Modernizing the EPA: A Blueprint for Congress
Forward
Kent Lassman, President of the Competitive Enterprise Institute
President Richard Nixon established the Environmental Protection Agency (EPA) through the Reorganization Plan No. 3 of 1970. At the time. the quality of the environment in America had suffered and the public was taking notice.
There are so many negative stories today about the environment that one might mistakenly believe our air and water is as dirty as it was more than 50 years ago. Yet there have been dramatic improvements, especially when it comes to air quality. The EPA deserves our gratitude because it has done a significant amount of good work.
However, the agency is also a prime example of what is so broken with the administrative state. The agency is constantly seeking to expand its power, ignoring basic principles such as the rule of law, property rights, and federalism. It frequently promulgates rules without properly considering the costs of its actions or whether its actions might do more harm than good. More than half a century after its conception, the EPA is in need of a drastic overhaul.
Congress has authorized a national regulator for major areas of the environment. Everyone should expect that institution to do its job well, only do the job Congress tells it to do, and adapt to new information. Yet the EPA regulates as if drastic improvements have not been made, regularly ignores the will of Congress, asserts questionable statutory authority, and overreaches in ways that would have been unimaginable as recent as a decade ago, such as efforts to kill off gas-powered cars.
For decades, agency leaders have claimed a mantle of sound science. However, they frequently fail to recognize the many flaws in the science the EPA relies upon and they are antagonistic to efforts to improve transparency.
Modernizing the EPA: A Blueprint for Congress is a plan with specific recommendations to put the EPA on track. The Blueprint is focused on genuine environmental issues and strictly adheres to the proper scope of legal authority for the agency.
A modern and effective EPA requires action from Congress. We point toward potential amendments to the underlying environmental statutes that the agency administers and implements, from the Clean Air Act and Clean Water Act, to the Toxic Substances Control Act.
At CEI we have shelves of books on environmental law, liability, risk assessment, and the EPA. What you hold in your hands stands out and is different because it is designed for legislators serious about improving the environment, reshaping the lead agency responsible for environmental regulation, and the law that authorizes its scope of activity. Created with the help of dozens of experts in law, economics, science, and government, the Blueprint provides context and background for every recommendation without overwhelming the reader.
We know that before we can improve the environment in a thoughtful manner, we must have ideas that policymakers can implement.
Modernizing the EPA is a huge challenge. This Blueprint demonstrates that it is possible and with a focus on tangible steps for Congress, shows how to begin. We owe it to ourselves and to all those who come after us to create a modern environmental regulator.
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