Whenever I join the environmental debate, as I often do, I'm
reminded of a problem that conservatives always face. The left
regard our environment as their issue, their ideological property.
Whatever ideas we might have, whatever arguments we might offer,
our motives are always suspect. Here as elsewhere, liberals have a
way of turning every rational debate into a contest of emotional
authenticity. Any who would challenge them must first demonstrate
enough "sensitivity" for the liberals' satisfaction.
The absurdity of this posture strikes me every time I come to
Washington. Often I'm here seeking relief for my state from one or
another environmental regulation, edict, or fine. This means
constant haggling with Washingtonians eager to tell me what's best
for Arizona.
It's always fascinating to leave behind my hiking boots and the
mountains of Arizona, and come here to be lectured by "naturalists"
whose rugged trails run through Georgetown, Dupont Circle, and Rock
Creek Park. In fact they seem to revere everything about our state
-- except for the opinions and livelihoods of the people who live
there.
I have been asked to describe a federalist approach to
protecting the environment. Most environmentalists, I suppose,
would regard that juxtaposition as some sort of bold intellectual
synthesis, as if the two ideas were opposites to be reconciled. By
philosophy and instinct, they just equate the environmental cause
with centralized federal power. Tonight, I'll explain why I reject
that connection -- why, in fact, just the opposite is true. I'd
also like to set down some specific proposals for reform and
conclude with my vision of wise environmental reform.
Let's begin in the most basic, common-sense terms.
Federalism is not some elaborate theory of government. It's the
simple insight that most problems are best left to the people
nearest to the problem, people with direct knowledge of the
circumstances. The more you remove the influence of local power,
the more you atrophy the dynamism of local decision making.
Government in a federalist system tends to be more efficient, and
the people tend to be freer.
Environmentalism, stripped of the quasi-religious nonsense that
today often goes with it, amounts in the end to simple stewardship.
At its best, it's the sense all decent people have that with the
natural riches given humanity comes a duty to use them wisely. A
moral duty, a civic duty, but a quite practical one as well.
To me, the connection between these ideas -- stewardship and
self-government -- could not be more apparent. Obviously, we have
to manage our land, water, air, timber, minerals, and wildlife with
care. And just as obviously, that duty is usually best understood
and carried out by the people living upon that land.
Sure, there are exceptions. We all recognize that some resources
and natural treasures are a national responsibility. Historically,
I suppose you could trace this sense of national responsibility
back to 1849, when we established the Department of the Interior.
In fact, we should restore the Department to its staffing level of
1849. It was the first federal department created after 1789, so
its federalist credentials are pretty sound. There is a consensus
as to our national stake in good stewardship, and it is of long
standing.
But if we have this consensus, why is there so much bitterness
to our environmental disputes? As I see it, there are two
reasons.
First, the bitterness, the anger, the endless controversy arise
from the methods by which environmentalists and the federal
government attempt to carry out their aims. Good stewardship, it
seems to me, has to begin with a higher opinion of human nature
than many environmentalists today bring to the matter. There would
be a lot less bitterness if they did not rely so much upon
government dictate and coercion, if they were not always eyeing
their fellow citizens with such deep distrust.
My brand of environmentalism begins with these three
assumptions: Conservation is a public good. Government coercion is
a political evil. And the two things cannot go together.
The other, related reason is that many environmentalists today
have forgotten Theodore Roosevelt's reminder that "conservation
means development as much as it does protection." With Teddy
Roosevelt, I reject the notion that economic development and
environmental stewardship are natural, predestined enemies. In
fact, from modern history I draw exactly the opposite lesson.
Think back for a moment to our first post-Cold War glimpse of
the dead lakes and dying forests of the old communist world. This
was stewardship, socialist style. And yet even today, it's hard to
shake the suspicion that for some environmentalists, the cause is
just a pretext for airing their larger grievances against the free
market. The extreme wing of the environmental movement has been
well described as America's last enclave of socialism. For them,
every new industry seems to pose a menacing ecological threat.
It is the free market that is moving us away from the old
smokestack industries and into the age of the computer, which does
not pollute and is now our prime aid in understanding and
safeguarding the environment. In fact, to free enterprise we owe
all the technologies that today make for a more efficient use of
natural resources. Think of just about anything in modern life
which affords ordinary people comfort, health, peace, and security
-- and you'll find a product of free enterprise. What's more, in
free market economies alone do people even have the wealth,
education, and luxury to sit back to reflect on our duties to
nature. Put another way, how's the environmental movement shaping
up in India or Cuba?
My own belief is that if we can overcome these two problems --
the coercion of government and the snobbery of environmentalists --
Americans can truly come together to meet the challenges of nature.
This is just another way of saying that the best environmental
policy is democracy.
