Bush Administration Readies Gutting Knife for Endangered Species Act

You didn't just think the Bush administration was going to leave quietly, did you? In a major scoop, the AP has uncovered the draft of a set of new regulations engineered by the Interior Department (and not subject to Congressional approval) that would allow federal agencies to decide for themselves whether infrastructure projects, like dams and highways, would harm endangered species. They would, in effect, greatly reduce the impact of the independent reviews government scientists have been carrying out over the last 35 years.

According to the AP, these major revisions would represent the biggest overhaul of the ESA since 1986. The proposed changes would essentially neuter the authority of wildlife experts (not that they ever mattered much for this administration) by giving federal agencies free rein to carry out large construction projects without consulting them about the environmental consequences. The Interior Department claims these consultations are no longer necessary, because the agencies are now capable of "reviewing" their own projects (right).

The administration plans on rushing these regulations through by leaving open only a 30-day public comment period, after which it would finalize the changes and implement them -- right before the November election. Stopping or reversing the changes would take several months, or even longer, giving developers precious time to work around current restrictions.

However depressing, this shouldn't come as much of a surprise, of course. As I've written about before, Bush and his acolytes have always made the dismantling of the ESA (among other pieces of environmental legislation) a priority:

The Bush administration has earned the dubious merit of adding the fewest number of species to the endangered list in the past six years than any other administration since 1973.

As a result, there is now a waiting list of 279 species on the edge of extinction and, out of the 1,326 already officially listed species, approximately 200 are close to total extinction. Furthermore, the Bush administration has removed 15 species from the list to date, a higher number than any previous administration.

Or take this nugget that my TreeHugger colleague John Laumer wrote about last year:

"Tired of losing lawsuits brought by conservation groups, the Bush administration issued a new interpretation of the Endangered Species Act that would allow it to protect plants and animals only in areas where they are struggling to survive, while ignoring places they are healthy or have already died out. The opinion by U.S. Department of Interior Solicitor David Bernhardt was posted with no formal announcement on the department's Web site on Friday."

Another example of the Bush administration at its "imaginative" best. After all, when it comes to circumventing the law, why let the Justice Department have all the fun?

This latest (and greatest) push comes, of course, after numerous failed attempts by both the administration and the GOP to force their hostility to the ESA down our throats, as the AP piece goes on to note:

In 2003, the administration imposed similar rules that would have allowed agencies to approve new pesticides and projects to reduce wildfire risks without asking the opinion of government scientists about whether threatened or endangered species and habitats might be affected. The pesticide rule was later overturned in court. The Interior Department, along with the Forest Service, is currently being sued over the rule governing wildfire prevention.

In 2005, the House passed a bill that would have made similar changes to the Endangered Species Act, but the bill died in the Senate.

Nothing to see here, folks: It's just another day at the Bush White House.

Follow Jeremy Jacquot on Twitter: www.twitter.com/jejacquot

Comments

[what0now0toons]

As if McCain's assault on the environment wasn't enough, Now, under cover of the Olympics & the Georgia, Russia situation The Bush administration set it's sights on the "Endangered Species Act" this week. Using the same language as Reagan did when he announced the " Relaxation of the Anti Trust laws" almost thirty years ago ( look what that got us. ). The short timer in the white house announced his " Relaxation of the Endangered Species Act" Monday.
I guess "conservation" isn't part of "conservative".
I devoted my weekly left of center political cartoon to this topic, it's up on my website now. www.whatnowtoons.com

[ricchase]

Environmentalists will now have to decide for themselves whether or not industry is properly acting responsibly in protected endangered species. And then act accordingly when a violation is found. Hey, no problem !!

[JTaverner]

"Tired of losing lawsuits brought by conservation groups, the Bush administration issued a new interpretation of the Endangered Species Act that would allow it to protect plants and animals only in areas where they are struggling to survive, while ignoring places they are healthy or have already died out."

So when every species (including us) is on the verge of extinction, then we can all file one massive lawsuit?

