Comprehensive and bi-partisan legislation to address climate change, the Energy Innovation and Carbon Dividend Act of 2018, has recently been introduced in both the House and the Senate. This progress is long overdue. Ronald Reagan, Margaret Thatcher and George H.W. Bush were all calling for action to address climate change 30 years ago. Since then we have seen this important issue fall victim to special interests influence and partisan politics. This legislation will reduce greenhouse gas pollution by placing a modest fee on carbon intensive fossil fuels to spur innovation and encourage the use of cleaner energy sources. The money collected from the carbon fee will then be allocated in equal shares every month to the American people to spend as they see fit. The government would not keep any of the money from the fee. If passed, this revenue neutral and market friendly policy will reduce America’s emissions by at least 40% within 12 years. It will also give America’s energy sector the regulatory predictability it needs to plan its future investments. This approach has strong support from economists and scientists as a simple, comprehensive, and effective climate solution. Current co-sponsors of the House bill, H.R. 7173, include Representatives Brian Fitzpatrick (R-PA), Francis Rooney (R-Fl), Dave Trott (R-MI), Charlie Crist (D-FL), Ted Deutch (D-FL), John Delaney (D-MD), Anna Eshoo (D-CA), Judy Chu (D-CA), Dan Lipinski (D-IL) and Scott Peters (D-CA). Current co-sponsors of the Senate bill, S. 3791, are Jeff Flake (R-AZ) and Chris Coons (D-DE). While many conservatives in Congress privately recognize the need to address climate change, they have been reluctant to take a stand publicly. A...
On November 19, CRS filed amici curiae briefs supporting lawsuits against the Trump administration over its dramatic rollback of Bears Ears and Grand Staircase-Escalante national monuments in Utah. These briefs were filed in opposition to the administration’s motions to dismiss the cases. CRS argues that the Antiquities Act, which provides presidents with specific authority to establish national monuments, in no way authorizes them to diminish or undo previously established monuments. Under that law—and the U.S. Constitution—such two-way authority rests only with Congress. “We have always maintained that these national monument rollbacks are illegal. The Antiquities Act was enacted exclusively to protect America’s natural and cultural heritage, it in no way confers authority on the president to diminish or destroy it,” said CRS president David Jenkins. In the early 1900s our nation faced a serious problem with the rampant looting and destruction of historic and scientifically important artifacts on public lands, much of which was done to turn a quick buck. Time after time, Congress failed to act quickly enough to preserve them. With the Antiquities Act, Congress responded to that problem by specifically granting the president authority to protect these resources by designating national monuments. There was never any thought of giving presidents the authority to unprotect. Trump’s claim to the contrary is ludicrous. It is also worth noting that the Antiquities Act, and its subsequent use to safeguard America’s national treasures, has a rich conservative heritage. It was passed by a Republican Congress and signed into law by Republican president Theodore Roosevelt. Sixteen Presidents (8 Republican and 8 Democrats) have since used its authority to create national monuments....
The Trump administration’s unprecedented rollback of Bears Ears and Grand Staircase Escalante national monuments in Utah—along with signals of more monument slashing to come—has generated strong pushback from conservatives. In addition to CRS, Citizens of the Republic (founded by Ronald Reagan), and the Green Tea Coalition have rallied to the defense of America’s national monuments–all coordinating their efforts as part of the American Monuments Alliance. In addition, numerous conservative legal scholars have challenged the administration’s rollbacks as unlawful and unconstitutional. Even more telling, recent polling shows that the vast majority of conservatives oppose the administration’s national monument rollbacks. For example, a national poll by McLaughlin & Associates late last year found that 85 percent of Republicans nationwide support keeping existing national monument designations in place or increasing their number. Safeguarding important parts of America’s natural and cultural heritage has always been conservative. As President Reagan once noted, “What is a conservative after all but one who conserves.” Prudence, tradition, and selfless concern for future generations are all hallmarks of genuine conservatism. Those on the political right who betray those values are not conservative. It, therefore, makes sense that a Republican, John F. Lacey (IA), wrote the 1906 law authorizing the designation of national monuments, that it was passed by a Republican Congress, and that is was signed into law by a Republican president, Theodore Roosevelt. That purpose of that law, the Antiquities Act, was to prevent the looting, vandalism, and other harmful exploitation plaguing important areas of cultural or natural significance. Devils Tower, Montezuma Castle, Petrified Forest, Muir Woods, and the Grand Canyon were among the first places protected...
