmental regulations work [...] while other [..] do more harm than good

You are (deliberately?) overlooking the elephant in the room: lobbies with money can distort the discussion.

Big tobacco knew for decades that smoking was bad but still managed to block restrictions in smoking. Oil companies knew lead was poisoning. Purdue knew Oxycontin was addicting. Facebook knows their product is toxic.