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Reorganization Plan No. 3 of 1970

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Richard Nixon, who proposed the EPA via Reorganization Plan No. 3

Reorganization Plan No. 3 was a United States presidential directive establishing the Environmental Protection Agency (EPA), effective December 2, 1970.[1] The order, published in the Federal Register on October 6, 1970, consolidated components from different federal agencies to form the EPA, "a strong, independent agency" that would establish and enforce federal environmental protection laws.[2]

Background

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Main article: United States Environmental Protection Agency § History

According to EPA author Jack Lewis, the decade of the 1960s fostered a general consensus of the American public to increase protection and betterment of the environment.[2] Rachel Carson published Silent Spring in 1962, which is widely credited with helping to launch the environmental movement in the United States.[3] On January 28, 1969, eight days after Richard Nixon became the 37th President, a blowout on the ocean bottom near Union Oil's Platform "A" on the Dos Cuadras field leaked between 80,000 and 100,000 barrels (16,000 m3) of oil into the water of the Santa Barbara Channel, near Santa Barbara, California.[4] The oil spill polluted a 60-mile stretch of coastline, harming marine wildlife and damaging the local fishing economy.[5] The event led to widespread criticism of both Union Oil and the offshore oil drilling industry.[6] On April 22, 1970, the first Earth Day brought millions of Americans together to peacefully demonstrate in support of environmental reform.[2]

In April 1969, President Richard Nixon addressed these environmental concerns by establishing the Environmental Quality Council in his cabinet, along with the complementary Citizens' Advisory Committee on Environmental Quality.[7]

In December of the same year, Congress passed the National Environmental Policy Act (NEPA), a bill that was intended to "create and maintain conditions under which man and nature can exist in productive harmony" and to "assure for all Americans safe, healthful, productive, aesthetically and culturally pleasing surroundings."[7] NEPA required any federal agency planning a project that would affect the environment to submit a report on the likely consequences of its plan.[7] President Nixon signed the bill on New Year's Day 1970, declaring "that the 1970s absolutely must be the years when America pays its debt to the past by reclaiming the purity of its air, its waters, and our living environment."[7]

Reorganization plan and the formation of the EPA

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Establishment

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Reorganization Plan No. 3 was proposed by President Nixon in a message sent to Congress on July 9, 1970.[8] The plan was authorized by a 1966 amendment to Title 5 of the United States Code (Government Organization and Employees).[9] After conducting hearings during that summer, the House and Senate approved the proposal.[citation needed] Unlike other agencies such as Occupational Safety and Health Administration (also established in 1970), the EPA was not established by a single enabling act of Congress.

Components of the EPA

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In his message to Congress President Nixon stated that the national government was "not structured to make a coordinated attack on the pollutants which debase the air we breathe, the water we drink, and the land that grows our food." According to Nixon, the assigned duties and responsibilities regarding pollution control for the environment were spread out among many discrete departments, creating a structure that often defied "effective and concerted action." To create more of an interrelated and effective system for dealing with environmental pollution, he proposed "pulling together into one agency a variety of research, monitoring, standard-setting and enforcement activities now scattered through several departments and agencies."[8] Part of the intent of the reorganization was also to take away the job of pollution control from departments with economic promotional interests, as it was seen as a conflict of interest.[10]

Under the terms of Reorganization Plan No. 3, the Environmental Protection Agency would be created to absorb the following agencies:

Role of the EPA

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William Ruckelshaus, the first Administrator of the EPA

On December 16, 1970, the first Administrator of the EPA, William Ruckelshaus, declared that the agency had "a broad responsibility for research, standard-setting, monitoring and enforcement with regard to five environmental hazards; air and water pollution, solid waste disposal, radiation, and pesticides."[12]

In Reorganization Plan No. 3, President Nixon outlined the following as the roles and functions of the EPA: establishing and enforcing environmental protection standards consistent with national environmental goals; conducting research on the adverse effects of pollution and on methods and equipment for controlling it, the gathering of information on pollution, and the use of this information in strengthening environmental protection programs and recommending policy changes; assisting others, through grants, technical assistance and other means in arresting pollution of the environment; and assisting the Council on Environmental Quality in developing and recommending to the President new policies for the protection of the environment.[8]

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The 1970 plan was originally approved under special Congressional procedures but its legality was called into question due to the Supreme Court's decision in Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983). Congress responded by enacting the Reorganization Acts Amendment in Pub. L.Tooltip Public Law (United States) 98–614,[13] which was signed on November 8, 1984.[14] The Amendment expanded the power of the President to communicate with Congress plans of reorganization of agencies within the executive branch.[15]

References

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  1. ^ United States. Reorganization Plan No. 3 of 1970. Presidential Documents. Federal Register, 35 FR 15623 October 6, 1970.
  2. ^ a b c Lewis, Jack (November 1985). "The Birth of EPA". EPA Journal. Washington, D.C.: U.S. Environmental Protection Agency (EPA). Archived from the original on December 12, 2008.
  3. ^ Josie Glausiusz. (2007), "Better Planet: Can A Maligned Pesticide Save Lives?" Discover Magazine, p. 34.
  4. ^ Answers.com Unocal Corporation company history. Retrieved on June 14, 2008
  5. ^ Nedelkoff, Robert (June 14, 2010). "RN and the Formation of the EPA". Domestic Policy. Richard Nixon Foundation. Archived from the original on October 23, 2010. Retrieved November 10, 2010.
  6. ^ Brief Oil and Gas History of Santa Barbara County: Santa Barbara County Energy Division Archived 2011-05-27 at the Wayback Machine
  7. ^ a b c d "An Environmental Revolution". The Guardian: Origins of the EPA (Report). EPA. Spring 1992. Archived from the original on 2010-03-30.
  8. ^ a b c d Reorganization Plans Nos. 3 and 4 of 1970. Message from the President of the United States to the Congress of the United States (PDF) (Report). House of Representatives, 91st Congress, 2d Session. July 9, 1970. Document no. 91-366. Archived (PDF) from the original on April 26, 2017.
  9. ^ United States. "An Act to enact title 5, United States Code, “Government Organization and Employees” codifying the general and permanent laws relating to the organization of the Government of the United States and to its civilian officers and employees." Pub. L.Tooltip Public Law (United States) 89–554, 80 Stat. 378, enacted September 6, 1966
  10. ^ Elkins, Chuck (October 2013). "Transcript of "Behind the Scenes at the Creation of the EPA" Video" (PDF). EPA Alumni Association. Retrieved August 20, 2018.
  11. ^ "Records of the Environmental Protection Agency". Washington, D.C.: National Archives. 2016-08-15. Record Group 412.
  12. ^ Ruckelshaus, William (December 16, 1970). "First Administrator on establishment of EPA". EPA. Press release. Archived from the original on August 27, 2010. Retrieved October 31, 2010.
  13. ^ "Nuclear Regulatory Legislation", Office of the General Counsel, U.S. Nuclear Regulatory Commission, May 2009, accessed November 10, 2010.
  14. ^ Library of Congress, Thomas. "Major Congressional Actions". H.R. 1314 Reorganization Act Amendments of 1984. Retrieved 21 January 2012.[permanent dead link]
  15. ^ United States. Act of November 8, 1984, 98 Stat. 3192.
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