Now let me give you some examples of the kind of problems we've
run into in Arizona. We had one particularly interesting incident
just last week.
Back in the fall, an environmental activist group went to
federal court seeking an order that the Fish and Wildlife Service
come up with critical habitat designations for the Mexican spotted
owl. The judge was Carl Muecke, a retired Federal District Court
judge. He duly issued the order. But there were a couple of
problems. First, the plan Fish and Wildlife came up with, about
four million acres altogether, included Arizona's Prescott National
Forest -- where, literally, no owl had ever been spotted. And
second, between court order and deadline, Congress passed a
moratorium on new federal regulations. Faced with this, the good
judge replied in essence: "Do it anyway!"
So last week, against the will of Congress, the plan went into
effect. Result: All the state's own forest health initiatives must
be put off. We have gridlock in our national forests. In the end we
will destroy these habitats. And Mexican spotted owls now have a
new vacation spot -- only they don't read court orders, and so they
still don't come anywhere near Prescott National Forest.
Congressional will was simply disregarded by one arrogant federal
judge goaded on by a litigious band of environmental zealots.
Someone has observed that deep down in every liberal is a
commissar yearning to be saluted. On our federal benches are the
finest examples of the trait. And with the electoral tide turning
against liberals, the situation may get a lot worse before it gets
better.
Here's another example. I have been urging Congress, and will
again at every opportunity, to repeal the Endangered Species Act.
Why? Because it is a complete disaster -- to the states, the
people, and even the species it was meant to help. Because it has
thrown entire regions of the Western United States into profound
uncertainty. Because, however noble its original aim, in practice
the law has become a tool for radical environmental groups to shut
down entire industries. Even more bewildering, it prevents the wise
management by the states of forest lands, which has led to
pestilence and fire.
The EPA has long been pushing Arizona to adopt what's known as
the California standard of air quality. We've been pushing back, so
the case is still in litigation.
In all its philosophical complexity, our basic argument is this:
Arizona is not California. For example, we have a lot more desert
land than they do. The desert raises up a lot of dust and various
pollen from its unique vegetation. As a matter of fact, we have
found that if the California standard were forced upon Arizona, we
could not meet it even square in the middle of Organ Pipe National
Monument, which is square in the middle of nowhere.
We've also pointed out to the EPA that air quality is an
inconstant thing. When there's construction underway in a given
area, obviously that's going to affect the air quality -- but only
temporarily. So, for example, the EPA will take its measure in
Chandler, where we currently have thousands of new homes under
construction and the largest industrial project on Earth.
I could tell you many more such stories -- I have a collection
of them I'll match with any governor in the Union. Solomon Bridge
near Safford, Arizona, was washed out, requiring people to drive
their kids to school on dangerous roads. The Fish and Wildlife
Service said that they couldn't fix the bridge because of an
endangered minnow that lived in the river beneath the bridge. We
told the people of Safford to go ahead and fix it anyway. They went
into the river and fixed the problem, and nobody has heard a peep
from the Fish and Wildlife Service.
But let me end by trying to sort out the lessons I draw from
these experiences. Given the audacity of environmentalists, and
their cavalier approach to democratic procedures, how can we
restore self-government to environmental decisions?
I believe we need a constitutional amendment imposing term
limits on federal judges: Ten years, and it's time for a good long
hike into the real world. They need to go back and live in the
world they helped create. This would put an end to the scandalous
abuses of our courts by environmental groups, among many other
liberal activist groups that can advance their aims only by
judicial dictate.
That's reform number one. If any of you doubts this can be done,
I would remind you that there is a political revolution going on.
Even if you don't hear it talked about in the U.S. Senate, people
are fed up. We are going to return power to the states. States are
getting ready to receive this power. And we didn't get this far by
thinking small.
My second proposal is purely organizational. We talk loosely of
"federal environmental policy." But, really, there is no single
coherent policy to speak of. What we actually have is a confusion
of federal voices, each barking a different set of orders at each
state and often competing for bureaucratic turf against one
another. In land management the problem is particularly costly and
inefficient.
We have recently read threats of closing national parks and the
reinvention of the Forest Service. Unfortunately, in both instances
the President has offered sophomoric solutions to significant
management problems. The White House and their agencies need to get
out of the box and look at efficient reorganization. They must
accept the challenge of smaller budgets as an opportunity to make
public lands more beneficial to all Americans. Tomorrow I will
offer Congress a deal: You give our State Parks Department
management authority over three of your federal monuments and 90
percent of current funding, and we will run them more efficiently
and, more than likely, make a profit.
The situation today is intolerable. There is too much overlap,
too much rivalry, too much confusion -- and too little actual
service to the public.
I have a third proposal: The President should also streamline
the Environmental Protection Agency. There are approximately 8,000
EPA employees in the regional offices. It is unclear what these
employees do that is not already done by the states. There is
nothing that is done in the regional offices that cannot be done in
the state environmental agencies.
