On July 6, 2012, President Obama signed a new law regulating the ecology of the Gulf. That law opened the door to the creation of new layers of bureaucracy.
President Obama has just signed an executive order. As with all EO’s, this one is written in bureaucratic gibberish. This is what lawyers in the Executive Branch write all day long, every working day. This is why the Federal Register published 83,000 pages of triple-column regulations in 2011.
Presidents do not write Executive Orders. It takes specialists in bureaucratese to write them. A President merely signs them, just as Congress passes 2,300-pasge laws that no Congressman has read, let alone has understood.
Then the lawyers take over.
Here are samples of this new Executive Order. As you will see, it establishes a permanent bureaucracy that will regulate the Gulf’s environment. That, of course, will include just about everything that affects water or wetlands.
This is how the federal government works: Congress passes unread bills, which are signed unread by the President, who turns everything over to a series of competing, turf-protecting bureaucracies that are staffed by permanent bureaucrats, only a few of whom can be fired by the President. Then the bureaucrats tell citizens what to do. These may be bureaucrats from rival bureaucracies, who reserve the right to refuse to recognize the rules of another bureaucracy.
In case of jurisdictional disputes, the victimized citizens must pay lawyers at $150 per hour to $1,000 per hour per lawyer to fight for his position in federal court.
The RESTORE Act established the Gulf Restoration Council, an independent entity charged with developing a comprehensive plan for ecosystem restoration in the Gulf Coast (Comprehensive Plan), as well as any future revisions to the Comprehensive Plan. Among its other duties, the Gulf Restoration Council is tasked with identifying projects and programs aimed at restoring and protecting the natural resources and ecosystems of the Gulf Coast region, to be funded from a portion of the Trust Fund; establishing such other advisory committees as may be necessary to assist the Gulf Restoration Council, including a scientific advisory committee and a committee to advise the Gulf Restoration Council on public policy issues; gathering information relevant to Gulf Coast restoration, including through research, modeling, and monitoring; and providing an annual report to the Congress on implementation progress. Consistent with the RESTORE Act, the Comprehensive Plan developed by the Gulf Restoration Council will include provisions necessary to fully incorporate the Strategy, projects, and programs recommended by the Task Force. . . .
Given their authorities, programs, and expertise, the Environmental Protection Agency (EPA) and the Department of Agriculture (USDA) have institutional capacities that can contribute significantly to the Natural Resource Damage Assessment and restoration efforts, including scientific and policy expertise as well as experience gained in the Task Force process and other planning efforts in the Gulf area. In addition, EPA’s and USDA’s relevant authorities cover a range of natural resources and their supporting ecosystems, including waters, sediments, barrier islands, wetlands, soils, land management, air resources, and drinking water supplies. . . .
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head thereof; or
(ii) the functions of the Trustee Council, or those of the Director of the Office of Management and Budget, relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.