The Bush administration on Thursday eliminated 35-year-old regulations in the Endangered Species Act that required an independent scientific review of proposed federal projects to determine whether they imperil protected plants and animals.
Instead, federal agencies undertaking projects like road and power plant construction or oil and gas drilling will make their own assessment. Without the independent reviews, such projects could be accelerated.
As part of the changes announced by Interior Secretary Dirk Kempthorne in the final days of the Bush administration, the department finalized an interim rule that allows oil and gas drilling in polar bear habitat off Alaska's coast. The rule change is designed to prevent the Endangered Species Act from being used to regulate greenhouse gas emissions, essentially making climate change policy.
Kempthorne, who characterized the new rules as a common-sense streamlining of bureaucratic processes, acknowledged that there was disagreement within the department regarding the rules, which take effect in 30 days.
Under current law, agencies must submit any plans that could harm species on the endangered list for review by scientists at the U.S. Fish and Wildlife Service, which enforces the Endangered Species Act. The process has been criticized by home builders groups and the oil and gas industry for delaying costly projects.
The consultation requirement was intended as more than just a check and balance.
Jamie Rappaport Clark, executive vice president of Defenders of Wildlife and director of Fish and Wildlife under President Clinton, said the consultation process resolved the problem of "mission conflict" between agencies. The Department of Defense, for example, might not understand why an endangered plant should be considered when expanding a bombing range.
"The problem is the agencies don't always properly consider, understand or protect species in their habitat because they are focused on the pursuit of their primary mission," Clark said. "It's hard for the biologists to satisfy their responsibility to protect species if the agency perceives it affects their primary mission."
President-elect Barack Obama said he would reverse the rule changes, as have some members of Congress. But that requires a lengthy rule-making process. In the House, members can invoke the rarely used Congressional Review Act to overturn the regulations.
