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AP Reports Proposal to Drastically Alter Endangered Species Act

by Greg Haegele, Sierra Club on 08.13.08
Business & Politics

bald-eagle.jpg

I've been part of the environmental movement for a long time, but I learned about something ominous that happened this week -- something that made the hair on my arms stand on end.

The Associated Press broke the story of an egregious and sweeping assault by the Bush administration on regulations that helped bring the bald eagle and other creatures back from the brink of extinction. The worst part is that I believe it's probably a foreshadowing of the havoc that will be wreaked in the final months of this administration.

The AP obtained a draft of a proposed rule by Interior Department Secretary Dirk Kempthorne that would allow federal agencies -- not scientists -- to determine when a particular project would harm endangered animals and plants.

The new rules effectively take decision-making on endangered species listings out of the hands of scientists and wildlife professionals at agencies such as the U.S. Fish and Wildlife Services and instead put those decisions in the hands of the agencies working on the projects -- think roads, dams, logging operations -- that might be adversely affected by a listing. The AP article states that the new regulations, which don't require the approval of Congress, would reduce the mandatory, independent reviews government scientists have been performing for 35 years. It's being called the biggest overhaul of the Endangered Species Act since 1986.

It's obvious that the Interior Department is now trying to use administrative tricks do what Congress wouldn't allow back when Richard Pombo tried it -- a complete deconstruction of the Endangered Species Act.

Here's the clincher, according to the AP article:

Interior Secretary Dirk Kempthorne said late Monday the changes were needed to ensure that the Endangered Species Act would not be used as a "back door" to regulate the gases blamed for global warming. In May, the polar bear became the first species declared as threatened because of climate change. Warming temperatures are expected to melt the sea ice the bear depends on for survival.The draft rules would bar federal agencies from assessing the emissions from projects that contribute to global warming and its effect on species and habitats.

I guess if you don't want to play by the rules, you've got a lot of incentive to change them. This plan reeks of the disdain for science and political trumping of expertise that has characterized previous efforts to dismantle fundamental environmental laws.

It sends a clear signal that this administration will spend the rest of its days trying to raze what remains of the rules and regulations that have kept wildlife like the bald eagle from going extinct. We'll be among the environmental groups and others keeping a close eye on these developments. If you'd like us to keep you up to speed, subscribe to our Currents e-newsletter.

Greg Haegle is conservation director of the Sierra Club and a regular guest contributor to TreeHugger.

Comments (14)

There is a simple truth that is always going to elude our elected representatives: What harm could it possibly do to pollute less!

So when does this latest travesty go up for review and who will be reviewing it?

What actions are the Sierra Club and Tree Hugger taking to thwart this injustice?

Where's the petition or the list of people to write to?

jump to top Sisyphus [TypeKey Profile Page] says:

This is a heart breaking travesty.

jump to top Dallas says:

Oh man... This is the Bush administration's M.O. The logging and construction lobbyists probably even wrote the legislation.

Elect those that think government is worthless and what you get is a worthless government.

jump to top stradric [TypeKey Profile Page] says:

Ah George,
not content with going down in history as the worst president the US has EVER had, you obviously feel the need to hammer a few more nails into the coffin of your bad reputation. Hopefully Obama will undo some of your evil deeds! You have soiled the US in the eyes of it's countrymen and of the world.

jump to top ecobore [TypeKey Profile Page] says:

The national wildlife federation has a petition going out trying to stop all this: https://online.nwf.org/site/Advocacy?pagename=homepage&page=UserAction&id=603&s_src=newsrelease (though it's too bad you need to live in the US to fill it in...)

jump to top Juliette says:

Provided that the next president is progressive and environmentally-conscious, he will be spending the first three years of his administration undoing the damage that lame duck Bush is doing on the way out.

