Reply #4: Pombo is a freak show

[OrwellwasRight]

who should rename the committee the Exploitation of Natural Resources Committee.

One thing we need to do to combat Pombo's form of anti-environmentalism is to realize that it comes from a view of property law: that someone land is not connected to other land or to the wild plants and animals which that land houses and therefore ther is no responsbility to neighbors, fellow citizens or anyone to use the land in a way that preserves and conserves it for the future. Translated into law, they are pushing an agenda that says all regulation, whether by local zoning laws or the ESA is somehow a taking in need of compensation under the Fifth Amendment. This view (although it is really a twisting of the original meaning of a taking) is especially pushed by Scalia, Thomas, et al and frankly scares me more than their views of abortion.

Property owners of every stripe are attracted to this theory, but they don't see the consequences for our future. Its popularity, though, is putting Pombo-ites into Congress by the droves out in mountain west. Pombo has a high school education and his "real-life" job is as a rancher. Although I do not want to stereo-type anybody, his lack of further education allows him to discount scientific and statistical evidence as the mere musings of "pointy-headed intellectuals." Instead of trying to learn more, he exploits his lack of education to pursue his own ends. He may or may not have the capability or the interest to judge for himself the reliability or validity of the competing scientific papers presented to him about why we do or do not need to take action to preserve open spaces and habitat for all god's creatures. Thus, he can, and does, easily discount evidence as radical environmental propaganda because it interferes with his vision of the inviolability of property rights.

What we need is a strong way to counter this property-rights based anti-environmentalism. And ideas? Anybody know who's already working on this?

Anyone who is appalled by Scalia's decisions and is interested in his opportunistic property law rulings might be interested to read "Making it Up" in the Spring 2003 edition of the Urban Lawyer (35 Urb. Law. 203 (2003)).