WASHINGTON(AP)
Animals and plants in danger of becoming extinct could lose the
protection of government experts who make sure that dams, highways
and other projects don't pose a threat, under regulations the
Bush administration is set to put in place before President-elect
Obama can reverse them.
The rules must be published Friday to take effect before Obama
is sworn in Jan. 20. Otherwise, he can undo them with the stroke of
a pen.
The Interior Department rushed to complete the rules in three
months over the objections of lawmakers and environmentalists who
argued that they would weaken how a landmark conservation law is
applied.
A Nov. 12 version of the final rules obtained by the Associated
Press has changed little from the original proposal, despite the
more than 250,000 comments received since it was first proposed in
August.
The rules eliminate the input of federal wildlife scientists in
some endangered species cases, allowing the federal agency in
charge of building, authorizing or funding a project to determine
for itself if it is likely to harm endangered wildlife and
plants.
Current regulations require independent wildlife biologists to
sign off on these decisions before a project can go forward, at
times modifying the design to better protect species.
The regulations also bar federal agencies from assessing
emissions of the gases blamed for global warming on species and
habitats, a tactic environmentalists have tried to use to block new
coal-fired power plants.
Tina Kreisher, an Interior Department spokeswoman, could not
confirm whether the rule would be published before the deadline,
saying only that the White House was still reviewing it. But she
said changes were being made based on the comments received.
"We started this; we want to finish this," said
Kreisher.
If the rules go into effect before Obama takes office, they will
be difficult to overturn since it would require the new
administration to restart the rule-making process. Congress,
however, could reverse the rules through the Congressional Review
Act _ a law that allows review of new federal regulations.
It's been used once in the last 12 years, but some
Democratic lawmakers have said they may employ it to block the
endangered species rules and other midnight regulations by the Bush
administration.
Rep. Nick Rahall, D-W.Va., chairman of the House Natural
Resources Committee, said Wednesday that he and other Democrats
were committed to "the change that is needed."
Drew Hammill, a spokesman for House Speaker Nancy Pelosi,
D-Calif., said the House will be looking at ways to overturn the
endangered species rules and other midnight regulations.
"The House, in consultation with the incoming
administration and relevant committees, will review what oversight
tools are at our disposal regarding this and other last minute
attempts to inflict severe damage to the law in the waning moments
of the Bush administration," Hammill said.
The Bush administration has made no secret of its intent to
complete the endangered species changes quickly.
When the proposal was first announced in August, the public was
initially given 30 days to comment. That period was later doubled
after Democratic lawmakers pressed for more time.
Then, last month, the head of the endangered species program
corralled 15 experts in Washington to sort through 200,000 comments
in 32 hours.
"This is definitely lightning quick," said John
Kostyack, executive director of the National Wildlife
Federation's Wildlife Conservation and Global Warming
initiative. "I would be surprised that they spent all this
time rushing it through if it wasn't greased."
If successful, the Bush administration will accomplish through
rules what conservative Republicans have been unable to achieve in
Congress: ending some environmental reviews that developers and
other federal agencies blame for delays and cost increases on many
projects.
Supporters of the changes also expected it to be finalized later
this week.
The Pacific Legal Foundation, which advocates for property
rights, urged that the rules be approved.
"Litigious activists have used the Endangered Species Act
to fight projects," Reed Hopper, the foundation's
principal attorney, said in a statement. "The
administration's current proposal is a step toward curbing
these abuses."
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