National Post

Best of luck killing the EPA, U.S. Republican­s

- Eric Roston

The new U. S. president and Congress are t aking a hard look at environmen­tal rules — none harder than a freshman U. S. representa­tive whose new bill would “terminate the Environmen­tal Protection Agency.”

Republican­s have been known to threaten this from time to time, with the understand­ing it was red meat for ideologica­l interests with no real chance of success. “Everybody hates regulation,” said Christine Todd Whitman, a former EPA administra­tor and New Jersey governor, “because it makes you either spend money or change behaviour for a problem you may not see.”

This year, as we all know, is a little different.

Donald Trump has modulated his position on the EPA’s existence since the presidenti­al campaign. And yet the concept that the preeminent guardian of clean air, soil, and water in the U. S. would go the way of the 20th century is now, if nothing else, no longer confined to the realm of fantasy.

Rule- of- thumb holds that once countries pollute their way into economic progress, they’ll pause for a second and check to see if they can still breathe the air and swim in the water. If not, they fix it. China is currently the leading example, with India coming up behind. There are fewer examples of nations unwinding national environmen­tal efforts.

Internatio­nally, the U. S. does pretty well when it comes to protecting its environmen­t and doing its part to combat global climate change. It ranks 26 among 180 nations in the 2016 Environmen­tal Performanc­e Index, a collaborat­ion of the World Economic Forum and Yale University and Columbia University researcher­s. That’s just worse than Canada and a bit better than the Czech Republic.

The EPA sits at the forefront of that accomplish­ment, such as it is. The environmen­tal laws passed under President Richard Nixon, who helped create the agency, have cleaned up the excesses of mid- century American i ndustriali­zation. The laws were written to anticipate new problems, too. While the Clean Air Act doesn’t address climate change-only a small group of scientists, and far fewer if any politician­s, were aware of the question back then-the stat- ute is flexible enough to address new dangers.

In July 1970, the Republ i can president cobbled together the new agency from about a dozen offices distribute­d throughout the federal government. Another dozen functions were reorganize­d into the National Oceanic and Atmospheri­c Administra­tion, the biggest entity within the Department of Commerce. By creating the EPA, “I am making an exception to one of my own principles,” Nixon wrote. “That, as a matter of effective and orderly administra­tion, additional new independen­t agencies normally should not be created.” But in this case, he said, there was no better option.

That many EPA functions predate the agency is one element of the department’s complexity. “( The) EPA is not an entity in the typical Washington agency sense,” said Bill Reilly, the agency’s head under Republican President George H.W. Bush. “It was establishe­d by President Nixon as an amalgamati­on of several different entities, from Interior and Agricultur­e and so forth,” he explained.

Undoing Nixon’s reorgani zation could be accomplish­ed by another Trump executive order, Reilly said. But “what that does not take into account is that every statute I’m aware of specifical­ly confers authority on the administra­tor of EPA to carry them out,” Reilly said. “And that’s true for air, water, safe drinking water, Superfund, toxics, ‘ Tosca’ (the Toxic Substances Control Act, not the opera) — the whole gamut.”

Dismemberi­ng the EPA could require Congress to change 45 years of environmen­tal statutes, a feat that would require an enormous amount of time, organizati­on and political capital.

Jeff Holmstead is a former EPA assistant administra­tor and now a partner at Bracewell LLC in Washington. Charged with the hypothetic­al task of dismantlin­g the agency, he zeroed in on the two dozen or so statutes that assign responsibi­lities to the EPA administra­tor. Most of these laws have “citizen suit provisions” that let Americans sue the agency for not doing its job. “You’d have a huge mess on your hands,” he said.

Shredding the EPA would also hamstring businesses, which rely on the agency for approval and permits. The last Congress demonstrat­ed an expanded appetite for EPA work by amending the Toxic Substances Control Act to include permitting for existing chemicals. “The chemical industry needs EPA to act,” Holmstead said.

Expec t Scott Pr ui t t , Trump’s nominee to run the agency, to preside over an EPA that ( a) continues to exist, and (b) sets to work undoing President Barack Obama’s Clean Power Plan, Clean Water Rule, and reopening carbon pollution rules for new coal plants.

“I would predict with great confidence that those three things will happen,” Holmstead said.

 ?? MARK HUMPHREY / THE ASSOCIATED PRESS ?? Unravellin­g the Environmen­tal Protection Agency would require U. S. Congress to delete nearly half a century of environmen­tal statutes that have come into law.
MARK HUMPHREY / THE ASSOCIATED PRESS Unravellin­g the Environmen­tal Protection Agency would require U. S. Congress to delete nearly half a century of environmen­tal statutes that have come into law.

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