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Archive for the ‘Environmentalism’ Category

When writing about the Golden State, I generally focus on fiscal policy. After all, California is trying to become the France of America by imposing punitive tax rates and continuously expanding the burden of government spending.

And since this leads to the loss of jobs and competitiveness, California offers a helpful reminder that bad policy has consequences.

But let’s now look at another example of misguided policy in California. The state is suffering a drought, which obviously isn’t the fault of state lawmakers, but policies imposed by those lawmakers are turning the drought from a problem to a crisis.

The Wall Street Journal opines on the issue.

The liberals who run California have long purported that their green policies are a free (organic) lunch, but the bills are coming due. Lo, Governor Jerry Brown has mandated a 25% statewide reduction in water use. Consider this rationing a surcharge for decades of environmental excess. …During the last two winters amid the drought, regulators let more than 2.6 million acre-feet out into the bay. The reason: California lacked storage capacity north of the delta, and environmental rules restrict water pumping to reservoirs south. …no major water infrastructure project has been completed in California since the 1960s. Money is not the obstacle. Since 2000 voters have approved five bonds authorizing $22 billion in spending for water improvements. Environmental projects have been the biggest winners. …studies show that mandates and subsidies for low-flow appliances like California’s don’t work because people respond by changing their behavior (e.g., taking longer showers). Despite the diminishing returns, Mr. Brown has ordered more spending on water efficiency.

In other words, the government-run system for collecting and distributing water is suffering because of a failure to generate enough supply and because non-price mechanisms aren’t very effective at limiting demand.

So what would work?

The WSJ suggests market-based pricing.

And the good news is that it is a small part of the Governor’s new proposal.

The most proven strategy to reduce water consumption is market pricing with water rates increasing based on household use. …To his credit, the Governor has instructed the State Water Resources Control Board to develop pricing mechanisms… Not even Gov. Brown can make it rain, but he and other politicians can stop compounding the damage by putting water storage, transportation and market pricing above environmental obsessions.

By the way, it’s worth noting that market-based pricing is actually the most effective way of achieving the environmental goal of conservation.

So if you want more water for fish, make sure it’s priced appropriately.

To elaborate on this topic, Megan McArdle, writing for Bloomberg, explains that subsidized water encourages overuse.

California’s problem is not that it doesn’t have enough water to support its population. Rather, the problem is that its population uses more water than it has to. And the reason people do this is that water in California is seriously underpriced… While the new emergency rules do include provisions for local utilities to raise rates, that would still leave water in the state ludicrously mispriced. …the average household in San Diego pays less than 80 cents a day for the 150 gallons of water it uses. …Artificially cheap water encourages people to install lush, green lawns that need lots of watering instead of native plants more appropriate to the local climate. It means they don’t even look for information about the water efficiency of their fixtures and appliances. They take long showers and let the tap run while they’re on the phone with Mom. In a thousand ways, it creates demand far in excess of supply.

Megan agrees with the WSJ that market-based prices are far more effective in controlling demand than non-market restrictions and mandates.

Having artificially goosed demand, the government then tries to curb it by mandating efficiency levels and outlawing water-hogging landscaping. Unfortunately, this doesn’t work nearly as well as pricing water properly, then letting people figure out how they want to conserve it.

And while it may be a challenge to figure out the “market rate” when water is being provided by a government monopoly, it’s safe to say that this rate is a lot higher than it is today.

…we could set some minimum amount of water that would be sold at a very cheap rate, with any excess charged at market rates to reflect the actual supply and the cost of providing it. This would be hugely unpopular with homeowners who have big lawns as well as with farmers.

There’s a semi-famous saying that “if you want less of something, tax it; if you want more of something, subsidize it.”

I don’t know if somebody famous uttered that phrase, or something like it, but the point is correct.

The bottom line is that subsidies encourage over-utilization, inefficiency, and insensitivity to price. That’s true for health care and higher education, just as it’s true for water.

Now let’s look at a video that helps illustrate the damaging impact of subsidies.

It’s not completely applicable because water isn’t sold by profit-making companies, but this video from Marginal Revolution explains how consumers will demand a much greater quantity of a product when the price is artificially low because of subsidies.

Indeed, the video even uses California water as an example.

P.S. The MRU videos are superb tutorials. In prior posts, I’ve shared videos explaining how taxes destroy economic value and highlighting the valuable role of market-based prices, and they’re all worth a few minutes of your time.

