The Beginning of the End of EPA

Guest essay by Jay Lehr

At the Republican National Convention last summer, the GOP approved a platform that stated: “We propose to shift responsibility for environmental regulation from the federal bureaucracy to the states and to transform the EPA [Environmental Protection Agency] into an independent bipartisan commission, similar to the Nuclear Regulatory Commission, with structural safeguards against politicized science.” It also says “We will likewise forbid the EPA to regulate carbon dioxide, something never envisioned when Congress passed the Clean Air Act.”

The GOP followed the lead of President Donald Trump, who in a March debate said he would abolish EPA, and in a May speech in North Dakota condemned “the Environmental Protection Agency’s use of totalitarian tactics” that has “denied millions of Americans access to the energy wealth sitting under our feet. This is your treasure, and you – the American People – are entitled to share in the riches.”

Trump and the GOP are saying, finally, what millions of people have been thinking for a long time: EPA has become the cause of, not the solution to, the nation’s major environmental problems. It’s time to end EPA.

A Promising Beginning

In the late 1960s, the United States faced real problems regarding the quality of its air and water, waste disposal, and contamination from mining and agriculture. Pollution crossed borders – the borders between private property as well as between cities, states, and nations – and traditional remedies based on private property rights didn’t seem to be working. The public was overly complacent about the possible threat to their safety.

Many scientists, myself included, lobbied the federal government to form a cabinet-level agency to address these problems. [1] In 1971, EPA was born. During the agency’s first 10 years, Congress passed seven legislative acts to protect the environment, including the Water Pollution Control Act (later renamed the Clean Water Act), Safe Drinking Water Act, Resource Conservation and Recovery Act, and the Clean Air Act.

At first, these laws worked well, protecting the environment and the health of our citizens. Problems were identified, measured, exposed, and major investments were made to reduce dangerous emissions and protect the public from exposure to them. EPA and other government agencies regularly report the subsequent dramatic reduction in all the pollutants we originally targeted. By the 1980s, nothing more needed to be done beyond monitoring our continuing success in cleaning up the environment. It was time to declare victory and go home.

EPA Is Now an Obstacle

Beginning around 1981, however, radical Leftists realized they could advance their political agenda by taking over the environmental movement and use it to advocate for ever-more draconian regulations on businesses. Environmentalists allowed this take-over to occur because it brought massive funding from liberal foundations, political power, and prestige. [2]

Politicians realized they could win votes by pandering to the environmental movement, repeating their pseudo-scientific claims, and posing as protectors of nature and the public health. The wind, solar, and ethanol industries saw they could use regulations to handicap competitors or help themselves to public subsidies.

Today, EPA is a captive of activist and special-interest groups. Its regulations have nothing to do with protecting the environment. Its rules account for nearly half of the $2 trillion annual cost of complying with all national regulations in the United States.

In 2008, The Heritage Foundation estimated the costs of EPA’s first proposal to regulate greenhouse gases in the name of fighting global warming were “close to $7 trillion and three million manufacturing jobs lost.” According to Heritage, “the sweep of regulations … could severely affect nearly every major energy-using product from cars to lawnmowers, and a million or more businesses and buildings of all types. And all of this sacrifice is in order to make, at best, a minuscule contribution to an overstated environmental threat.”

President Barack Obama has routinely used EPA to circumvent Congress to impose severe regulations on farmers, ranchers, other private landowners, fisheries, and the energy sector. Just last week, the agency rushed through approval of new fuel efficiency standards for automobiles more than a year ahead of schedule to thwart any attempts by the Trump administration to stop it. Courts and Congress have objected to and tried to limit EPA’s abuses, but without noticeable success. Once a genuine success story, EPA has become the biggest obstacle to further environmental progress.

Replacing EPA

The solution is to return this authority to the states, replacing EPA with a Committee of the Whole of the 50 state environmental protection agencies.

State EPAs already have primary responsibility for the implementation of the nation’s environmental laws and EPA regulations. With more than 30 years of experience, these state agencies are ready to take over management of the nation’s environment.

Accountable to 50 governors and state legislatures, state EPAs are more attuned to real-world needs and trade-offs. Located in 50 state capitols, they are less vulnerable to the Left’s massive beltway lobbying machine.

The Committee would be made up of representatives from each state. EPA could be phased out over five years, which could include a one-year preparation period followed by a four-year program in which 25 percent of the agency’s activities would be passed to the Committee each year.

Seventy-five percent of EPA’s budget could be eliminated and most of the remainder would pay for national research labs. A small administrative structure would allow the states to refine existing environmental laws in a manner more suitable to protecting our environment without thwarting the development of our natural resources and energy supplies.

Benefits of Replacing EPA

The federal budget for environmental protection could be reduced from $8.6 billion to $2 billion or less. Staffing could be reduced from more than 15,000 to 300. The real savings, of course, would be in reduction of the $1 trillion in annual regulatory costs EPA imposes each year.

This reform would produce a second huge benefit by ending the government’s war on affordable energy. EPA is the principal funder and advocate of global warming alarmism, the myth that man-made climate change is a crisis. That movement would end on the day EPA’s doors shut, allowing Congress to return to taxpayers and consumers a “peace dividend” amount to some of the $4 billion a day currently spent world-wide on climate change.

Dismantling EPA is one part of a comprehensive set of reforms, many of them discussed by Trump and referred to in the GOP platform, to lighten the massive weight of government regulations on the American people. The nation needs a pro-energy, pro-environment, and pro-jobs agenda that recognizes the tremendous value of the natural resources under our feet.

While the rest of the world stumbles blindly in the grip of an anti-energy and anti-freedom ideology, the U.S. can march ahead and regain its place as the world’s economic and technological leader.

The nation’s environment is in terrific shape, thanks to early efforts by EPA and more recent efforts by state governments and businesses. The nation’s economy and environment will be even better if the federal government gets out of the way.

The EPA has long outlived its usefulness. Let’s return its powers to the states, where they belong.

Jay H. Lehr, Ph.D., jlehr@heartland.org, is science director of The Heartland Institute and editor of The Alternative Energy and Shale Gas Encyclopedia. (Wiley, 2016).

[1] See, for example, references in various footnotes to my testimony in 1973 on behalf of the Clean Water Act before the Subcommittee on the Environment of the Senate Committee on Commerce, 93d Cong., 1st Sess., (1973), here: Thomas J. Douglas, Safe Drinking Water Act of 1974 – History and Critique, 5 B.C. Envtl. Aff. L. Rev. 501 (1976),http://lawdigitalcommons.bc.edu/ealr/vol5/iss3/5  andhttp://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1892&context=ealr.

[2] This story is told in many books, including Green Rage: Radical Environmentalism and the Unmaking of Civilization by Christopher Manes (1990), Freezing in the Dark: Money, Power, Politics, and the Vast Left Wing Conspiracy by Ron Arnold, R. (2007), and In a Dark Wood: The Fight Over Forests and the Rising Tyranny of Ecology by Alston Chase (1995).