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Gigantic expansion of regulation through litigation



Via NAM, Kimberly Strassel sounds the alarm on the energy bill pending in the Democratic House, written by environmental Luddites:

But the big prize was an unprecedented new power allowing green groups to micromanage U.S. lands. That section creates "a new national policy on wildlife and global warming." It would require the Secretary of the Interior to "assist" species in adapting to global warming, as well as "protect, acquire and restore habitat" that is "vulnerable" to climate change. This is the Endangered Species Act on steroids. At least under today's (albeit dysfunctional) species act, outside groups must provide evidence a species is dwindling in order for the government to step in. This law would have no such requirements. Since green groups will argue that every species is vulnerable to climate change, the government will be obliged to manage every acre containing a bird, bee or flower.

It's a green dream come true, carte blanche to promulgate endless regulations barring tree-cutting, house-building, water-damming, snowmobile-riding, waterskiing, garden-planting, or any other human activity. The section is vague ("protect," "assist," "restore") precisely so as to leave the door open to practically anything.

Strassel also documents how moderate Democrats were purged from the House Resources Committee for being too willing to protect property rights.

Subtitle D of Title IV of HR 2337 is the critical provision.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.