P.P.S. Shifting from substance to California-specific humor, this Chuck Asay cartoon speculates on how future archaeologists will view California. This Michael Ramirez cartoon looks at the impact of the state’s class-warfare tax policy. And this joke about Texas, California, and a coyote is among my most-viewed blog posts.

P.P.P.S. Paul Krugman has tried to defend California’s economic performance, which has made him an easy target. I debunked him earlier this year, and I also linked to a superb Kevin Williamson takedown of Krugman at the bottom of this post.

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Remember Solyndra, the festering symbol of green-energy corruption that resulted in hundreds of millions of dollars of taxpayer money being flushed down the toilet?

And that was just one example. Based on the ratio of energy produced compared to insider enrichment, the entire green-energy racket is a sleazy boondoggle.

For taxpayers, this is a lose-lose situation. They pay to line the pockets of green donors, and they also suffer as government intervention diverts resources in ways that reduce jobs and economic output.

But look at the bright side. Every so often, some of the insider crooks get caught with their hands in the cookie jar.

In a column for the Washington Examiner, the invaluable Tim Carney highlights some of the insider sleaze that led to the resignation of Oregon’s Democratic Governor.

When a love affair begins with shared dreams of solar panels and fantasies of switchgrass, it shouldn’t surprise us that it leads to tears, resignation and federal investigations. Such is the love story of Oregon’s former governor John Kitzhaber and his fiancée, Cylvia Hayes.

Yup, it appears that Ms. Hayes cashed in on her relationship with the governor.

Hayes…described herself as a “policy adviser to Gov. John Kitzhaber on the issue of clean energy and economic development.” Hayes simultaneously ran a consulting firm called 3E Strategies….Demos was pushing governments to use a new measure of the economy — the Genuine Progress Indicator — in place of Gross Domestic Product. They hired Hayes to aid in this push. Soon, Kitzhaber adopted GPI as a new measure for state policies.

Sounds like pay-to-play, which is so typical of government.

But the GPI scam is just the tip of the iceberg.

…federal investigators are looking into Hayes’s work for companies that profited from Kitzhaber’s green policies. …Green energy deserves more scrutiny than the average industry, because so many of its technologies, being unprofitable and inefficient, depend on government subsidies for their very survival. One Hayes client was a California-based company called Waste to Energy Group. Hayes picked up Waste to Energy as a client in 2011 — after becoming first lady — as the company sought a contract for converting landfill gas into energy. …Mary Rowinski, a governor’s office employee, worked for Hayes. Hayes used Rowinski to set up her meetings with Waste to Energy. …Federal investigators probing the Hayes and Kitzhaber case are also seeking state agency contacts with the Oregon Business Council. The Business Council is a corporate lobby group, and a client of Hayes. …The important lesson is that the more you intertwine business and government, the more opportunities you create for cronyism. And green energy is fertile ground for such problems.

Tim’s lesson is spot on.

When you get big government, you get big corruption.

So how do we reduce sleaze in the political system.

Jay Cost, writing for the 2017 Project, urges an aggressive focus on fighting corruption.

…an anticorruption agenda should be integral to reform conservatism. First, reform conservatism is self-consciously oriented to the middle class, and political corruption works against the interests of the middle class. Usually the product of connections between interests and politicians, it favors the well-connected. The typical insurance agent, bakery owner, or office manager lacks such contacts. Second, an anticorruption agenda challenges the liberal belief that ever more government is good for the middle class. The left wishes to cast itself as defender of middle America and conservatives as champions of the elite. A full-throated attack on cronyism in the distribution of public favors would help conservatives fend off this accusation.

And he recognizes that “legal” corruption is just as big of a problem – perhaps even bigger – than “illegal” corruption.

…there is another form of corruption, an “honest” kind. Politicians see an opportunity to use their public authority to favor some private interest—be it the lobby for some commercial group, a wealthy donor, maybe themselves—and they take it. Often, no law is broken, but the public trust is nevertheless violated. James Madison understood corruption from this perspective—as including but not limited to illegal and venal activity.

So what’s the solution to the legal and illegal sleaze in Washington?

Cost seems to recognize that big government has enabled more corruption.

