In sum, we certainly agree with Biber and Ruhl that "the actual experience of permitting as practiced by agencies is rich with evidence that the problems motivating Epstein's pessimistic assessment are neither inevitable nor insurmountable." Biber and Ruhl focus on the use of general permits as a major reason for that optimistic assessment, suggesting that "a wide range of environmental problems plausibly might be better resolved by general permits to address the challenges we identify...." Without necessarily endorsing their precise prescriptions, we applaud them for producing a thoughtful framework for considering the relative pros and cons of general and individual permitting regimes. But general versus individual permitting is only one dimension of a larger picture. In the digital age, electronic data can be collected and shared at the touch of a button, and the technology of monitoring and reporting is constantly advancing. Agencies can and will adopt innovative approaches to improve the efficiency and efficacy of permits, whatever their form.
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