A 'Climate Emergency' Declaration Would Set Alarming Precedent, and Must Be Avoided
... Though Biden has thus far abstained from formally declaring a national emergency, this becomes more likely by the day. Such a declaration would amount to an end-run around democratic processes and have dramatic consequences upon the integrity of our democratic institutions, further eroding the capacity of the legislative and judicial branches to provide a meaningful check upon an already powerful executive branch....
Unsurprisingly, presidents have abused this expanded authority with reckless abandon. Since the NEA’s passage, an exorbitant 76 national emergencies have been declared,...
Specifically, some of these powers include the ability to shut down and take over television and radio stations, restrict travel, seize private property, freeze financial assets, and even suspend prohibitions on testing chemical and biological weapons on human subjects....
A climate emergency declaration could hypothetically be used to:
- seize farmland on behalf of the federal government (under Title 7 of the U.S. Code)
- direct the military to construct green-friendly infrastructure (Title 10)
- direct federal agencies to use non-competitive procurement procedures, executing contracts with only “climate-friendly” companies (Title 41)
- impose a ban on crude oil exports (Title 42)
- make direct federal loans to green energy companies with no spending cap (Title 50)
- allow the Department of Transportation to curtail or restrict automobile or truck use (Title 49)
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