The legislative power has expanded most in three areas not prominently considered by the Founders: the promotion of economic development, the regulation of the economy, and the provision of social welfare benefits. For Congress, developing the national economy has long meant pork barrel politics. Members love to send money back to the district for improvements to rivers and harbors, for roads, railroads, airports, and so on. They want defense spending similarly distributed. The tax code is another place where Congress, in the name of economic growth, favors special interests. …And on top of this, a vast array of corporate welfare programs, like the Export-Import Bank, pay off various groups.

But he seems to think big government is now inevitable, and perhaps even desirable.

…one of the premises of the new reform conservatism is an acknowledgment that the federal government has a legitimate and potentially beneficial role to play in economic development, health care, education, and so on.

So his proposed reforms are rather tepid.

One goal should be to make it harder for members of Congress to cut deals with special interests. …Committee and subcommittee chairs should be required to obey stricter rules concerning conflicts of interest. They should not be allowed to accept money from interest groups with business before their committees. …the temporary lobbying ban on former members of Congress, now two years, should be extended and its loopholes closed. …Given the highly technical work that senior legislative staffers perform, they are grossly underpaid compared with their private counterparts. …The most skilled staffers should be paid appropriately… Similarly, Congress should increase the size of staffs—perhaps substantially.

Having worked on Capitol Hill, I have to say that I’m underwhelmed by these proposals.

More regulations, more staff, and higher pay are not going to change the culture of Washington.

I’m not sure if Mr. Cost sees himself as a reform conservative, or whether he’s merely offering advice to the so-called reformicons. In any event, his proposals symbolize what’s good and bad about reform conservatism: A recognition that government is causing problems, but solutions that are sometimes too tepid to actually solve problems.

The bottom line is that you can’t fix the corruption problems caused by big government unless you’re actually willing to get rid of big government.

P.S. If it’s true that misery loves company, then we can take solace in the fact that other nations have wasteful and corrupt green energy programs.

P.P.S. In keeping with our tradition, let’s close with a link to some amusing material about green-energy boondoggles.

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I’m a firm believer in climate change. Heck, there have been several ice ages and warming periods, so it’s obvious that temperatures shift over time.

And while I’m not particularly qualified to assess such matters, I’m also willing to believe that human activity has an effect on climate.

Moreover, even though I much prefer warm weather, I’m also open to the idea that global warming might be a bad thing that requires some action.

But here’s the catch. I don’t trust radical environmentalists. Simply stated, too many of these people are nuts.

Then there’s the super-nutty category.

But you know what’s even worse than a nutty environmentalist?

What terrifies me far more are the very serious, very connected, and very powerful non-nutty environmentalists who hold positions of real power. These folks are filled with arrogance and hubris and they have immense power to cause damage.

If you think I’m exaggerating, here’s some of what was contained in a release from the United Nations Regional Information Centre for Western Europe.

By the way, remember that these excerpts are not the unhinged speculation of some crazy conservative or libertarian. These are actually the words – and stated intentions – of the U.N. bureaucracy. They want central planning on steroids.

Christiana Figueres, the Executive Secretary of UNFCCC,  warns that the fight against climate change is a process and that the necessary transformation of the world economy will not be decided at one conference or in one agreement. …”This is the first time in the history of mankind that we are setting ourselves the task of intentionally, within a defined period of time to change the economic development model that has been reigning for at least 150 years, since the industrial revolution. That will not happen overnight and it will not happen at a single conference on climate change, be it COP 15, 21, 40 – you choose the number. It just does not occur like that. It is a process, because of the depth of the transformation.”

Wow. These people want to “intentionally…change the economic development model” that has produced unimagined prosperity.

And they want to replace it with central planning by people who have never demonstrated any ability to generate wealth.

I’m not joking. If you look at Ms. Figueres’ Wikipedia page, you’ll see that she has even less experience in the private sector than President Obama.

Yup, just exactly the kind of pampered (and tax-free) global bureaucrat who should have the power to treat the global economy as some sort of Lego set.

Thomas Sowell has made the very important observation that there’s a giant difference between intelligence and wisdom and Ms. Figueres is a perfect example.

To give you an idea of her cloistered and narrow mindset, she was quoted by Bloomberg as expressing admiration for China’s totalitarian regime over America’s democratic system merely because it ostensibly produces the policies she prefers.

China, the top emitter of greenhouse gases, is also the country that’s “doing it right” when it comes to addressing global warming, the United Nations’ chief climate official said. …China is also able to implement policies because its political system avoids some of the legislative hurdles seen in countries including the U.S., Figueres said. …The political divide in the U.S. Congress has slowed efforts to pass climate legislation and is “very detrimental” to the fight against global warming, she said.

