Support H.R. 861 to Abolish the EPA

Support H.R. 861 to Abolish the EPA
by JBS President Emeritus John F. McManus

The Environmental Protection Agency (EPA) has been bedeviling Americans since 1970. Many have felt the sting of its steep fines, heavy costs to comply with questionable edicts, and occasional shutdowns of factories whose owners simply throw in the towel. “It’s all worth it,” say most environmentalists. “We’ve got to have clean air and clean water, and if there are casualties along the way, so be it.”

H.R. 861 has been introduced to abolish the EPA (Image from Wikimedia Commons, photo by Casey Deshong, FEMA Photo Library).

Perhaps the most common attitude expressed by determined environmentalists is that, like it or not, EPA’s laws have to be obeyed. Add to that the oft-repeated claim “once a law is on the books, everyone must comply.”

But there’s a fundamental problem underlying this thinking. It is that the EPA didn’t result from a properly enacted law passed by Congress, a route required by the very first sentence in the U.S. Constitution. This regularly ignored dictum states, “All legislative power herein granted shall be vested in a Congress of the United States….” If you understand the meaning of “all,” you can readily see that the constitutional intent left no openings for other ways to make law. The EPA’s birth didn’t arise through use of congressional law-making power. It resulted from a December 2, 1970, Executive Order penned by President Richard Nixon.

Congress had already passed legislation known as the Clean Air and Clean Water Acts. Then came the EPA. Once in the books via the Nixon executive order, the EPA (a swiftly growing federal bureaucracy) took over enforcement of those measures. The agency’s reach has grown exponentially over the years. In the mid-1970s, a U.S. Steel plant in Indiana faced enormous EPA-promulgated fines and chose to close down with the loss of 500 jobs. Kennecott and Consolidated Copper also closed down for similar reasons. Numerous other firms did likewise. Where fines had to be paid to call off the dogs of the EPA, some companies raised their prices and passed along those additional expenses to the general population.

The EPA then targeted the automobile industry. EPA lover Al Gore (who almost became President via the 2000 election) chimed with his astounding 1992 book Earth in the Balance. Among other excesses, it called for “completely eliminating the internal combustion engine over, say, a 25-year period.” That means automobiles and trucks. Gore still uses both.

In 1989, Stanford University Professor Stephen Schneider, an EPA cheerleader, spoke of the “ethical” problem surrounding any defense of environmental claims. He addressed the need to get some “broad-based support, to capture the public’s imagination.” How to do that? He stated:

So we have to offer up scary scenarios, make simplified dramatic statements, and make little mention of doubts we might have. Each of us has to decide what the right balance is between being effective and being honest.

The EPA started its crusade with arbitrary dictates regarding air and water. It then spread into issuing rules regarding land use, endangered species, waste disposal, radiation, and supposed global warming (now termed “climate change”). By 2016, the EPA had 15,376 employees and an annual budget of $8 billion. It continues to grow.

To counter all of this, freshman Congressman Matt Gaetz (R-Fla.) has introduced H.R. 861, a measure seeking total abolition of the EPA. His entire bill, a single sentence, reads: “The Environmental Protection Agency shall terminate on December 31, 2018.” A former veteran state legislator, he claims to have had “a front row seat to the failures of the federal government in protecting the environment.” Noting that “the American people are drowning in rules and regulations promulgated by unelected bureaucrats,” he proposes that there’s no need whatsoever for the EPA and sensible environmental protection should be handled at state and local levels.

H.R. 861 deserves support in Congress and among the American people, especially those who believe in a government limited by the U.S. Constitution.

Take action by calling your representative (202-225-3121) and senators (202-224-3121) to cosponsor this bill to abolish the unconstitutional Environmental Protection Agency. 

Are you receiving our free weekly e-newsletter? Sign up today! Be sure to also get our free Top Daily Headlines from The New American.


McManus_2Mr. McManus served in the U.S. Marine Corps in the late 1950s and joined the staff of The John Birch Society in August 1966. He has served various roles for the organization including Field Coordinator, Director of Public Affairs, and President. Mr. McManus has appeared on hundreds of radio and television programs and is also author of a number of educational DVDs and books. Now President Emeritus, he continues his involvement with the Society through public speaking and writing for this blog, the JBS Bulletin, and The New American.


Australia Leads the Way; America Should Follow

Australia Leads the Way; America Should Follow
By JBS President John F. McManus

Three years ago, the Australian government led by Prime Minster Julia Gillard bowed to the questionable claims of environmentalists and imposed a carbon tax on large companies. Any company releasing carbon dioxide into the atmosphere was required to fork over a hefty penalty per ton of emissions. However, on July 17, 2014, the Australian Senate followed the lead already taken by the nation’s House and approved a measure repealing this onerous tax.

Prime Minister Tony Abbott, who succeeded Gillard in 2014, saluted the legislature’s wisdom. He had campaigned for the office on a pledge to do away with the assault on carbon dioxide emissions. Repeating what he stated in his campaign, he called the now-cancelled measure a “useless destructive tax, which damaged jobs, which hurt families’ cost of living, and which didn’t actually help the environment.” As expected, opponents of the repeal insisted that doing away with the carbon tax would adversely impede efforts to address climate change, the new label for what was formerly known as global warming.

Only a few weeks earlier here in the United States, President Obama endorsed a plan created by the Environmental Protection Agency to have states devise plans to reduce the amount of carbon emissions produced by coal-fired power plants. Approximately 40 percent of the electric power generated in the U.S. comes from burning coal. If the EPA’s regulations are imposed, the effect on energy production nationwide will be enormous, and the loss of jobs by coal miners and others in coal-producing areas will be catastrophic. So, too, will jobs be lost when the cost of energy formerly generated by coal skyrockets.

Addressing the EPA plan, Senator Lamar Alexander (R-Tenn.) stated, “The Obama administration must think our country … can operate on windmills.” Senator Joe Manchin (D-W.Va.) said of the EPA’s targeting of carbon dioxide emissions stated: “Never before has the federal government forced an industry to do something that is technologically impossible.” He added: “If these regulations go into effect, American jobs will be lost, electricity prices will soar, and economic uncertainty will grow.”

The great bugaboo targeted by environmentalists and the EPA, of course, is carbon dioxide. No one doubts that burning coal to produce energy puts the substance into the atmosphere. But when pressed to address the scientific fact that carbon dioxide is absolutely essential for plant growth and therefore a definite good, the fright peddlers seek to change the subject into claims about rising sea levels, droughts, and severe weather outbreaks – all supposedly resulting from human activity and carbon dioxide.

Australia has shown the way. Prime Minister Tony Abbott is correct about the effects of the carbon tax in his country. The same effects would be seen here. But proponents of a similarly destructive measure would have the U. S. impose its own counterproductive tax on carbon dioxide emissions. U.S. leaders don’t like to admit that anything can be learned from some other country. But if enough Americans merely inform our officials what Australian officials have just done, the damage a carbon tax and the related war on coal can be avoided.