When the fundamental structure of American environmental law was put into place in the 1970s and 1980s, protecting the environment was a consensus, a nonpartisan goal supported by over two-thirds of the American public. Support was so widespread that the 1972 Clean Water Act was enacted over then President Richard Nixons veto. There was a real debate about how to best protect the environment, and Congress knew how to compromise. The deal that led to the Superfund toxic waste clean-up bill in 1980 was a compromise between conservative Senator Jesse Helms and liberal then-Representative (later New Jersey Governor) Jim Florio. The political attack on environmental regulation from the right began with Ronald Reagan as an attack on big government regulation, not on the goal of protecting the environment. Since that time, the environment has become a more partisan issue. Huge majorities of Democrats and Independents support environmental regulation, and while Republican support often exceeds 50 percent, it is lukewarm at best. The problem remains, how do you keep the environment from being polluted without laws making pollution illegal?
The answer is you cant prevent pollution without rules, and because all air pollution crosses state boundaries and many water pollution problems also cross state borders, some of the rules must be set by the federal government. In the case of climate change, greenhouse gas pollution crosses both state and national boundaries. Still, many environmental issues are local and state specific. In these cases, state and local rules can be very effective in maintaining environmental quality. Additionally, over the past several decades, a central strategy of the U.S. Environmental Protection Agency has been to delegate federal regulatory authority to the states. EPA did this, in part, due to federal resource constraints, and in part due to a belief that environmental rules needed to be adjusted to the specific needs of Americas diverse local conditions. Each community has its own economic, social, political, cultural and ecological environment and what works in Portland, Oregon, might not work in Portland, Maine.
Today we have an EPA Administrator who is willfully and aggressively deregulating elements of environmental protection. He is not trying to repeal environmental laws, since he knows he will lose those battles. Instead he is focusing his attention on regulations, starting with rolling back rules issued under the Obama Administration. He is revising rules without the advice of long-time EPA professionals and instead consulting with outside think tanks, industry representatives, and conservative advocates to redraft rules. While this means that many Obama-era rules will not be implemented, it does not mean that the new weaker rules will automatically be put into effect. Courts will be reviewing these changes, and some will be rejected due to an inadequate process of public participation prior to revision, while others will be rejected because they do not fulfill the intended mandates of the law. Regardless of federal action, states may well continue their own more stringent rules. We are in uncharted territory with a determined, anti-environmental EPA Administrator. The only point that is certain is that environmental lawyers will be fully employed during Scott Pruitts shameful term as EPA Administrator.
One of the key arguments for national environmental standards nearly half a century ago was the fear that states and localities would use lower environmental standards to compete for industry. However, in the last several decades the connection between pollution and health became widely understood, and the desire to protect housing values and a communitys way of life led to the development of NIMBY the not in my backyard syndrome. Local opposition to new factories, waste treatment facilities, power plants, and, in some cases, any construction at all has resulted in local anti-development politics that can be quite powerful. When development is permitted it is often only allowed once developers commit to specific measures designed to limit pollution, traffic, and other factors that impact local quality of life. This local and state level political force was not widespread when EPA was established in 1970. It is not universal since there are communities that will accept any kind of development they can get, but NIMBY is a major political force in a majority of American communities.
Another change since 1970 has been the growth of environmental liability law and the development of internal practices of sustainability management in many large corporations. Companies are more careful about their environmental impacts because they fear being sued by those who suffer damages due to those impacts. They are also more careful about their use of energy, water and other materials due to the rising costs of those resources.
I mention these factors not to argue that EPA is unimportant, because the agency is very important, but because EPA is not the only institution available to protect the environment. Its no longer the 1970s or 80s. Environmental protection is hardwired into Americas governmental, nonprofit and private institutions. It can be weakened, and unscrupulous businesses may take advantage of Trumps approach and could start drilling soon on public lands and in fragile ocean environments. But when the first leak, spill or environmental disaster takes place, these folks will come to learn that Americans do not want to see their beaches or national parks damaged or destroyed. Most people really like to breathe and they expect government to ensure that their air, water and land is free of poisons.
The starting point for opposing environmental deregulation is the recognition that the U.S. federal government is not all powerful. The founders designed a political structure of checks and balances and shared sovereignty. States, cities, corporations and large nonprofits have enormous power and resources. While it would be helpful for the federal government to do its fair share of the heavy lifting in protecting the environment, it is not essential. Federal deregulation should and will be fought in the courts. States will be suing, as will environmental interest groups. The environmental groups will need private money to battle the federal government. But in addition to fighting weakened rules, we should focus our attention and creativity on state, local and private institutions. Lets not be defined by opposition. Lets not be overly engaged with stopping foolish federal policies and instead look to develop more creative and positive approaches that ignore and bypass the federal government.