And the icing on the cake, needless to say, is that China’s environment is a catastrophe compared to the much cleaner air and water that exist in the United States!

Though you won’t be surprised to learn that Ms. Figueres is a great admirer of President Obama, even if he does represent a backwards democracy.

The climate chief even held up President Obama as a shining example of steps countries can take to tackle global warming.

Reminds me of a saying about birds of a feather, though I’m not sure how a bird with two left wings can get off the ground.

And don’t even get me started on all the exaggeration and hyperbole that is generated by the radical environmentalists. Though this Jim McKee cartoon is too good not to share.

P.S. Environmentalists are also grotesque hypocrites, as you can see here and here.

P.P.S. But to close on an upbeat note, we have some decent environmental humor here, here, here, and here.

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According to Gallup, Americans now identify “government” as the most important problem facing the United States.

That doesn’t surprise. Gallup also found last year that big government is considered a far greater danger to the nation that big business or big labor.

Moreover, a poll from NPR earlier this year found that government was the leading cause of stress in people’s lives.

And Gallup discovered earlier this year that a record number of Americans think that government is corrupt.

So why do Americans have such a dour view of officialdom?

Well, let’s look at one example. The Wall Street Journal has a devastating editorial about dishonest and unethical behavior by federal and state bureaucracies.

The column starts with a strong assertion.

Prosecutorial misconduct has become an ugly commonplace of modern government, manipulating the legal system to attack easy political targets. 

It’s one that many people recognize is accurate, and probably helps to explain why pollsters now find the kinds of results cited above.

But if you think the WSJ is exaggerating or that people are misguided for being hostile to government, just check out how Andy Johnson, Anthony Smelley, Charlie Engle, Tammy Cooper, Nancy Black, Russ Caswell, Jacques Wajsfelner, Jeff Councelller, Eric Garner, Martha Boneta, Carole Hinders, Salvatore Culosi, and James Lieto were victimized by bureaucrats run amok.

But I’m digressing. Let’s get to this newest case. It deals with a forest fire in California and subsequent efforts for federal and state bureaucracies to blame a private company and extort some of the firm’s cash and land.

The story began in 2007 with the Moonlight Fire in California that burned some 65,000 acres, about two-thirds on federal land. Within 48 hours and while the flames were still burning, the state’s department of forestry and fire protection, known as Cal Fire, and the U.S. Forest Service blamed the disaster on Sierra Pacific, a Redding-based company that owns some 1.2 million acres of timberland. In 2009 a federal-state task force brought official complaints against the company and nearby landowners. California officials filed an action in state court while prosecutors sued for $1 billion in federal court. Sierra Pacific has insisted it didn’t start the fire but, faced with an open-ended legal fight, the company in 2012 settled the federal case for $55 million and a deed of some 22,500 acres to the U.S. government.

So far, so good, at least from the federal government’s perspective.

But there was still the case that was filed in state court, which presumably represented another attempt to extort more money from Sierra Pacific.

And this is where the government screwed up, whether through greed or incompetence (probably both). The WSJ has some of the sordid details that have been unearthed.

…the state case continued, and it has exposed a fiasco of fraud and corruption… Among other problems, government investigators and prosecutors doctored reports, misrepresented facts and retaliated against employees whose questions threatened their strategy. …According to the theory implicating the company, the fire started when the blade of a Sierra Pacific bulldozer hit a rock and created a spark. Government investigators pinpointed a location and claimed they had confirmation from a bulldozer driver. Problem was, both the fire’s alleged point of origin and the scenario to buttress it were fraudulent. When the company questioned the bulldozer driver, he denied having made the statement and admitted he couldn’t have confirmed the statement prosecutors had him sign because he didn’t know how to read. Prosecutors were also dishonest about where the fire started. Overhead videos have shown that the point of origin marked by the government was well outside the visual boundaries of the burning forest nearly an hour after the fire started.

I’m tempted at this point to make some snarky joke, but this issue is far too serious. When the government prevaricates in legal proceedings, that undermines the rule of law and call into question the integrity of the entire system.

And the column reveals that there was corruption and mendacity at both the state and federal level.

