A permit program can be a valuable enforcement tool to apply the general commands of the law to particular pollution sources. But the Nickles-Heflin amendment turned this idea on its head. It would have provided a shield to protect emitters from clean-up requirements needed to protect public health, repealed monitoring requirements under current law, and eliminated the rights of citizens to enforce the law.

A roll call vote on the Nickles-Heflin amendment followed. The amendment failed 47-50 on March 27. No is the pro-environment vote.