I recognize and agree that there needs to be a functional
liaison between the states and EPA, but I also believe the present
EPA organization is an overly expensive and an increasingly
ineffective way to interact with the states. I propose we eliminate
the regional offices and establish state offices that are
co-located with the primary state agency responsible for the
implementation of the nation's environmental laws. Each state
office would have 25 to 50 federal employees to work with the state
to implement federal laws.
This partnership would allow for programs to be developed once
in partnership rather than developed by each state, only to be
second-guessed by the regional offices. This arrangement would also
allow the federal employees to better understand state issues
because they would be directly involved from the beginning. Even if
each office had 50 employees, this would only be 2,500 nationwide
-- a reduction of over 68 percent from current staffing.
Next, there is the problem of unfunded mandates. Congress, of
course, has done something about this. But, frankly, the central
problem remains. It seems almost too obvious to point out, but the
staggering thing about these mandates is the undemocratic
capriciousness of it all. Hardly anyone even dares question the
practice. Seldom are we even dealing with specific provisions in
the laws Congress has passed.
Over the years, Congress fell into the habit of enacting grand
new laws as confusing in effect as they are high-sounding in name:
the Clean Air Act, the Critical Endangered Species Act, whatever.
And then, well, they just left it for the bureaucrats to sort out
the details. Not surprisingly, the details invariably turn out to
confer greater and greater powers upon the interpreters. Challenged
by citizens thrown out of work by their regulations, or in danger
of losing their property or seeing its value plummet, these various
agencies then seek out like-minded jurists like Judge Muecke. And
so, using yet more public money to litigate, they almost always get
their way. It is truly an insidious practice. The freedom
revolution will not be complete until we put a stop to it once and
for all.
In the long term, we need to scrap the whole irrational
regulatory structure that has been dragging our economy down,
costing us tens of billions of dollars, and ensnaring countless
productive citizens trying to make a decent life for
themselves.
There are tens of thousands of people in Washington whose sole
mission in life is to think up and enforce environmental
regulations. Between these rule-makers and the ruled, there is a
chasm wider than any in the natural world. The folks making policy
are too far removed from the folks living under it. If we are
serious about reform, we will retain only a very few of these
rule-makers, placing statutory limitations on the number of people
each agency may employ. What will become of all the others? Phase
them out, buy them out, do whatever it takes. But it is time for
them to pack up their knapsacks. Somewhere down the trail lies an
honest living.
That's the long term. In the short term, we should apply a
sunset law to all existing federal mandates. After a given period
-- say, five years -- all regulations that are not demonstrably
protecting the health and safety of the American people should be
scrapped.
And one final reform. In some quarters environmentalism is not
merely a cause anymore, but something more resembling a cult. One
reason for this is that, at present, some 30 states have laws
mandating "environmentally conscious" public school curricula.
Arizona had one such law passed in 1990. It required, among other
things, that our children be instructed in "environmentally correct
behaviors" and in various methods of political activism.
We changed that law last year, preferring instead educationally
conscious public schools, free of political indoctrination. I would
urge other states to take a good look at these curricula, which
amount to nothing more than another left-wing power play aimed at
our children. About the last thing our children need right now are
more lessons in airy liberal pieties, ideological half-truths, and
cheap sentimentality masquerading as hard science.
We are critical of the environmental movement of today. But at
the same time, there is much good within it. It comes from a very
noble impulse. Within it are many sincere and idealistic people. We
need such people.
But at least in its political ranks, I often sense that
something is missing from the cause. There is something fearful,
grudging, resentful, and deeply pessimistic about environmentalism
as we hear it advanced. They forget about human ingenuity, the
ability of free people to rise to the problem, to produce more, to
be good stewards of the Earth. They forget human nature, which is
never quite as blind and grasping and brutal as our more fretful
environmentalists seem to assume.
I guess I prefer the term "stewardship" because it captures both
the responsibilities and the opportunities we meet every time we
step into nature's province. It captures both sides of human nature
-- that side which bows before nature and that side which rises to
master it, rises to build homes and cities and lay up stores while
still leaving those spaces of quiet in between. I like it, too,
because it conveys a little bit more humility than we observe among
today's environmentalists. This is the sense of the old saying that
God creates and people merely rearrange; that "Nature, to be
commanded, must be obeyed."
My friends, these are revolutionary times. On this issue, as
elsewhere, the moment has arrived. In place of fear and fretting
and false alarms, we must offer a vision of true stewardship --
reclaiming our nation in every sense. It is not a time to be timid.
The moment has come to reclaim, all at once, the rich endowment
entrusted to America by nature and the freedom entrusted to us by
the Founding Fathers.
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