A second federal prosecutor, Eric Overby, joined the case in 2011, only to withdraw promptly on discovering what he called prosecutorial abuse directed squarely at raising revenue. He told defense counsel that in “my entire career, I have never seen anything like this. Never.” In February 2014, California state Judge Leslie Nichols assailed the federal and state government for abuses of discovery so “reprehensible” and “egregious” that they “threatened the integrity of the judicial process.” He threw out the case and awarded Sierra Pacific $30 million in sanctions against Cal Fire.

There are still reverberations from the case as Sierra Pacific is seeking to void the agreement that was made (based on lies) with the federal government. Needless to say, one hopes the company will win.

But there’s something else that needs to happen. The corrupt government officials need to be penalized, ideally with criminal sanctions including jail time. The government’s lawyers also should be disbarred and lose their jobs.

Punishment is the right approach, both because it is deserved and because it’s the only way of sending an effective signal to other bureaucrats that there is a personal risk to government malfeasance.

I also think Sierra Pacific, like any other victimized party, deserves compensation. Unfortunately, that money would come from taxpayers when it should be deducted from the budgets of the misbehaving bureaucracies (and the salaries of the bureaucrats).

P.S. I noted at the end of last year that President Hollande in France has decided to get rid of his class-warfare 75 percent top tax rate.

That’s a sign of progress, to be sure, but I wasn’t nearly as eloquent on the issue as Dan Hannan. The British MEP has some very wise words in today’s Washington Examiner.

I was living in Brussels when François Hollande, the President of France, introduced his 75 percent top rate tax in 2012. Immediately, my quartier began to fill with French exiles, who could commute to Paris in just over an hour.  …Three years on, President Hollande is shame-facedly scrapping the 75 percent rate, having forcibly re-learned an ancient truth: Wealth taxes don’t redistribute wealth; they redistribute people. Thousands of well-off Frenchmen made the easy journey north, including the country’s richest man, Bernard Arnault. …Hollande’s tax, levied on incomes above one million euros, has been a miserable failure. Over its lifespan, it raised around $500 million, a tiny fraction of the original projections. Why? Well, the Paris bureaucrats who made those projections overlooked something rather important. Rich people don’t sit around waiting to be taxed. They have all sorts of ways of beating the system… A lot of politicians don’t want to hear this. Instead of accepting international competition, they legislate against it — by, for example, imposing international rules on tax harmonization.

Amen to all these excerpts. Hollande’s class-warfare scheme was an economic failure and a revenue failure.

I also like what Hannan wrote about tax competition, and you can watch two very brief speeches he made on that topic by clicking here.

P.S. If you enjoy short Dan Hannan speeches, here’s one about the European bureaucracy racket and here’s one on the hypocrisy of European politicians.

P.P.S. My favorite item from Hannan, though, is his column about the socialist part of Germany’s National Socialists.

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I believe that protecting the environment is both a good thing and a legitimate function of government.

But I’m rational. So while I want limits on pollution, such policies should be determined by cost-benefit analysis.

Banning automobiles doubtlessly would reduce pollution, for instance, but the economic cost would be catastrophic.

On the other hand, it’s good to limit carcinogens from being dumped in the air and water. So long as there’s some unbiased science showing net benefits.

But while I’m pro-environment, I’m anti-environmentalist. Simply stated, too many of these people are nuts.

Then there’s the super-nutty category.

But since I’m an economist, what really worries me is that these people are statists. There’s an old joke that environmentalists are “watermelons” since they’re green on the outside and red on the inside.

But maybe it’s not really a joke. At least not in all cases. Check out this video from Reason, filmed at the so-called climate march in New York City.

Just in case you think the folks at Reason deliberately sought out a few crazy people in an otherwise rational crowd, let’s now look at the views of Naomi Klein, who is ostensibly a big thinker for the left on environmental issues.

Slate published an interview with her and you can judge for yourself whether her views are sensible. Here’s some of what Slate said about her.

According to social activist and perennial agitator Naomi Klein, the really inconvenient truth about climate change is that it’s not about carbon—it’s about capitalism. …she’s turned her argument into a hefty book… This Changes Everything: Capitalism vs. the Climate is focused on exposing how the relentless pursuit of growth has locked us in to a system that’s incompatible with a stable climate. …

And here’s some of what Ms. Klein said.