Over the past year, our public lands and waters have been under siege like never before. National monuments, the Arctic Refuge, sensitive coastal areas, have all had their protections removed. Countless other public land protections and environmental safeguards have been scrapped. Soon we may be adding the selloff of our public lands to that list. The Trump administration’s recently leaked infrastructure document, titled “Funding Principles,” appears to call for selling off America’s great outdoors to special interests as a way of funding its infrastructure goals. In the section titled Disposition of Federal Real Property, it “would establish through executive order the authority to allow for the disposal of Federal assets.” If enacted, President Trump and/or Secretary Zinke would be able to sell our publicly owned lands as they see fit. Apparently, it does not matter that during the campaign both Trump and Zinke claimed to oppose any efforts to sell or otherwise transfer America’s public lands. This is something CRS will be monitoring...
With his recent announcement in Utah that he intends to dramatically slash Bears Ears and Grand Staircase Escalante national monuments, President Trump has crossed the threshold from ill-advised rhetoric to illegality. While this is the clear consensus of legal minds from across the political spectrum, conservative lawyers and experts well steeped in the U.S. Constitution are sounding some of the loudest alarms. A new legal paper from Bruce Fein, an associate deputy attorney general under President Reagan, and W Bruce DelValle—both partners at the firm Fein & DelValle PLLC—makes the case that Trump’s actions are not simply illegal, they are unconstitutional. Fein and DelValle point out that in crafting the Antiquities Act, which grants presidents the authority to establish national monuments, Congress never “intended to crown the President with discretion to revoke or materially diminish or alter the management of an existing national monument.” They go on to explain that Congress was careful to make sure that nothing in the language of the Antiquities Act delegates “legislative power to the President to revoke or to materially disturb prior presidential national monument declarations.” In fact, the ability of Congress to delegate legislative authority to the president is limited under the constitution, which is why that authority must be explicit and provide “intelligible standards to restrain executive discretion.” The implications of President Trump attempting to overstep the limits of his power by rolling back national monuments extend well beyond the harm caused to the monuments themselves—and our natural and cultural heritage that they protect. This move threatens to erode the separation of powers on which our democracy is founded. It represents...
“I believe in a sound, strong environmental policy that protects the health of our people and a wise stewardship of our nation’s natural resources.” – President Ronald Reagan Those words were spoken at a time when our elected leaders, regardless of party or faction, truly believed American natural resources were worth fighting for. Clean water and clean air were priorities along with good health and safe communities. Today our Nation is suffering from a lack of responsible environmental leadership, especially on the political right. We need more conservatives willing to show leadership and take a stand to preserve America’s natural heritage and security. U.S. Representatives Ryan Costello and Brian Fitzpatrick showed that leadership when they voted against riders to the federal budget that would have blocked new U.S. Bureau of Land Management and U.S. Environmental Protection Agency rules to cut natural gas waste and methane pollution. That is why Conservatives for Responsible Stewardship is thanking Reps. Costello and Fitzpatrick for their leadership with a print and digital ad campaign. Now it is time for other elected officials, at the state and federal level, to join them in support of commonsense policies that protect American resources and our environment. In fact, the attack on federal methane rules is not unlike the fight happening now in the Pennsylvania legislature where legislators are trying to pass budget riders that could block air quality permits that reduce methane emissions and other pollution. Unfortunately, natural gas waste and methane pollution is a big problem in that state. In fact, Pennsylvania oil and gas operators emit more than 110,000 tons of methane every single year...