[UnbiasView]

The problem is that this country needs some serious reform when it comes to the legal system . . . how about this, if you sue someone and you lose . . . you pay the legal fees of both sides.

That would bankrupt all of the tree huggers and ambulance chasers in 5 seconds.

[sufi66]

One thing the Democrats should learn from these sociopaths is the application of raw, unabashed political power. If there is an opening they will use it to further their agenda. They know the public doesn't know or doesn't care.

Obama will reverse this nonsense if he wins. I hope the Democrats reverse a lot of things, but they can only do it by playing rough and ruthless.

[ChristianEcon.com]

"They know the public doesn't know or doesn't care."

Wherein lies the real problem--along with the problem of so many who are so easily used by Limbaugh, Hannity, Fox, etc.

[esquire07]

Lol... The Democrats are a pack of Spineless Cowards and will do nothing - does anyone think if there is a November election it will be fair ? You can bet the republican criminals have something up their sleeve to steal the election - just like in 2000.

Human life means next to nothing to America - why would "endangered spiecies" mean anything ? All that matters is Corporate profit and endless war... welcome to America. Lol.

4200 dead troops, over million dead Iraqis for Bush/Cheney oil and lies. What makes you think anything will be done to protect animanls ?

[SEQUOIABISON]

They see the democratic troops coming down Pennsylvania Avenue and they are scurrying around like madmen trying to make last minute changes that would annoy environmentalists but please their corporate sponsors.

Not to worry, president Obama will reverse their insane policies once he gets into office in January 2009.

[joebaggadonuts]

It is important to provide a link to the regulations comment section when published so that all interested readers can send the Interior Department their concerns about the proposed regulations. These comments will be recorded and published. Don't hesitate. 30 days is not a long comment period and they will only go into effect over our published objections. However, this kind of direct assault on their move to gut the ES act is your obligation as a citizen if you care about the application of this act.

[Oz2cash]

I haven't been able to find the comment area on the Interior Department's website. They announce the change but don't make a comment area readily accessible. Does anyone have the link?

[Tinuviel]

First the proposed rule must be published in the Federal Register, then the 30 days start. So look for them to publish it late on a Friday. Perhaps right after one or both of the conventions when the media will be swooning over McCain and will fail to tell us it has been published.

[JazzPuff]

I have not been able to find any links via the interior site as well. But, being a member of the NRDC, I have found alot of assistance in contacting senators/reacting to swfit changing policies that are against the environment and wildlife at NRDC's BIOGEMS website; www.nrdconline.org

[RepugsOut08]

This is the same administration that thinks they don't need friends abroad. They don't need a legal reason to invade a sovereign nation. They don't need adequate inspectors protecting our food supplies. They don't need to follow the Constitution or obey any law that gets in the way of their ambitions.
It is in perfect keeping for them to think they don't need clean air to breath or pure water to drink. The ecosytem is just in the way and a distraction to their greed and short sightedness.
98% of all the creatures that have evolved since the Earth began are now extinct. Those creatures who could not adapt to rapidly changing conditions are no longer with us. Destroying ecosystems and species before we even have the chance to study what the inpact will be for our future, is one of the most foolish actions modern humanity has taken.
Hurricanes, earthquakes, tsunamis and other natural disasters have shown that Mother Nature can humble the strongest nations on Earth. Those who arrogantly lie to themselves that they don't need to respect Mother Nature, are putting all of humanity in peril. It is in all of humanity's interest in every part of the world to keep these people out of power.

[LiberalBuzz]

What's the point? Is Booosh just trying to score some points? All Obama has to do when he takes office is reverse those lame rules by the Booosh administration.

[RepugsOut08]

Let's add this to the looooong list of reasons why Obama simply MUST get elected. Just imagine the environmental groups going up against a totally stacked consevative Supreme Court for a generation into the future? That alone would probably seal humanity's fate

[whoopingcrone]

The "point", i.e. "objectives" are to make still another government agency irrelevant and reduce the number of potentially "independent" and rational brains operating within it.