Tendency in all major advanced countries is to rely on the experts in a field. During the COVID pandemic, it was the CDC agency. Especially of concern is the EPA, whose pronouncements about the environment have met with resistance in business and industry over the years. Resulting in serious water pollution problems in the state of Michigan, for instance.
The issue that I think the Justices have identified correctly, is the failure of these governmental agencies to garner support and trust within the groups that are causing environmental pollution and concern.
Traditionally, as the framers of the Constitution would have wanted, when there's a social problem it would be brought to the attention of the Congress, where solution would be discussed and resolved. But with companies armed with war chests into the billions, they have made Congressmen immune from the lowly protests of scientific cadre of practitioners.
The situation of smoking causing lung cancer was resolved over many years during which the public could be apprised of the deleterious effects the practice wrought onto the citizenry.
So, rather than look upon the entrepreneurs as the "enemy," they must become the bearers of scientific knowledge and truth. That is to say, the companies themselves must employ among their ranks the scientists and field-wary practitioners to steer industry away from the wayward practices and technologies that are no longer advised or scientifically condoned. Specifically, the entrepreneurs themselves must become knowledgeable intellects in scientific data and interpretation!
That is to say, realistically, Congress can be a conduit for fostering right practice, but the particular industries themselves must be the promoters of right and environmentally sound practices and technologies. Particularly, the trade organizations must endorse the most current technological advances and see to it that other, possibly more ordinary, methods are no longer in vogue.
Surprisingly, industry is already accepting this new responsibility! The Justices are actually behind the times!
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