How is something like this not under the regulatory purview of Congress, or the court system? Seems to me like there should be some kind of check or balance on such an abuse of power. Or perhaps it's time for more states to assert their right to regulate within their own territory, and kick the federal government with its whole dubious "pertaining to interstate commerce" umbrella clause out the window. I think that what California, Oregon, and Washington are doing to oppose offshore drilling should be repeated in this situation.

jump to top Brian says:

You swipe the photo from my blog post and don't even link to me? Bad blogger karma!

jump to top eoin [TypeKey Profile Page] says:

I agree with Sisyphus - Please let us know more about the review process for these regulations and how we can help fight against it.

jump to top ricachica says:

Sorry for the oversight Eoin. I've added a link to your post, "Are They Really Going to Gut the Endangered Species Act?" It's good people, link thru!

jump to top megoneill says:

A challenge for any politician is how can we keep enough people paying attention to remind them of their campaign promises. Way back for 2000 there was a LOT of talk about "science based decisions” and using the best available science. If the mass media could play those tapes for the public daily for seven to ten days along with the story about the logging and endangered species act, I think there would be some public revisions and changes to what they are attempting to slide under the radar. Politics runs on pressure and we could have the pressure, if enough people would pay attention.

jump to top Dan says:

Anyone who is unclear why defending the right of the public to participate in government decisions about the environment is important, or the specifics of what a good process looks like in different countries, is invited to check out a new publication from the World Resources Institute called “Voice and Choice: Opening the Door to Environmental Democracy.” It’s available for free download here:

http://www.accessinitiative.org/resource/voice-and-choice-opening-door-environmental-democracy

What a coincidence this is- as part of a summer english assignment, we had to choose a nonfiction book to read. I chose Rachel Carson's Silent Spring. In case you haven't read it, it's basically a log of all the times the government insisted on spraying harmful chemicals in order to eradicate harmful species, even though there were natural control methods and the chemicals weren't even guarunteed to work.

One instance stood out in particular: the government insisted on spraying the southern states to get rid of some sort of stinging ant. In fact, the spraying only made the problem worse, plus there were no birds (eagles, hawks, finches, sparrows, etc) left to be seen. Such chemicals have been since outlawed but this is the future we are looking at (not to be pestimistic).

The states, after seeing what was being done to their wildlife, refused to let the government spray anymore. This was an act of the citizens- if we all protest about it, maybe we can put an end to this =]

jump to top Erin says:

It'd be refreshing if the folks crying wolf (or bald eagle) every time someone proposed an amendment to environmental law had a clue about what they were talking about. Believe it or not, those heartless agencies threatening the lives of species on the brink with their new roads and construction employ some of the most competent and professional scientific minds this country has to offer.

I'd be remiss if I said I thought Mr. Kempthorn was approaching this the correct way. This is blatant backdoor politics. However, the courts have proven to be an ally on this front (case in point the recent gray wolf ruling) and I am confident we'll all get through this unscathed.

jump to top OneEarth says:

Hasn't Bush done enough to to twist our country out of a natural shape or condition!!???

Legacies of Bush: taxpayers now bear the burden of 700 billion dollars for a plan to "save" the American economy. Off shore drilling expanded on American coast lines. George W. Bush: "One of the most serious, long-term challenges facing our country is dependence on oil, especially oil from foreign lands. It's a serious challenge, and members of Congress up here understand the challenge, and so do I, because this dependence harms us economically through high and volatile prices at the gas pump. Dependence creates pollution and contributes to greenhouse gas emissions." Hmmm so now he wants to say something like "Ya need to build a road, go ahead you don't need to ask, just do it"!! And what travels on those roads....gas burning vehicles!!
Here is another bit: "White House officials say Bush has long been concerned about greenhouse gas emissions and their effects on the climate." Okay so let's dig up lowlands that house birds and other endangered species...gee any chance there is oil in them thar hills!!???
And when was it he did an executive order "Declaring automobile manufactures had to meet higher emissions standards!???? Hmm what about promoting alternative fuels instead for passing something that encourages automobile manufactures to continue on as "normal."
He also made America and American soldiers an aggressor in the war in Iraq all while saying WMD. What else!!??? Increase the budget deficit.. and list goes on and on.

This man's interest has very little to do with America and Americans and more to do with his personal desires of gain while he rapes America for OIL and works to secure his personal future and NOT OURS or our children!!!

HOW MUCH MORE DAMAGE WILL HE DO BEFORE JANUARY 2009?

jump to top KRyan says:

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