Is there anyone who opposes clean air and water?

The obvious answer is no, at least until you ask about specifics.

For instance....

• In the name of saving water should the government require the production of toilets which have not exactly been flushed with success? Or, do you think that toilets which used to work so well should be allowed to continue in production? (See: Toilet Ratings Raise a Storm, The Washington Post, January 11, 2003)

• If you favor the preservation of wetlands, do you envision something with reeds and bogs, or do you think government should regulate puddles that form only after the heaviest rains? (See: Bush mulls changes to Clean Water Act, Seattle Post-Intelligencer, January 11, 2003)

• Do you think development valued at $2 billion should be stopped to protect the Kauai cave amphipod and Kauai cave wolf spider? (See: Kauai habitat could cost isle $2 billion, The Honolulu Star-Bulletin, November 16, 2002).

Environmental regulations greatly impact real estate, from the ability to construct seashore buildings to the presence of lead paint. What the rules say and how they are interpreted can greatly impact local housing values.

The debate is about to begin again in Washington, the question of how much government regulation is required to protect the environment and how much regulation is too much.

On one side, braying loudly, we have environmental absolutists who believe -- apparently -- that people should live in caves and tents so that nature will be undisturbed.

In the middle we have most folks, those who understand that with some effort we can have cleaner air and water, that not all places and species can or should be protected, and who believe that environmental betterment is often -- but not always -- a good use of taxpayer dollars.

On the other side of the realm, we have anti-environmental absolutists, those who believe -- apparently -- that other than defending the country and issuing stamps the federal government should not make any regulations whatsoever, including those which relate to air, water, and creatures.

The Bush Administration now says it wants to review the Clean Water Act, a thought which concerns many people. The reality is that the rules must be changed because in 2001 the Supreme Court said federal efforts to regulate "isolated" wetlands were far outside the meaning and intent of the legislation. (See: Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC)).

When it comes to environmental issues generally, we should weigh the cost to achieve a given economic goal against the value produced. Despite screaming from Detroit, higher gasoline mileage standards have been achieved and higher standards should be sought. This is an environmental issue and it is also a political one: the need for energy independence can hardly be overstated given the political and economic costs our fuel dependency now creates.

Alternatively, environmental rules and guidelines cannot be based on whim and fantasy. Sloppy research that can lead to fewer property rights is unfiar, poor science, and weakens environmental efforts generally.

There is a need to recognize that some things cannot be legislated or imposed. It was claimed that King Canute could hold back the tides, but despite his imperial powers the waves continued to come and go.

You can bet that whatever the administration decides, any change to the Clean Water Act will potentially face a court challenge. The threat of such litigation should cause federal agencies and responsible environmental organizations to surprise us all and seek a middle ground, a set of guidelines which protect the environment in the main without yielding to extremism on either side.

For more articles by Peter G. Miller, please press here.

Published: January 14, 2003

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Peter G. Miller, also known as OurBroker®, is the author of six real estate books -- including The Common-Sense Mortgage -- and is the original creator and host of America Online's Real Estate Center. Peter's weekly columns appear in more than 100 newspapers nationwide, he is also published in a variety of other media outlets and he is a frequent speaker at national events and conventions. Peter welcomes your questions, comments, and news releases via e-mail at .