Rocky Raccoon

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    Nixon did NOT sign the Clean Water Act

    You write that Whitman claimed in the interview that "Republican presidents founded the National Parks system, signed into law the Clean Air and Clean Water acts, and even created the EPA." At least with respect to the Clean Water Act, this is not so.

    There are greens on the left and right side of the political spectrum, and I don't wish to trash Nixon (actually, I kind of do), but I do think that it is important for history to accurately reflect his environmental stance. Many people believe him to be the environmentalist's friend. He was not, though he did sign correctly onto NEPA and the EPA. There is some debate about whether it was known how far-reaching NEPA would be, and doubt as to whether, had this been known, he would have supported it.

    Richard Nixon did not sign the Clean Water Act, and the story of how the Act came to be is quite interesting. I've included a few cites at the bottom of this in case anyone is interested. Richard Nixon disliked environmentalists. He lashed out about them and was caught on the White House tapes, which was related at a conference speech by the great environmental law speaker Richard Lazarus. Yes Nixon signed some important environmental legislation, and I don't wish to deny him some credit for having done so, but not the Clean Water Act. He didn't want to cede the environmental upper-hand to Edward Muskie, and there was no altruistic intention on Nixon's part when it came to the environment. It was a politically calculated move to support some pieces environmental legislation, and the success really belongs with the citizens who made it politically impossible for Nixon to oppose. The Clean Water Act was one of seven that Nixon vetoed in his presidency. He thought the bill was too strict. In fact, he didn't just issue a regular veto. He waited until Congress was heading into a vacation, then he vetoed the bill on Oct 17, 1972. He did this because he knew that it would be overridden. He was right, but unfortunately for him, Congress was so intent on passing the Clean Water Act that it stuck around and overrode his veto. Nixon did NOT sign the bill. The veto-override vote was overwhelming in favor of the CWA, and at that moment Nixon stood nearly alone in Washington D.C. and in the nation in his decided opposition to the bill. Nixon's midnight veto was overridden by votes in the House (247-23) and Senate (52-12).  The veto came just prior to the House's adjournment for the year.  To lessen the political fallout, Nixon had wanted to simply pocket veto the bill, but Congress was determined to thwart his plan by staying in session until he acted.

    -Rocky Racoon
    New Orleans, Louisiana

    PS: CITES!

    Carl Pope of the Sierra Club mentioning Nixon's veto: http://www.huffingtonpost.com/carl-pope/water-water-every ...

    William L. Andreen, The Evolution of Water Pollution Control in the United States - State, Local, and Federal Efforts, 1789-1972: Part II, 22 Stan. Envtl. L.J. 215, 285-86 (2003).

    The Edward Muskie archives at Bates University contain more information: http://abacus.bates.edu/Library/aboutladd/departments/spe ... From the website: "During the latter half of 1972, rumors that the President would veto the clean water bill were rife, including statements by presidential advisors. On the Senate floor, Muskie asked why the President had waited 13 days since passage of the clean water conference report to either sign or veto the bill, and suggested that the Congress remain in session through midnight so as to prevent a pocket veto. A pocket veto can occur only when the Congress is adjourned. As long as Congress remains in session, a bill must be vetoed within 10 days or it becomes law without the President's signature. The system is set up to force the president to act. At this time, President Nixon was facing election to a second term and he was undoubtedly reluctant to veto an environmental bill just three weeks before the election. A pocket veto when Congress has adjourned, which means only that a president must fail to sign a bill, on the other hand, allows for inaction to accomplish the same thing as a direct veto, and with far less public attention."

    http://www.washingtonpost.com/wp-dyn/articles/A52527-2005 ... (reference by Richard Lazarus to Nixon's anti-environmentalist comments on the White House tapes)On Christine Todd Whitman talks about greening the GOP and running the EPA posted 12 months ago 1 Response

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