And You Thought Our Legislature Couldn’t Get More Embarrassing…

When you see a Senate Resolution citing the authority of the 10th Amendment, you can pretty well guess that what follows will be an indignant rant about the right of the state to do what it damn well pleases and screw the federal government.

(I do count myself among those who feel that both the 9th and 10th Amendments have gotten a wholly unwarranted short shrift from the Court, but that’s a more nuanced discussion for another day…)

Indiana State Senator Kruse has proposed a Resolution “urging rejection in the State of Indiana of all unnecessary regulations imposed by the United States Environmental Protection Agency and asserting that the Indiana Department of Environmental Management will provide environmental protections for the citizens of Indiana.”

There’s a sterling example of legislative drafting for you…

Perhaps ALEC or the Koch Brothers or one of Indiana’s coal companies will be so kind as to let us know which federal environmental regulations are “unnecessary”?

And perhaps the Indiana Department of Environmental Management will erect a barrier around the perimeter of the state, to protect us from polluted air and water from elsewhere? (Maybe we can have our own “border security”?)

Now, I realize this is a Resolution, with no legal effect. It’s just the legislative equivalent of a foot-stamping hissy-fit. But really–can’t the General Assembly take a few minutes out of its busy schedule of embarrassing the state to do something about jobs, education, child welfare….something that might actually benefit the citizens who elected them?

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If You Know What You’re Talking About–You’re Out of Order

When does the General Assembly go home? It can’t be soon enough.

Not content with ethical lapses, efforts to control women’s bodies and protect homophobia   (aka “religious liberty”) and bring public education to its knees, the eager beavers at the Statehouse have filed three (count them–three!) bills intended to disable any efforts to protect Hoosier air and water, and to keep those smarty-pants scientific “experts” from making environmental rules.

SJR 12 would amend the Indiana Constitution (these guys just love to screw around with the Constitution) to add a guaranteed right to “employ effective agricultural technology and livestock production and ranching practices.” I’m sure you are as touched as I am by this proposal to give the same sacred protection to livestock production practices as we human animals have with our right to vote and freedoms of speech and religion, and I’m also sure it’s just coincidental that passage of this nonsense will make it very hard for state regulators to protect Hoosiers from factory farm pollution.

Then there’s SB 249. That little gem would prohibit local government from passing ordinances that would control or stop new construction or expansion of livestock operations, factory farms and their accompanying hazards and irritations. The bill is a handy reminder that in Indiana, the General Assembly gets to make the rules for cities and counties. We sure don’t have home rule or anything remotely like it.

Those two bills are bad enough, but the real OMG measure is HB 1351, which will be heard on Tuesday, February 3rd.  The Hoosier Environmental Council calls HB 1351 “arguably the most sweeping effort ever to weaken Indiana’s ability to act in protecting our environment.”

It would void any existing state regulations — whether environmental-related or not — that are not considered to be explicitly authorized by federal or state law. It would make it illegal for regulators (whether environmental regulators or not) from enacting any new regulation unless explicitly authorized by federal or state law. This eliminates the multi-decade discretionary authority that executive agencies have long had….

Stripping away the ability of Indiana’s environmental agency (IDEM) to deal with serious issues is irresponsible and leaves Indiana vulnerable to not being able to timely act to protect its citizens when the legislature is not in session. HB 1351 could have the added effect of paralyzing IDEM in carrying out its existing responsibilities under certain EPA programs out of fear of being sued for going beyond what those federal programs require.

The idea that adopting new environmental safeguards, through respected, technically trained regulatory boards, could hurt Indiana’s economy is also misplaced because there are existing laws that already prevent state agencies, including IDEM, from acting irresponsibly in crafting new regulations. And the Indiana legislature can always repeal or modify regulations that the legislature thinks pose a threat to Indiana’s economy.

I think I remember why Harrison Ullmann used to refer to the Indiana General Assembly as “The World’s Worst Legislature.”

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Why Politicians Like Rokita are More Dangerous–and Anti-American–Than you Think

According to yesterday’s New York Times, pragmatism about climate change is beginning to trump politics at the local level. The article focused primarily on candidates in Florida, where rising sea levels and other consequences of global warming have become too obvious for local Republican candidates to ignore. But the article also quoted Carmel’s Mayor, Jim Brainard, who has defied his national party’s fealty to Big Oil (more than 58% of Congressional Republicans deny the reality of climate change) and who has worked actively to reduce Carmel’s carbon footprint.

“I don’t think we want to be the party that believes in dirty air and dirty water,” Mr. Brainard said, noting that the Environmental Protection Agency was founded under President Richard M. Nixon, a Republican.

Contrast Brainard’s eminently sensible approach with that of Indiana Congressman Todd Rokita, who recently told the Purdue Exponent that claims about global warming are still “under debate,” and that the belief in anthropogenic climate change is “arrogant,” because after all, who are we to think our human activities could change God’s climate?

When asked by a constituent about government subsidies for renewable energy sources like wind and solar, Rokita said that he respects “God’s green earth,” but that the private market should decide which energy sources receive funding.

Evidently Rokita  hasn’t noticed the massive subsidies we taxpayers are providing to the (enormously profitable) fossil fuel industry.

It would be easy enough to dismiss Rokita and the other dogged defenders of the energy status quo as politicians pandering to a know-nothing base. As a 2012 article from Scientific American pointed out, however, these anti-science attitudes not only threaten America’s economic future, they represent a dramatic–and dangerous–departure from traditional American values.

