The polar bear juggernaut
RealClearPolitics - Articles - March of the Polar Bears
Now that polar bears are wards of the government, and now that it is a legal doctrine that humans are responsible for global warming, the Endangered Species Act has acquired unlimited application. Anything that can be said to increase global warming can — must — be said to threaten bears already designated as threatened.
Want to build a power plant in Arizona? A building in Florida? Do you want to drive an SUV? Or leave your cell phone charger plugged in overnight? Some judge might construe federal policy as proscribing these activities. Kempthorne says such uses of the act, unintended by those who wrote it in 1973, would be “wholly inappropriate.” But in 1973, climate Cassandras were saying that “the world’s climatologists are agreed” that we must “prepare for the next ice age” (Science Digest, February 1973). And no authors of the Constitution or the Fourteenth Amendment intended to create a “fundamental” right to abortion, but there it is.
No one can anticipate or control the implications that judges might discover in the polar bear designation. Give litigious environmentalists a compliant judge and the Endangered Species Act might become what New Dealers wanted the National Industrial Recovery Act of 1933 to be — authority to regulate almost everything.
Date posted: Thursday, May 22nd, 2008 4:18 pm | Under category: American patriot topics, Big Brother/Nanny State, Danger to the US, Junk Science, constitutional issues, control freaks, economy, global warming, increase taxes, politically correct, politics
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