Weve been used to a dysfunctional and deadlocked federal government for decades. What weve not seen since the days of Anne Gorsuch in the early Reagan years is an effort to attack and dismantle fundamental environmental rules. As in those years, it is not clear how successful Pruitt will be in modifying his corner of the administrative state. After two years of noise, President Reagans political advisors convinced him to cut loose his Interior Secretary and EPA Administrator, after which Reagan brought back the first EPA Administrator, William Ruckelshaus, a serious and creative environmentalist. It is far from clear that anything like that could ever happen under Trumps very strange decision-making process.
But just as Trump and his attention-getting antics are a distraction from the difficult work of governance, Pruitts moves at deregulation must be countered, but not obsessed over. The long and difficult transition from a finite resource to a renewable resource based economy was never going to originate in Washington anyway. The main engine of change will be communities, businesses, nonprofits and cities. So, while we resist federal cutbacks in environmental protection policies and programs, we need to continue to keep our eye on the daily, operational tasks of creating sustainable homes, businesses, cities and communities. We need to build the public-private partnerships that will transform the way we live. We need to counter the effort of state-level electric utilities that want to destroy the household solar industry. And we should remember to offer Scott Pruitt a discount when he stops by in a few years, finally in the market for a used Tesla.
The Morning Email
Wake up to the day's most important news.
Link:
Resisting The Deregulation Of Environmental Protection - HuffPost
- QazInnovations: Kazakhstan seeks to bring volume of innovative ... - inform.kz/en - April 23rd, 2023 [April 23rd, 2023]
- World Earth Day: What is green finance, and why do we need it so much? - The Economic Times - April 23rd, 2023 [April 23rd, 2023]
- Netarts Bay cleanup scheduled for Earth Day with SOLVE and ... - Tillamook Headlight-Herald - April 23rd, 2023 [April 23rd, 2023]
- Shaping humanitarian and ethical governance in Pakistan - The Express Tribune - April 23rd, 2023 [April 23rd, 2023]
- Remarks by Secretary of the Treasury Janet L. Yellen on the U.S. ... - Treasury - April 23rd, 2023 [April 23rd, 2023]
- Investing in nature: Building local economies through conservation - McKinsey - April 23rd, 2023 [April 23rd, 2023]
- Lalith's economic vision for Lanka: Export or perish - The Sunday Times Sri Lanka - April 23rd, 2023 [April 23rd, 2023]
- Alliance for an Energy Efficient Economy to help A.P. govt. implement energy-efficiency projects - The Hindu - April 23rd, 2023 [April 23rd, 2023]
- President Biden Announces Key Appointments to Boards and ... - The White House - April 23rd, 2023 [April 23rd, 2023]
- A Restraint Approach to U.S.China Relations: Reversing the Slide ... - Quincy Institute for Responsible Statecraft - April 23rd, 2023 [April 23rd, 2023]
- Carrollton Mayor and City Council Election Preview 2023: Meet your ... - Star Local Media - April 23rd, 2023 [April 23rd, 2023]
- Governor Kelly Signs Bipartisan Bill to Expand Teacher Workforce in ... - Kansas Governor - April 23rd, 2023 [April 23rd, 2023]
- Indigenous Peoples Must Have Full Representation, Participation in ... - United Nations - April 23rd, 2023 [April 23rd, 2023]
- The EPA Region 6 Announces a Total of $23 Million to ... - U.S. EPA.gov - April 23rd, 2023 [April 23rd, 2023]
- Kansas governor strikes funding for anti-abortion pregnancy centers ... - Kansas Reflector - April 23rd, 2023 [April 23rd, 2023]
- Can You Fight for Climate Justice Without Being Antiwar? - Common Dreams - April 23rd, 2023 [April 23rd, 2023]
- Sustainable Tourism: A World leading to the road of Environment consciousness - Nomad Lawyer - NomadLawyer - April 23rd, 2023 [April 23rd, 2023]
- Atlanta's Cop City and the Struggle for Climate Justice - Resilience - April 23rd, 2023 [April 23rd, 2023]
- Jaishankars visit to Uganda, Mozambique went almost unnoticed but it indicated Indias bold gambit in Africa - Firstpost - April 23rd, 2023 [April 23rd, 2023]