The post-carbon economy we can build will have to be better designed. …not only does climate action mean a healthy community—it’s also the best chance at tacking inequality. …The divestment movement is a start at challenging the excesses of capitalism. It’s working to delegitimize fossil fuels, and showing that they’re just as unethical as profits from the tobacco industry. …profits are not legitimate in an era of climate change.

Profits are not legitimate?!? Geesh, sounds like a certain President who also disdains profit.

By the way, I’d bet Naomi Klein has a far bigger “carbon footprint” than the average person.

And I can say with great certainty that other leftists are huge hypocrites on the issue. Check out the vapid actor who did some moral preening at the climate-change march.

Kudos to Ms. Fields. She has a way of exposing phonies on camera.

Though I think it’s safe to say that Mr. DiCaprio doesn’t win the prize for being the biggest environmental hypocrite.

Shifting back to policy issues, even “mainstream” environmental initiatives are often very misguided. Here are a few examples.

The bottom line is that we presumably have some environmental challenges. For instance, it’s quite possible that there is some global warming caused by mankind.

I just don’t trust environmentalists to make policy. When they’re in charge, we get really dumb policies. Or grotesque examples of government thuggery. Or sleazy corruption and cronyism.

But at least we have some decent environmental humor here, here, here, and here.

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When I started writing about public policy, I never realized that …um…human waste would be a frequent topic.

*But we examined (not too closely!) the story of a Postal Service employee who defecated in someone’s yard and got to keep his job.

*We wondered why the Greek government wanted stool samples from entrepreneurs starting online companies.

*We mocked the Equal Employment Opportunity Commission for pushing a multi-billion dollar regulation to help “pee-shy” employees.

*We contemplated the story of a 30-year old man who wanted government handouts to subsidize his fetish of wearing adult diapers.

*And even though it had nothing to do with public policy, I wrote about my inability to figure out a foreign toilet.

So with that track record, you know I have to give some coverage to a report about EPA bureaucrats pooping in hallways.

Here is a passage from a story published by Government Executive.

Environmental Protection Agency workers have done some odd things recently. Contractors built secret man caves in an EPA warehouse, an employee pretended to work for the CIA to get unlimited vacations and one worker even spent most of his time on the clock looking at pornography. It appears, however, that a regional office has reached a new low: Management for Region 8 in Denver, Colo., wrote an email earlier this year to all staff in the area pleading with them to stop inappropriate bathroom behavior, including defecating in the hallway.

This somehow hasn’t been a problem anyplace I’ve worked, and I even spent some time on Capitol Hill in 1989-1990 (there was a lot of you-know-what in Congress, but it was the figurative kind).

But at least we can count on government to use any excuse to waste money. The EPA pissed away (no pun intended) some of our tax dollars so that a so-called consultant could state the obvious.

Confounded by what to make of this occurrence, EPA management “consulted” with workplace violence “national expert” John Nicoletti, who said that hallway feces is in fact a health and safety risk.

Gee, I wonder how much Mr. Nicoletti got paid to produce such brilliant analysis.

But let’s look at the silver lining to this story. When EPA bureaucrats are pooping in hallways, that’s a relatively non-destructive use of their time.

If the bureaucrats were industrious, we’d see more horror stories such as:

1. Persecuting a family for building a pond on their own property.

2. Persecuting a family for trying to build a house on their own property.

Let’s close by making fun of extreme environmentalism. For instance, green crazies have produced hand-cranked vibrators to fight global warming. And they also want us to use uncomfortable recycled toilet paper.

This makes them easy targets for satire, such as this video mocking Al Gore and this Hitler parody video about global warming.

We also have this joke about a modern-day Noah trying to build an ark, this satire about a “dam” beaver,” this humor involving the Pope, loggers, and an environmentalist, and this R-rated humor about a tree hugger.

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Two years ago, I shared a video about the Environmental Protection Agency’s brutal and thuggish tactics against an Idaho family.

Constitution Limits Government PowerThat story had a very happy ending because the Supreme Court struck a blow for property rights and unanimously ruled against the EPA (too bad that similarly sound analysis was absent when the Justices decided the Kelo case).

Now we have a new example of the EPA running amok

Let’s look at a horrifying report about another family in the cross hairs of a rogue bureaucracy.

All Andy Johnson wanted to do was build a stock pond on his sprawling eight-acre Wyoming farm. He and his wife Katie spent hours constructing it, filling it with crystal-clear water, and bringing in brook and brown trout, ducks and geese. It was a place where his horses could drink and graze, and a private playground for his three children.