The Founding Fathers were science enthusiasts. Thomas Jefferson, a lawyer and scientist, built the primary justification for the nation’s independence on the thinking of Isaac Newton, Francis Bacon and John Locke—the creators of physics, inductive reasoning and empiricism. He called them his “trinity of three greatest men.” If anyone can discover the truth by using reason and science, Jefferson reasoned, then no one is naturally closer to the truth than anyone else. Consequently, those in positions of authority do not have the right to impose their beliefs on other people. The people themselves retain this inalienable right. Based on this foundation of science—of knowledge gained by systematic study and testing instead of by the assertions of ideology—the argument for a new, democratic form of government was self-evident.

The authors warned that the anti-science posture of contemporary politicians “reflect an anti-intellectual conformity that is gaining strength in the U.S. at precisely the moment that most of the important opportunities for economic growth, and serious threats to the well-being of the nation, require a better grasp of scientific issues.” Anti-science positions occur at both ends of the ideological spectrum, from anti-vaccine activists on the left to climate change deniers on the right.

By falsely equating knowledge with opinion, postmodernists and antiscience conservatives alike collapse our thinking back to a pre-Enlightenment era, leaving no common basis for public policy. Public discourse is reduced to endless warring opinions, none seen as more valid than another. Policy is determined by the loudest voices, reducing us to a world in which might makes right—the classic definition of authoritarianism.

The entire article is well worth reading, but I found this paragraph particularly  compelling:

“Facts,” John Adams argued, “are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” When facts become opinions, the collective policymaking process of democracy begins to break down. Gone is the common denominator—knowledge—that can bring opposing sides together. Government becomes reactive, expensive and late at solving problems, and the national dialogue becomes mired in warring opinions.

When Congressmen like Rokita substitute convenient and uninformed opinion for science and fact, they threaten both our planet and our democracy.

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The Political Climate

This introductory paragraph from an article from Grist reprinted in Mother Jones is incredibly depressing–not just because  one of our major political parties  is controlled by people unwilling to acknowledge accepted science on climate change, but because that unwillingness is symptomatic of the party’s current approach to reality generally.

It’s hard to believe, surveying the GOP field of possible presidential nominees, but back in 2008 the parties were not that far apart on climate change. Sen. John McCain of Arizona, the Republican nominee, backed cap-and-trade for carbon emissions. After joining his ticket, so did Sarah Palin. But back then, lots of Republicans and conservatives also supported an individual mandate to buy health insurance. The Republican Party of 2008 was a big enough tent to include people who admitted demonstrable problems existed and supported free-market-oriented solutions. Not anymore. The rise of the Tea Party movement and the rightward shift of the Republican base and the politicians who pander to it put an end to all that. Whoever is the Republican nominee for president in 2016, it’s a safe bet that he—and yes, it will be a he, as all the leading contenders are male—will oppose taking any action on climate change. Chances are that he won’t even admit it exists.

I don’t believe that all of these candidates are that divorced from reality. It is actually worse: those who know better are willing to ignore the threat of widespread devastation in order to pander to a frightened and uninformed “base.”

I know I sound like a broken record, but what drives me nuts about climate denial is the illogic of the “bet” being placed.

Let’s just say that the science is far less conclusive than it really is. Pretend it’s only 50-50. If policymakers decide to act on the premise that climate change is real, and prove to be wrong, there will have been some up-front costs, but the steps taken to address the problem will clean up the air and water, conserve finite resources and create new industries and jobs. If they decide to ignore the warnings, and they’re wrong, however, the earth will become less habitable. Weather disruptions and climate change will cause devastation, and mass migrations and social upheavals will follow. And that’s the best-case scenario; in the worst case, we wipe out much of humankind.

It’s Pascal’s wager on steroids.

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What Would I Do Without Texas?

As I have noted several times, I owe Texas a debt of gratitude. Whenever I am searching for an example of bad public policy to use in class, the Lone Star State comes through for me.

I thought about Texas’ reliability during a research presentation by one of the teams of students in my graduate Law and Public Affairs class. They had chosen Cap and Trade as the policy proposal they were analyzing, and they began the presentation with a brief history of environmental regulation in the U.S. The student delivering that portion of the presentation noted that federal rules were a response to a couple of the downsides of our federalist system: not only is there often a lack of uniformity, but there are some unfortunate consequences to the fact that states compete with each other to lure businesses and jobs. Before the establishment of the EPA, lack of environmental regulations was one of the “advantages” states offered relocation prospects–“come to our state, and you won’t be bothered by pesky rules keeping you from discharging your toxins in that nearby river.”

Even today, some states allow more pollution than others. According to the student researchers, Indiana is the 7th most polluted state in the country.

Texas, of course, is the worst.

Indeed, Texas Governor Rick Perry has been widely quoted touting his philosophy of economic development, which boils down to:  states wanting to entice business can succeed by reducing or eliminating regulations.

So what if a few fertilizer plants blow up and level some neighborhoods?  So what if polluted air exacerbates asthma and other medical conditions, sickening citizens and driving up medical costs?  So what if the companies most likely to be attracted by an absence of regulation are those looking to evade reasonable standards for safety and environmental compliance?

Diminished health and safety is a small price to pay for job creation bragging rights. Just ask Rick Perry.

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