The EPA has been granted the power it has because of the flawed lawmaking process in the US political system. The CAFE standards, for instance, which originally made a lot of sense, were emasculated by the classification of SUVs, minivans, and pickup trucks as “commercial vehicles”. That happened because congress is at the whim of pressure groups; carmakers and union in the North, and oil companies in the South. As well, the guy in the White House was also against any change. This is finally changing somewhat.
If the US is to address climate change and energy conservation, it needs a powerful central entity to drive the process, but answerable to the head of state and congressional committee, on a regular basis.
Yes, I agree that an agency that is so powerful it can override the legislative process smacks of KGB style totalitarianism. But there should be enough oversight to keep the agency in check, if it goes too far. That’s what a functioning democracy should be like.
The American Civil Liberties Union, on the other hand, would want an all encompassing ban on things they don’t like to hear and see. That’s real totalitarianism! I have lived and worked in countries like that. I was told what I could criticise (not much) and what was beyond criticism! One country, where the British Economist magazine is regulary sold, skipped the issue that criticised that country. The censors had stopped it at the border!
No matter how “holier than thou” Nancy Pelosi looks and acts, she is being pushed every which way by special interests.
When Ralph Nader forced the government to look at how dangerous cars really were, the subsequently appointed highway safety csar was deemed to be too powerful. But, as we know safety glass in cars had to be legislated pane by pane. And cars are much safer now.
It is really all about a proper balance of power and getting the job done.
I’ll give you one very dramatic example to demonstrate the point:
In 1953 The Netherlands, a country that’s 2/3 below seal level, had a catastrophic flood with many of the dikes rupturing. This was one of those 300 year storms, and 1500 people drowned! The federal governemt afterwards decided that this should NEVER happen again. They drew up a long term plan that would reinforce the dikes, cut off some sea arms, and generally make the country with 10 million people living below sea level, “flood proof”. The final protection barriers were put in place a few years back, and the country is as safe as any now. The Brits did something similar on a much smaller scale, to the Thames to protect London.
Fast forward to Louisiana.
The US Corps of Engineers, good professionals, were painfully aware of the vulnerability of the Mississippi Delta. They recommended a $7 billion improvement plan which was shot down by George Bush, and other special interests. The rest is history. A similar number of people drowned. The reconstruction has been painfully slow, to say the least.
The difference between the Corps of Engineers and the Dutch “Water Estate”, the agency that looks after the dikes, is that its head can even overrule the Dutch prime minister, should he (the prime minister) want to scimp on dike maintenance, and appeal directly to the Queen, who can actually dissolve parliament (the government). That has never happened since no prime minister wants to be unseated by a civil servant.
You could argue that the Water Estate chief has too much power, but politicians can get sidetracked from the real problem with disastrous results. This guy is non-partisan and his job is to keep more people from drowning which was accomplised.There have been no further dike ruptures.
In summary, decision making in a federal state with diverging regional interests is very difficult. At some stage the head of state needs to appoint a single entity (under the watchful eye of a committee) to get the job done.
I don’t know if that answers your question.