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Editorial: Bush administration's rushed regulations
Monday, November 24, 2008
Filed Under: Opinion

"Acknowledging "the historical tendency of administrations to increase regulatory activity in their final months," White House Chief of Staff Joshua B. Bolten issued a directive to federal agencies in May to release any final regulations before Nov. 1. The administration billed this as a bit of "good government." We would agree, were it not for new rules with broad implications that continue to churn their way to adoption long after Mr. Bolten's deadline.

The Interior Department wants to revise the application of the Endangered Species Act. The Environmental Protection Agency wants to do the same with the Clean Air Act. If what's being proposed goes through, air quality in and around national parks, and threatened plant and animal species, would be imperiled. President-elect Barack Obama might be saddled with policies that run counter to his environmental vision.

Interior's action on the Endangered Species Act was the result of listing the polar bear in May as "threatened" under that law because of climate change. The statute was never intended to regulate the greenhouse gases that are warming the planet and melting the Arctic ice habitat of polar bears. So Interior Secretary Dirk Kempthorne proposed stripping the Fish and Wildlife Service, the National Marine Fisheries Service and other agencies of their roles in consulting with federal departments on building projects that are "likely to adversely affect" a listed species. The rationale that their experience complying with the Endangered Species Act gives agencies enough expertise to determine for themselves whether a project is likely to harm a species, not just polar bears, is flawed. Without those protective services in the consultative loop, there will be no check against the ambitions of agencies that want to complete projects -- and no safeguard for threatened and endangered species in the agencies' path."

Get the Story:
Editorial: Rushed Regulations (The Washington Post 11/21)

White House Watch:
Approaching the Midnight Hour (The Washington Post 11/20)

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