Despite what the headlines seem to suggest, President Bush is not yet inconsequential. His executive powers are maintained for another few weeks, and like the last several of his predecessors, he is spending that time issuing eleventh hour executive orders and regulatory changes. Among the most distressing of the changes is one which lifts many restrictions on the disposal of mining waste. In truth the rules regulating that disposal have widely been ignored for years. Lifting those restrictions will allow mining operators even greater freedom to dump their mining refuse into nearby streams and valleys. Mining runoff contains high levels of selenium and other hazardous chemicals, which threatens not only local fish and wildlife, but the local communities.
Deregulation has always been a central tenet of conventional free market theory as a means to maintain freedom for society. The argument is in theory very persuasive. Why is it that in practice deregulation so often means keeping producers free to pass off the true costs of their production onto others; free contaminate the private property and health of the less powerful, as well as the public property on which we all rely, in their pursuit of profit? So much for the people downstream being “free to choose.”