Want to build a power plant in Arizona? A building in Florida? Do you want to drive an SUV? Or leave your cell phone charger plugged in overnight? Some judge might construe federal policy as proscribing these activities. Kempthorne says such uses of the act, unintended by those who wrote it in 1973, would be "wholly inappropriate." But in 1973, climate Cassandras were saying that "the world's climatologists are agreed" that we must "prepare for the next ice age" (Science Digest, February 1973). And no authors of the Constitution or the Fourteenth Amendment intended to create a "fundamental" right to abortion, but there it is.
No one can anticipate or control the implications that judges might discover in the polar bear designation. Give litigious environmentalists a compliant judge and the Endangered Species Act might become what New Dealers wanted the National Industrial Recovery Act of 1933 to be -- authority to regulate almost everything.
What Friedrich Hayek called the "fatal conceit" -- the idea that government can know the future's possibilities and can and should control the future's unfolding -- is the left's agenda. The left exists to enlarge the state's supervision of life, narrowing individual choices in the name of collective goods. Hence the left's hostility to markets. And to automobiles -- people going wherever they want whenever they want.
Today's "green left" is the old "red left" revised. Marx, a short-term pessimist but a long-term optimist, prophesied deepening class conflict, but thought that history's violent dialectic would culminate in a revolution that would usher in material abundance and such spontaneous cooperation that the state would wither away.
The green left preaches pessimism: Ineluctable scarcities (of energy, food, animal habitats, humans' living space) will require a perpetual regime of comprehensive rationing. The green left understands that the direct route to government control of almost everything is to stigmatize, as a planetary menace, something involved in almost everything -- carbon.
Environmentalism is, as Lawson writes, an unlimited "license to intrude." "Eco-fundamentalism," which is "the quasi-religion of green alarmism," promises "global salvationism." Onward, green soldiers, into preventive war on behalf of some bears who are simultaneously flourishing and "threatened."