- Natural resource - Wikipedia - October 30th, 2022 [October 30th, 2022]
- Non-renewable resource - Wikipedia - October 30th, 2022 [October 30th, 2022]
- Minister Wilkinson Launches Phase 2 of the Regional Energy and Resource Tables - Canada NewsWire - October 13th, 2022 [October 13th, 2022]
- Executive Secretary participates in Russian Energy Week to advocate for decarbonization in the UNECE region ahead of COP27 - UNECE - October 13th, 2022 [October 13th, 2022]
- Renault Group: The Future Is NEUTRAL: The circular economy is stepping into a new era! - Yahoo Finance - October 13th, 2022 [October 13th, 2022]
- Economy Expected to Contract Further in 2023, as the Fed Appears Resolved to Tame Inflation - PR Newswire - October 13th, 2022 [October 13th, 2022]
- Brazils Runoff Election Will Have Enormous Effects on the Global Climate Crisis - Truthout - October 13th, 2022 [October 13th, 2022]
- Health disparities and health inequalities: applying All Our Health - GOV.UK - October 13th, 2022 [October 13th, 2022]
- Opinion: Biopolitics is the invisible hand shaping mental health - The Connecticut Mirror - October 13th, 2022 [October 13th, 2022]
- Avaaz urges Georgieva and Trudeau to lasso-in commitments from IMF to attend December's vital UN Biodiversity Talks in Montreal - GlobeNewswire - October 13th, 2022 [October 13th, 2022]
- Kochi as a global city? Why not, asks the man behind Ahmedabads mega city story | Manorama English - Onmanorama - October 13th, 2022 [October 13th, 2022]
- Hennessy and Thurgood Marshall College Fund Announce partnership with Group Black and The Bishop Gallery to make "America's Most Influential... - October 13th, 2022 [October 13th, 2022]
- Pollution Prevention Week highlights ways to reduce, reuse and recycle waste - Michigan (.gov) - September 22nd, 2022 [September 22nd, 2022]
- England headed for incineration overcapacity, warns UKWIN - Resource Magazine - September 22nd, 2022 [September 22nd, 2022]
- 3 years of the Principles for Responsible Banking: our vision for change United Nations Environment Finance Initiative - UNEP Finance Initiative - September 22nd, 2022 [September 22nd, 2022]
- Isn't It Time To Challenge The Growth Paradigm? OpEd - Eurasia Review - September 22nd, 2022 [September 22nd, 2022]
- Coalition of Nearly 50 Organizations Launches 'Tear the Paper Ceiling' Campaign to Raise Awareness Around the 70+ Million Workers in the U.S. Skilled... - September 22nd, 2022 [September 22nd, 2022]
- Remote work can actually be more productive: More Hub readers respond to the work-from-home phenomenon - The Hub - September 22nd, 2022 [September 22nd, 2022]
- Mendocino Public Health on record-setting Sept. heat: We can't just treat this as a once-in-15-years occurrence - The Mendocino Voice - September 22nd, 2022 [September 22nd, 2022]
- Carbon Ridge Secures $6 Million Investment from Leading Climate Investors and Maritime Industry Leaders - Business Wire - September 22nd, 2022 [September 22nd, 2022]
- Regenerative Travel Is the Next Phase of Responsible Tourism - Outside Online - Outside - September 22nd, 2022 [September 22nd, 2022]
- NNPC: Between rebranding and reforms, By Tijah Bolton-Akpan - Premium Times - September 22nd, 2022 [September 22nd, 2022]
- Embodying the spirit of Malaysia - The Edge Markets MY - September 22nd, 2022 [September 22nd, 2022]
- Nonprofit executive takes on state-appointed economic development role - MiBiz: West Michigan Business News - August 29th, 2022 [August 29th, 2022]
- Noble Mineral Exploration Signs Exploration Agreement with the Constance Lake First Nation - Junior Mining Network - August 29th, 2022 [August 29th, 2022]
- China and the Democratic Republic of the Congo: A Progressively Deepening Bilateral Partnership - The Geopolitics - August 29th, 2022 [August 29th, 2022]
- Oil money is flooding into Guyana. Who will benefit? - Reuters - August 29th, 2022 [August 29th, 2022]
- Remote-work revolution exposes need for better data, tracking tools to evaluate workforce, pay and economy - The Spokesman Review - August 29th, 2022 [August 29th, 2022]
- We need rare earth elements for a greener future, but there's a catch - CBC.ca - August 29th, 2022 [August 29th, 2022]
