Crimes Against Nature

George w. Bush seems to be trying to take us all the way back to the Dark Ages by undermining the very principles of our environmental rights, which civilized nations have always recognized. Ancient Rome's Code of Justinian guaranteed the use to all citizens of the "public trust" or commons — those shared resources that cannot be reduced to private property — the air, flowing water, public lands, wandering animals, fisheries, wetlands and aquifers.

When Roman law broke down in Europe during the Dark Ages, feudal kings began to privatize the commons. In the early thirteenth century, when King John also attempted to sell off England's fisheries and erect navigational tolls on the Thames, his subjects rose up and confronted him at Runnymede, forcing him to sign the Magna Carta, which includes provisions guaranteeing the rights of free access to fisheries and waters.

Clean-air laws in England, passed in the fourteenth century, made it a capital offense to burn coal in London, and violators were executed for the crime. These "public trust" rights to unspoiled air, water and wildlife descended to the people of the United States following the American Revolution. Until 1870, a factory releasing even small amounts of smoke onto public or private property was operating illegally.

But during the Gilded Age, when the corporate robber barons captured the political and judicial systems, those rights were stolen from the American people. As the Industrial Revolution morphed into the postwar industrial boom, Americans found themselves paying a high price for the resulting pollution. The wake-up call came in the late Sixties, when Lake Erie was declared dead and Cleveland's Cuyahoga River exploded in colossal infernos.

In 1970, more than 20 million Americans took to the streets protesting the state of the environment on the first Earth Day. Whether they knew it or not, they were demanding a return of ancient rights.

During the next few years, Congress passed twenty-eight major environmental statutes, including the Clean Air Act, the Clean Water Act and the Endangered Species Act, and it created the Environmental Protection Agency to apply and enforce these new laws. Polluters would be held accountable; those planning to use the commons would have to compile environmental-impact statements and hold public hearings; citizens were given the power to prosecute environmental crimes. Right-to-know and toxic-inventory laws made government and industry more transparent on the local level and our nation more democratic. Even the most vulnerable Americans could now participate in the dialogue that determines the destinies of their communities.

Earth Day caught polluters off guard. But in the next thirty years, they mounted an increasingly sophisticated and aggressive counterattack to undermine these laws. The Bush administration is a culmination of their three-decade campaign.

Strangling the Environment

In 1980, candidate Ronald Reagan declared, "I am a Sagebrush Rebel," marking a major turning point of the modern anti-environmental movement. In the early 1980s, the Western extractive industries, led by one of Colorado's worst polluters, brewer Joseph Coors, organized the Sagebrush Rebellion, a coalition of industry money and right-wing ideologues that helped elect Reagan president.

The big polluters who started the Sagebrush Rebellion were successful because they managed to broaden their constituency with anti-regulatory, anti-labor and anti-environmental rhetoric that had great appeal both among Christian fundamentalist leaders such as Jerry Falwell and Pat Robertson, and in certain Western communities where hostility to government is deeply rooted. Big polluters found that they could organize this discontent into a potent political force that possessed the two ingredients of power in American democracy: money and intensity. Meanwhile, innovations in direct-mail and computer technologies gave this alliance of dark populists and polluters a deafening voice in American government.

Coors founded the Mountain States Legal Foundation in 1976 to bring lawsuits designed to enrich giant corporations, limit civil rights and attack unions, homosexuals and minorities. He also founded the right-wing Heritage Foundation, to provide a philosophical underpinning for the anti-environmental movement. While the foundation and its imitators — the Competitive Enterprise Institute, the American Enterprise Institute, the Reason Foundation, the Federalist Society, the Marshall Institute and others — claim to advocate free markets and property rights, their agenda is more pro-pollution than anything else.

From its conception, the Heritage Foundation and its neoconservative cronies urged followers to "strangle the environmental movement," which Heritage named "the greatest single threat to the American economy." Ronald Reagan's victory gave Heritage Foundation and the Mountain States Legal Foundation immeasurable clout. Heritage became known as Reagan's "shadow government," and its 2,000-page manifesto, "Mandate for Change," became a blueprint for his administration. Coors handpicked his Colorado associates: Anne Gorsuch became the EPA administrator; her husband, Robert Burford, a cattle baron who had vowed to destroy the Bureau of Land Management, was selected to head that very agency. Most notorious, Coors chose James Watt, president of the Mountain States Legal Foundation, as the secretary of the interior. Watt was a proponent of "dominion theology," an authoritarian Christian heresy that advocates man's duty to "subdue" nature. His deep faith in laissez-faire capitalism and apocalyptic Christianity led Secretary Watt to set about dismantling his department and distributing its assets rather than managing them for future generations. During a Senate hearing, he cited the approaching Apocalypse to explain why he was giving away America's sacred places at fire-sale prices: "I do not know how many future generations we can count on before the Lord returns."

Meanwhile, Anne Gorsuch enthusiastically gutted EPA's budget by sixty percent, crippling its ability to write regulations or enforce the law. She appointed lobbyists fresh from their hitches with the paper, asbestos, chemical and oil companies to run each of the principal agency departments. Her chief counsel was an Exxon lawyer; her head of enforcement was from General Motors.

These attacks on the environment precipitated a public revolt. By 1983, more than a million Americans and all 125 American-Indian tribes had signed a petition demanding Watt's removal. After being forced out of office, Watt was indicted on twenty-five felony counts of influence-pedaling. Gorsuch and twenty-three of her cronies were forced to resign following a congressional investigation of sweetheart deals with polluters, including Coors. Her first deputy, Rita Lavelle, was jailed for perjury.