Energy & Environment

Jonathan H. Adler | From the December 2024 issue

The U.S. Environmental Protection Agency (EPA) does not have a typical origin story. Congress did not create it by enacting a statute; President Richard Nixon created it by presidential edict. Perhaps that explains why it's hard to reconcile what the EPA actually does with a robust theory of the federal government's role in environmental protection.

Nixon created the agency in response to a broad sense of environmental crisis in the nation (and a desire to gain partisan advantage). Apocalyptic tracts and sensationalized events, such as the infamous and poorly understood 1969 fire on the Cuyahoga River, fed fears that environmental problems were getting inexorably worse and federal intervention was necessary. Yet before Nixon........

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