- BRNHA the steward of the living traditions of WNC: Opinion - Citizen Times - August 29th, 2022 [August 29th, 2022]
- The Fiji Times Back in history: Future of forestry sector - Fiji Times - August 29th, 2022 [August 29th, 2022]
- Hochul announces grand opening of Capital Region BOCES Career and Technical Education Center - Troy Record - August 29th, 2022 [August 29th, 2022]
- Predicting the Future of Greenhouse Gas Emissions - Columbia University - August 15th, 2022 [August 15th, 2022]
- JD.com Ranks 46th on 2022 Fortune Global 500 - Yahoo Finance - August 15th, 2022 [August 15th, 2022]
- Minister Wilkinson Releases New Report Showing the Impacts of Climate Change and Necessity of Climate Adaptation in Ontario - Canada NewsWire - August 15th, 2022 [August 15th, 2022]
- Do Armenians have a future as an independent nation? Part 4 - Armenian Weekly - August 15th, 2022 [August 15th, 2022]
- Getting the diagnostics right 2 - BusinessWorld Online - August 15th, 2022 [August 15th, 2022]
- GrammaTech and T.E.N. Announce Call for Nominations for Product Security Executive of the Year Awards - Business Wire - August 15th, 2022 [August 15th, 2022]
- Energy Vault and Jupiter Power Announce Agreement for Battery Energy Storage Projects in Texas and California Totaling 220 MWh - Business Wire - August 15th, 2022 [August 15th, 2022]
- The North East LEP: Thinking bigger and planning together for the future - Bdaily - August 15th, 2022 [August 15th, 2022]
- It's not enough to buy American. You also need to sell American all around the world. - The Ripon Society - July 27th, 2022 [July 27th, 2022]
- Bid to designate 50k acres in UP as wilderness highlights tension over public lands - MLive.com - July 27th, 2022 [July 27th, 2022]
- A 'Living Wall' At Texas A&M Could Be The Key To Smarter Cities - Texas A&M University Today - July 27th, 2022 [July 27th, 2022]
- Architects and designers must embrace the circular economy - Project Scotland - July 27th, 2022 [July 27th, 2022]
- Strategic Minerals increases Tin and Tantalum production in June and Q2 2022 at its Penouta Mine - Yahoo Finance - July 27th, 2022 [July 27th, 2022]
- Issues of the Environment: Improving recycling rates and quality of recycling materials in Washtenaw County - WEMU - July 27th, 2022 [July 27th, 2022]
- Joe Oliver: The Liberal Cabinet Needs an Intervention - The Epoch Times - July 27th, 2022 [July 27th, 2022]
- SDG&E and Cajon Valley Union School District Flip the Switch on Region's First Vehicle-to-Grid Project Featuring Local Electric School Buses Capable... - July 27th, 2022 [July 27th, 2022]
- Reimagining business: The greatest debt of all time - Newsroom - July 13th, 2022 [July 13th, 2022]
- Moody's affirms A1 rating of Newfoundland and Labrador, changes outlook to stable - Moody's - July 13th, 2022 [July 13th, 2022]
- New Mexico's oil and gas revenues are breaking records and complicating budgets - New Mexico Political Report - July 13th, 2022 [July 13th, 2022]
- FACT SHEET: White House Announces over $40 Billion in American Rescue Plan Investments in Our Workforce With More Coming - The White House - July 13th, 2022 [July 13th, 2022]
- The Class of 2022 Is Ready to Workon Their Terms - SHRM - July 13th, 2022 [July 13th, 2022]
- Faraday Copper Announces Updated Mineral Resource Estimate for the Copper Creek Project in Arizona; Measured and Indicated Mineral Resources Exceed... - July 13th, 2022 [July 13th, 2022]
- Inside the Triangle's latest job opening data: What boards are showing and who's hiring - WRAL TechWire - July 13th, 2022 [July 13th, 2022]
- Reserve Bank keeps blinkers on inflation, raising OCR to 2.5% - Stuff - July 13th, 2022 [July 13th, 2022]
- Abe's drive to bring back Japan | The Interpreter - The Interpreter - July 13th, 2022 [July 13th, 2022]
- UCF Hospitality Researchers Expertise Is Tapped for Global Sustainable Tourism Report - UCF - June 30th, 2022 [June 30th, 2022]
- Feminist Economics and the Fight for Human Rights - OHCHR - June 30th, 2022 [June 30th, 2022]
- Biden Administration announces historic coastal and climate resilience funding - National Oceanic and Atmospheric Administration - June 30th, 2022 [June 30th, 2022]
- Why green ammonia will be the workhorse of EU's future hydrogen economy - EURACTIV - June 30th, 2022 [June 30th, 2022]