Pardon my Latin for corrupt — probably wrong declension.
I’m a bit of an environmental law/regulation geek. Some laws/regulations are complicated and mind numbing; others are simple and almost poetic. The following are three laws which should always be front and center when confronting this maladministration. The battle is in the courts — not the relentless daily declarations that the Perv’s maladministration is doing something horrifying to the environment. They are doing plenty horrifying things in other arenas.
1. American Antiquities Act of 1906
The Perv and Zinke only had someone tell them about section one. They ignored Section two:
Sec. 2. That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fied unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States.
There is nothing in Section Two, et seq. that provides for a subsequent President to reverse or reduce except where a prior proclamation went overboard with a bona fide historically/environmentally significant tract. That argument remains for the courts to decide.
2. The National Environmental Policy Act of 1969 (NEPA)
Congress in 1969 knew how to write a piece of legislation. This short (7 pages on pdf -- the above link is not pdf) act is actually poetic in its protection of our environment. It not only is a controlling document for EPA but for ALL federal agencies. That concept has long since been forgotten but needs to be revived. NEPA is perhaps the most powerful piece of legislation in the progressive quiver.
42 USC Sec. 4331 Congressional Declaration of Environmental Policy
(a)
The Congress, recognizing the profound
impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource
exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and
local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
(b)In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may—
(1)
fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2)
assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings;
(3)
attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(4)
preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(5)
achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
(6)
enhance the quality of renewable
resources and approach the maximum attainable recycling of depletable
resources.
(c)
The Congress recognizes that each
person should enjoy a healthful environment and that each
person has a responsibility to contribute to the preservation and enhancement of the environment.
Don’t ignore definitions (linked) which are often overlooked — they are critical to understanding legislation. E.g. the definition of “person”:
As used in this subsection, the term “person” means the political subdivision of any State or combination or group thereof or any person, corporation, association, or other entity of any nature whatsoever, including instrumentalities of States and political subdivisions.
That’s right — not only are corporations people too, my friend, they are responsible for protecting the environment despite self interest.
3. The Administrative Procedure Act of 1967 (revised 1999)
In particular, besides the definitions section, the most important part is 5 USC Sec. 553 Rulemaking. Please read and comprehend that every newspaper, online, Perv pronouncement about rolling back regulations is not happening immediately. There is a rule making (unmaking) process that starts with Notice in the Federal Register which is published daily; comment period which if too short can be challenged (already done with the Perv maladministration); publication of modified rule which starts the comment period over again or final rule which opens the regulation up to legal challenges in the U.S. District Court for the District of Columbia.
Please pay attention to these laws. They are still on the books while Udall and sane Dems valiantly are trying to stiffen up the Antiquities Act. NEPA, for me, is one of the most powerful laws on the books. It is also one of the most litigated statutes (think simple — snow mobiles in national parks). It is short, in understandable English, and mandates considerations of human health and the environment regarding ALL agency actions. Certain case law has weakened but not destroyed it. It should be the first law considered in any environmental challenge.
The end.