In October this year, CEI’s Jackie Moreau blogged about victims of EPA’s wetland regulatory regime. “The once lovely face of Lady Liberty,” she wrote, “now wears the quintessential looks of the mean kid on the playground: class bully.” In this excerpt from Mugged by the State: Outrageous Government Assaults on Ordinary People and their Property, Randall Fitzgerald reinforces her point with some more outrageous examples of government environmentalism out-of-control.

Mugged by the State was published in 2003
Most people find the idea of healthy ecosystems and a clean environment to be desirable social goals. After all, the pollution of our collective air, water, or soil resources can potentially affect both our personal health and our individual property values. The broader social question is how do we measure and define environmental harm, and what benchmarks do we use to certify the point at which damage has occurred that adversely affects others. Examples from the regulation of private lands, public lands, endangered species, wetlands, and the record of the Environmental Protection Agency enforcement tactics illustrate how inflexible or misguided policies, relying on warped incentives and enforced by overzealous regulators, can often do more harm than good….
What if a law existed requiring every American who possesses a piece of Revolutionary War furniture to preserve the piece in perpetuity? They cannot actually own it, but they must protect it and care for it, at their own expense, under the supervision of a federal regulatory agency. If they fail to protect and preserve the furniture to the government’s satisfaction, they can be heavily fined and sent to prison. This is the sort of situation confronting who find part of the wetlands, or a plant or animal belonging to an endangered species, anywhere on their land. Under wetlands protection provisions of the Clean Water Act, landowners must sacrifice any use of their property that might impact wetlands or rare species and their habitat. Failing to do so subjects the owner to criminal penalties.
States have enacted similar regulations modeled after the federal laws. Homebuilder Lin Drake got bludgeoned in 1996 by both a Utah State wildlife agency and the U.S. Fish and Wildlife Service when he bought land near Enoch, Utah, for a housing subdivision. Employees from these two agencies found no habitat or holes made by prairie dogs on Drake’s land, but a federal wildlife employee claimed to have seen two prairie dogs scurrying away too quickly for their presence on the land to be documented by a camera. With only the testimony of this one employee about a single instance of prairie dogs being spotted, Drake was charged with violating the U.S. Endangered Species Act by “harming” prairie dogs and their habitat with his home building preparations. He was fined $15,000 in 1998.