Sounds like the American dream, but also responsible stewardship since ponds usually have a positive role in limiting erosion.

Unfortunately, the EPA’s pinhead bureaucrats saw an opportunity for pointless and destructive intervention.

But instead of enjoying the fruits of his labor, the Wyoming welder says he was harangued by the federal government, stuck in what he calls a petty power play by the Environmental Protection Agency. He claims the agency is now threatening him with civil and criminal penalties – including the threat of a $75,000-a-day fine. …The government says he violated the Clean Water Act by building a dam on a creek without a permit from the Army Corps of Engineers. Further, the EPA claims that material from his pond is being discharged into other waterways. Johnson says he built a stock pond — a man-made pond meant to attract wildlife — which is exempt from Clean Water Act regulations.  The property owner says he followed the state rules for a stock pond when he built it in 2012 and has an April 4-dated letter from the Wyoming State Engineer’s Office to prove it. …But the EPA isn’t backing down and argues they have final say over the issue. They also say Johnson needs to restore the land or face the fines.

As you can imagine, this was not exactly good news for the property owner.

Johnson says he was “bombarded by hopelessness” when he first received the administrative order from the EPA. …The EPA order on Jan. 30 gave Johnson 30 days to hire a consultant and have him or her assess the impact of the supposed unauthorized discharges. The report was also supposed to include a restoration proposal to be approved by the EPA as well as contain a schedule requiring all work be completed within 60 days of the plan’s approval. If Johnson doesn’t comply — and he hasn’t so far — he’s subject to $37,500 per day in civil penalties as well as another $37,500 per day in fines for statutory violations.

But kudos to Mr. Johnson. Unlike so many others, he’s not going to roll over and acquiesce to EPA brutishness.

Johnson plans to fight. “This goes a lot further than a pond,” he said. “It’s about a person’s rights. I have three little kids. I am not going to roll over and let [the government] tell me what I can do on my land. I followed the rules.”  …Johnson says his legal fight with the government agency is a teachable moment for his kids. “This is showing them that they shouldn’t back down,” Johnson said. “If you need to stand up and fight, you do it.”

Needless to say, the EPA is not the only out-of-control bureaucracy in Washington.

Let’s now read about the thuggish actions against blueberry growers by the Department of Labor.

Bureaucrats from that entity decided to launch a legal jihad against some growers and they relied on bad numbers and grotesque strategy.

Another example of big government run amok.

In late July 2012, officials from the Department of Labor’s Wage and Hour Division visited Pan-American Berry Growers, B&G Ditchen and E&S Farms for spot inspections. …the Labor Department’s Wage and Hour division district director, Jeff Genkos, accused the growers of minimum-wage violations and declared the blueberries “hot goods” under the 1938 Fair Labor Standards Act. This charge is usually reserved for, say, T-shirts sewn by child laborers. The effect was to stop the fruit from being shipped to customers. He then ordered the growers to pay back wages and penalties and asked them to sign away any right to appeal the deal.

What was most shocking about the DOL’s actions is that they engaged in Mafia-type tactics and “made an offer they couldn’t refuse.”

This put the growers in an impossible spot. Either they could collectively pay $240,435 or let millions of dollars’ worth of berries rot. And they only had a day or two to make a decision. They did what any prudent employer would do: They paid the money, and the hot goods order was lifted.

And you won’t be surprised that the bureaucracy cooked the numbers in the first place.

It turns out that Labor’s bureaucrats had divined that the average worker could only pick around 60 pounds of blueberries an hour, some 30 pounds below what workers usually pick. They then counted the number of workers employed and concluded the growers must have had workers employed off the books. …In January, Oregon magistrate judge Thomas M. Coffin ruled for the growers. “In essence, to avoid the potential loss of millions of dollars worth of berries, defendants had to agree to the DOL’s allegations without an opportunity to present a defense or confront the DOL’s evidence in an administrative or court hearing,” he wrote.

I’m glad at least one court has ruled against the Department of Labor. Let’s hope that the final result is positive when all the appeals have been exhausted.

Both of these stories belong in my collection of “Government Thuggery in Action.”

Previous examples include:

If you peruse those examples without getting angry at big government, you probably need a lengthy bit of soul-searching.

If you’re a normal person, you’ll want this t-shirt (and don’t be a perv, just the t-shirt!).

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