And if all 50 states got together and agreed on a common law or rule, without any federal intervention, then where would you go?
What if you have a groundwater pond, that influences and is influenced by, the aquifer? And that aquifer extends over the state line?
1. That is actually possible, it's called an Amendment to the Constitution. Specifically, a Constitutional Convention. It won't happen though, ever since the Senate was taken over by statism and the 17th Amendment, States rights are out the window. I don't know what you know, but, it used to be the Senator of your state was appointed by your State to FEND for your States rights. With the 17th Amendment, that went out the window. The Senate is now another federal official who gets elected by promising stuff from the federal largess.
2. I cannot dismiss this point regarding your "groundwater pond". This is exactly what I eluded to in my post. Here's the rub though, we no longer have a true group of State representatives in Congress, that went away with the 17th Amendment. The Senate was there to jealousy guard against the federal government infringing on States, it was a balance system, it's gone.
3. Ask yourself this though; What is a bigger threat to you? A federal government regulating you to death about everything, using interstate commerce clause as cover, or a State government who will not regulate enough? I would argue that you will find State regulations will react to such pollution events just as strongly as federal government but in a more responsive and considerate manner. The law will also not be so cumbersome because it will be more "micro".
4. If we use this theory all the time, regarding border states, then what if you go to your border state and get sick at a restaurant? Should all restaurants now use federal health departments? Should we expect the same health code in every State? We do not now, it's working just fine. What about building codes? Firearms laws? The use of a States public parks and trees? Afterall, if you cut a tree down then the feds can say you are affecting climate change. There is NO end.
I just got a new pond, I made it twice because I aint so bright.
