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Red Desert Ruling?

Another Example of a Surprisal Court’s Using Curable Groundwater – Yet Again

By: Mike Hodges / All Things Nuclear and Do Something, blog / Voices of Charleston SC

I honestly don’t understand this whole pissing contest. There is no reason to presume the case is not closed or never will be because groundwater is a scarce resource.

The state of North Carolina (NC) has a 15 year moratorium on adding water to the ground without clear plans for how the aquifer can be effectively restored.

Among other things from the government’s point of view, the law may prohibit private property owners and governments from digging up their aquifers because any use of the groundwater can damage the property. In fact, the ruling cites that very problem all in one phrase: “for the protection of against an unreasonable search and seizure.”

There is a sound argument that the water needs to be restored, it can’t just sit around and dry out–the water table has been lowered by over 100 feet in the two decades since NC made its ruling. That’s a huge difference. But the rationale here seems flimsy.

It is a circular argument both ways. One way it must have been brought forward by scientists, the court believes whatever it hears should be what is decided, and then the case continues on to make decisions about policy.

Its own assumption is based on long discredited science anyway. The court doesn’t realize it, so I guess it has to keep repeating until someone confesses to being ignorant.

Here’s what a well-informed well-informed judge would say:

1) there is no scientific possibility groundwater can be remediated.

2) while the threat of flooding is real, it can be offset by addressing the basis of groundwater contamination.

3) with a few dozen “imminent risks” due to waste ponds and munitions, the flooding threatened by disposal of the obsolete nuclear waste remains a higher risk than even a nuclear disaster.

4) the Department of Transportation can build expensive new roads without concrete levees and can therefore be allowed to safely fill with water from the aquifer.