Breaking: Obama may announce intent to reconsider Bush administration Endangered Species Act Regulations
- Andrew Wetzler
- Director, Endangered Species Project, Chicago
- Blog | About
- Posted March 3, 2009 in Saving Wildlife and Wild Places , U.S. Law and Policy
The Los Angeles Times reports that President Obama will make an announcement today about former President Bush's last-minute regulations weakening the Endangered Species Act. The Bush regulations went into effect on January 15, 2009.
According to the Times, the White House "will announce today that it is reconsidering" the Bush administrations changes to the Act. The Times story is a bit sketchy on details, but Congressman Nick Rahall, Chairman of the House Natural Resources Committee, is quoted as praising the President's move "to restore the protections for endangered species that the Bush administration spent so many years trying to undermine," which certainly sounds promising.
In the meantime, as part of an omnibus appropriations bill now pending in the Senate, Congress is trying to give the President the flexibility to quickly withdraw these Bush era regulations and restore the status quo that existed on January 14, 2009. But Alaska Senator Lisa Murkowski has moved to block this measure, potentially placing the entire future of the spending package doubt. That's no small thing, considering that the omnibus bill not only gives the President the authority to quickly reverse the Endangered Species Act rule but also contains crucial spending measures to promote a sustainable energy future. Among other things, the bill would increase solar energy funding to $175 million; quadruple water energy programs to $40 million; and increase the vehicle technology accounts to $273 million.
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UPDATE: The Washington Post is reporting that President Obama intends to "issue a presidential memorandum...that will direct departments to yet again consult with the two agencies on decisions that could affect imperiled plants and animals while the Interior and Commerce Departments review the Bush rulemaking."
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Comments
Patricia M. Porter — Mar 6 2009 02:41 PM
This question concerns the proposed expanded Navy testing. Northwest Training Range Complex EIS covers 4 states, Washington, Oregon, Calif. and Idaho. Public comment period ends March 11th. My question is: If Obama restores the Endangered Species Act will the Navy have to redo their EIS?
Pat Porter
Port Townsend, WA
Taryn Kiekow, NRDC Marine Mammal Group — Mar 6 2009 06:23 PM
Hi Patricia - I'm one of the NRDC attorneys writing comments on the Navy's draft EIS for its Northwest Training Range Complex. The Navy issued its draft EIS pursuant to NEPA, not the ESA, so the answer to your question is likely "no". Although the Navy's draft EIS states that it has consulted with NMFS and FWS under Section 7 of the ESA, the resulting Biological Opinions have not been made public so we cannot evaluate them. Undoubtedly, however, those consultations occurred under the old ESA consultation rules, because the Navy's draft EIS was released last December (around the same time the ESA consultation requirements were gutted by the Bush administration and before those new requirements took effect).
Patricia M. Porter — Mar 8 2009 12:53 AM
Navy blasts not big threat to fish, orcas, feds decide
July 30, 2008 (Seattle Times)
The U.S. Navy can keep setting off underwater explosions in Puget Sound without posing a serious threat to protected salmon, steelhead and orcas, a federal wildlife agency has concluded. (full story)
Ian @ NRDC — Mar 8 2009 04:17 PM
Patricia -- just to make sure we don't get into trouble with the Seattle Times for using their copyrighted material, I changed your above comment to a link to the story on the ST website.