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Anti-Environmental Policies:
evaluation; response; federal law

Our Position: oppose
Bill Number: SB1333
Sponsor: Melvin, Allen, Griffin, et al.
Legislative Session: 2012 Legislative Session

SB1333 evaluation; response; federal law (Melvin, Allen, Griffin, et al.) establishes more government and more bureaucracy via the “Evaluation of Federal Law Council.” This is an iteration of the Constitutional Defense Council, which existed previously and was allowed to sunset (by a majority Republican legislature) due to how ineffective it was. It was also a huge waste of money and violated the separation of powers provisions in the Arizona Constitution. This council would be no different and has even more separation of powers issues as it mixes the responsibilities and powers of the legislative and executive branches, plus it says the governor or an appointee of the governor can order the attorney general to take legal action. The attorney general is an elected official and a constitutional office. Doesn’t this infringe on the authority of the attorney general and the responsibility of the attorney general to evaluate actions, represent the interests of all of the people of Arizona, and represent the state agencies?

Status

04/07/2012 - This awaits action in the House Rules Committee.

Action Needed

To find your representatives contact information, click on Arizona Representatives.

More information

To read the bill, click on SB1333.

Background

The council would look selectively at issues the Legislature does not like, including anything they think might damage the mining, timber, and ranching industries. It also would look at the authority of the Environmental Protection Agency to mandate air quality standards and penalties. There is well-established case law that affirms the authority of the federal government to establish environmental laws and to impose penalties for noncompliance. Beyond that however, what does the legislature have against clean air, clean water, and recovering plants and animals that would otherwise go extinct? Our state has very little in place in our statutes to protect our air, land, and water that is not somehow related to these federal laws; it is these federal laws that provide the safety net for protection.

     
     

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