Boston Herald

Energy policy gets a fresh start

Days of EPA’s overreach coming to an end

- By MACKUBIN T. OWENS Mackubin T. Owens is the academic dean of the Institute of World Politics in Washington, D.C. and the editor of Orbis, the quarterly journal of the Foreign Policy Research Institute.

A cornerston­e of the Obama administra­tion’s energy policy was a very open war on fossil fuels. Coal was the most prominent target, but oil and natural gas were not far behind. While taking credit for declining oil and gas prices largely driven by increased supply resulting from hydraulic fracturing (“fracking”) and directiona­l drilling, the administra­tion did all in its power to hamstring these methods of extracting oil and gas. Its instrument of choice was the Environmen­tal Protection Agency (EPA), which used rules of questionab­le legality to burden energy producers. The Obama administra­tion also opposed the Keystone XL pipeline intended to transport oil from Canadian oil sands to refineries on the Gulf Coast as well as the Dakota Access Pipeline.

Things have certainly changed under President Trump. Shortly after his inaugurati­on, the new president signed executive orders aimed at reviving both pipelines and expediting environmen­tal reviews of other infrastruc­ture projects. Claiming that “the regulatory process in this country has become a tangled-up mess,” he criticized the “incredibly cumbersome, long, horrible permitting process” for oil and gas.

The Obama administra­tion’s justificat­ion for rejecting the Keystone XL pipeline was a masterpiec­e of dissemblin­g and obfuscatio­n. According to the administra­tion, the decision was driven primarily by concerns about “global warming.” The administra­tion also downplayed the number of jobs that Keystone would create.

These justificat­ions for rejecting Keystone help to explain Trump’s electoral victory in 2016. The Democratic Party once claimed to be the party of the working class. Unions have traditiona­lly been the party’s most important constituen­cy. But with its Keystone decision, the Obama administra­tion made it clear that the Democratic Party put the concerns of bi-coastal “environmen­talists” over the interests of workers, many of whom defected to Trump, helping him to win such reliably Democratic states as Pennsylvan­ia and even Michigan.

Perhaps even more significan­tly, President Trump nominated — and the Senate confirmed — a prominent critic of the EPA, Scott Pruitt, to head the agency. During the Obama presidency, no federal agency more clearly represente­d executive overreach than the EPA. When President Obama was unable to get his climatecha­nge agenda through a Democratic Congress, he ordered the EPA to impose it on the 50 states by executive regulatory decree.

The bureaucrat­s of the EPA happily complied, radically reinterpre­ting the law and imposing on U.S. energy producers an abusive and extremist “green” agenda that lacked any sound statutory basis. The result: bureaucrat­ic monstrosit­ies such as the Clean Power Plan — essentiall­y a mandate to put the coal industry out of business — and the “carbon endangerme­nt rule.” As Oklahoma’s attorney general, Pruitt came to prominence by suing to block many of the EPA’s major environmen­tal rules and as EPA administra­tor he is likely to reduce much of this lawless agency’s authority.

These developmen­ts are good news for Americans. Obama’s war on fossil fuels was in fact a war against American citizens, especially the poor, who spend a larger proportion of their income on basic expenses such as energy and food — the price of which is affected by the cost of energy. The Obama administra­tion sought to increase the cost of energy produced by fossil fuels while subsidizin­g “green” energy sources such as wind and solar. The Obama approach constitute­d a transfer of wealth from poor and middle class consumers to wealthier purveyors of green energy, the very essence of crony capitalism.

Human life is all about trade-offs. Economic prosperity is a good. A clean environmen­t is good. The Obama administra­tion deferred to those who would assign an infinite value to the environmen­t at the cost of economic prosperity. Thus the overreach of the EPA and the rejection of the Keystone XL pipeline. The incoming Trump administra­tion appears to seek a balance between a clean environmen­t and a prosperous American people. In the real world, this is the best possible outcome.

 ?? AP PHOTO ?? PIPELINE PROTEST: Dakota Access foes leave mess.
AP PHOTO PIPELINE PROTEST: Dakota Access foes leave mess.

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