HexBroke [any, comrade/them]

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Joined 11 months ago
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Cake day: December 24th, 2023

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  • Nixon didn’t have a choice around creating an EPA because the situation was so bad, and rejected the relevant commission’s recommendation.

    The agency was independent in the sense that it was placed outside the formal jurisdiction of any other agency, but unlike a truly independent agency, its administrator and assistant administrators were to serve at the President’s pleasure and formally report to the President through OMB.

    The agency’s pollution control jurisdiction was not combined with any of the federal government’s natural resource management authority, but neither was the pollution control dimension of that management authority surrendered to the new agency.

    For instance, the President did not transfer to EPA all of the Department of Agriculture’s jurisdiction over pesticide regulation. The Army Corps of Engineers also retained jurisdiction to regulate certain types of environmentally harmful activities occurring within the nation’s traditional navigable waters.

    In addition, at the same time that the President proposed the creation of EPA, he counterbalanced it with the creation of the National Oceanic and Atmospheric Administration (“NOAA”) and National Industrial Pollution Control Council (“NIPCC”) within the Department of Commerce. Commerce’s pro-business perspective, the President believed, would minimize the chance of NOAA impeding economic activity within the coastal zone.

    NIPCC was made up of senior officials of major domestic corporations and trade associations and was designed to provide an authoritative source within the government on the adverse economic impact of pollution control. Working with OMB, NIPCC was intended to provide the President with an institutional mechanism for maintaining control over EPA.

    The average vote in favor of major federal environmental legislation during the 1970s was 77 to 5 in the Senate and 331 to 30 in the House.

    As one legislator put it in describing his reluctant vote in favor of safe drinking water legislation in 1974, “[a]fter all, if one votes against safe drinking water, it is like voting against home and mother.”