The American Legislative
Exchange Council's (ALEC) "model" Private Property Protection
Act could ultimately lead to the effective dismantling of such
broadly popular and effective environmental protection laws as
the 1972 Clean Water Act, the 1973 Endangered Species Act, and
the 1990 Clean Air Act. The bill dramatically widens the definition
of a "taking," requiring compensation for a whole host
of actions that are not currently covered. ALEC opposes "any
governmental attempt at whatever level, and by whatever means,
to confiscate, reduce the value of, or restrict the uses of private
property unless to abate a public nuisance affecting the public
health and safety." ALEC-influenced bills were introduced
in Kentucky and Maine in 2003. If passed, these bills would undermine
the ability of government to adopt any new rules and regulations
to address threats to public health and the environment. If government
had to pay for every economic burden it imposed, its ability to
protect public health and the environment would grind to a halt.
It could cost each state billions of dollars to compensate property
owners for every negative financial impact of regulations. One
of the benefactors of this bill would be Confined Animal Feeding
Operations, commonly referred to as CAFOs. Local governments may
be unable to prevent a large, smelly, and environmentally destructive
factory farm from getting started without reimbursing the owner
for "taking" away potential earnings. The value government
"gives" to the land through wise planning is not always
factored into the equation. The Private Property Protection Act
is one more attempt by ALEC to support business at the cost of
public health and environmental safety. |