BUSH DEVELOPMENTS
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FEDERATION OF WESTERN OUTDOOR CLUBS
Positive
developments preceded by [
+ ]; negative ones by [ - ].
Four fifths of the decisions made by the Bush Administration in the
last five months drew objections from environmentalists.
Only 14 per cent of their decisions were thought to be positive, mainly
stemming from decisions by EPA and the Fish and Wildlife
Service. Most of the decisions made by the Forest
Service were objectionable.
-
The
Bush administration continues to push forward with plans to weaken the
New Source Review provisions of the Clean Air Act. They
would allow industrial polluters to upgrade their plants without
installing the latest equipment to limit emissions.
Democrats in the Senate have tried to subject this proposal to further
analysis. EPA has been trying to enforce the existing law
by requiring various utilities to install better equipment to reduce
emissions.
+
EPA promulgates new regulations to reduce the harmful emissions from
diesel engines used in industrial applications, construction and
agriculture. Under the new rules, they would have to cut their
emissions by 95 per cent.
+
EPA decides not to exempt lower risk facilities from regulations
applying to the clay and brick industry.
-
The Bush administration seems to be moving away from its earlier
commitment to substantially reduce emissions of mercury from coal-fired
power plants. As part of its "Clean Skies" initiative, it had
pledged
to reduce the emissions of mercury by 46 per cent in the next
decade.
Now it seems to be acquiescing in efforts by legislators to lift that
requirement. However, alternate plans, which would rely less on
coal, would save even more lives.
-
In place of requiring industry to reduce their release of greenhouse
gasses, the Bush Administration is trying to sell them on pledging to
make voluntary cuts. Critics doubt this will produce
much. In a speech devoid of many specifics, the Secretary
of Agriculture has also called upon farmers to do more to sequester
carbon dioxide on their lands. She said they plan to offer
incentives to farmers and ranchers.
[?] While President Bush has endorsed the promise of fuel
cells and hydrogen power for car engines, critics think he is trying to
avoid
endorsing efforts to improve the fuel efficiency of engines in cars now
being sold. Moreover, the key question is whether the
hydrogen will come from dirty coal or solar power.
-
The Bush administration is trying to weaken the Montreal Protocol
(which protects the atmospheric ozone layer that shields the earth) by
asking for exemptions for the pesticide, methyl bromide.
[?] The Bush Administration's order to slightly improve the
fuel economy of SUV's, vans and pickups (to 22.2 mpg by 2007) falls far
short of what is needed and amounts to only 1.5 mpg over the current
standard.
-
The Bush administration has encountered an obstacle in its efforts to
admit 30,000 Mexican trucks across U.S. borders. The
administration argues that NAFTA requires it to do that, but a federal
judge has disagreed and barred doing that for now. Critics
argue that many of these vehicles are highly polluting and don't meet
U.S. standards.
-
The EPA is proposing to offer feedlots and other CAFOs amnesty for past
violations in exchange for allowing it to monitor their operations--to
determine how much they are releasing into the environment.
Critics think this is allowing them to continue to pollute.
-
The Bush administration has decided to let polluters to continue to
pollute if they buy credits from others polluters in that watershed who
have made reductions. This policy reduces the incentive for these
operators to find ways to improve their operations and to upgrade those
industries which pollute a lot.
-
EPA proposes to extend the deadline by which the oil and gas industry
have to comply with storm water discharge requirements for their
construction projects.
-
The Bush administration continues to push for development of coalbed
methane in places such as Wyoming, despite the danger of polluting the
aquifer and opposition from ranchers. As many as 51,000 wells
could be
drilled to extract methane from beds of coal. They have
lifted a moratorium on developing these wells.
-
The EPA has decided to weaken regulations which protect wetlands.
It no longer will apply its regulations to wetlands which are
non-navigatable or isolated. As many as 20 million acres of
wetlands may be denied federal protection.
-
The Bush White House has intervened to edit out passages in a EPA
report which dealt with the danger of climate change from greenhouse
gasses.
-
Under President Bush, the civil penalties levied (and obtained by the
Justice Department) for violations of environmental laws have declined
by half (compared to the preceding two years). The amounts
levied in the case of criminal violations dropped by a
third. There are 7 per cent fewer people on their
enforcement staff. The EPA is not complying with legal
requirements that the amounts of fines keep up with
inflation. The EPA claims, though, that they are now
forcing noncompliant companies to spend more. However,
critics also point out that while 25 per cent of major operators are
out of compliance, EPA takes disciplinary action in only 15 percent of
the cases.
-
The Bush administration is encouraging various industries, which chafe
under environmental laws, to sue. They will then settle on
terms beneficial to these industries out of public view.
-
The Bush Administration has been screening those who have been
suggested for appointment to EPA Advisory Committees to determine their
political views, rather than basing their appointments on their
scientific qualifications.
-
Responding to objections, EPA claims to have abandoned the practice of
imputing less value to the benefits which would be enjoyed by senior
citizens who might be affected by pollution. However, its
new methodology still will reflect some of that thinking.
In determining the benefits from possible regulations, it will look at
how many years will be added to people's lives, which will be
less for older people.
-
The Bush Administration has asked Congress to exempt the Defense
Department from a host of environmental laws. Included
would be the Clean Air Act, the Endangered Species Act, the Superfund
law, the Marine Mammal
Protection Act, and RCRA. States would also be granted more
leeway with regard to national guard activity too.
-
While the Bush administration continues to call for oil drilling on the
coastal plain in Alaska's Arctic National Wildlife Refuge, six
Republican senators have now sided with the opponents.
Passage of legislation to permit this drilling appears to be blocked.
-
An Assistant Secretary of the Interior, who oversees wildlife, has
called for amending the Endangered Species Act so that the government
will be less vulnerable to lawsuits which require it to list new
species as endangered. He has also asked Congress for an
extension of time to respond to court orders that he designate critical
habitat for various endangered species.
-
The Fish and Wildlife Service is "downlisting" the gray wolf from
endangered to threatened. This change will permit ranchers
to kill wolves which have been reintroduced in the northern Rocky
Mountains. This position has been embraced by the
administration.
-
Interior Secretary Gail Norton has turned over the National Bison Range
in Montana to nearby Indian tribes to manage. Two other
national wildlife refuges may also be turned over to them--the Ninepipe
and Pablo. The tribes are the Confederated Salish and the
Kootenai. These actions are being taken under a policy of
the Bush administration to turn federal holdings over to tribes which
claim the lands have historical or cultural meaning for
them. Almost all federal lands have significance for some
tribe.
-
The Fish and Wildlife Service has decided to reduce the size of its
designations of critical habitat on Maui, Hawaii by 25 per
cent. It is being sued by environmentalists.
+
The Fish and Wildlife Service has decided to end the practice of
relocating sea otters off the California coast. The otters
had been relocated when fishermen complained about competition from
them. The Service has also drawn up new plans to protect
the sea otters from sewage, disease, oil spills and toxic chemicals.
Now the Congress must provide the funds to put it into effect.
+
The administration has proposed to breach the Milltown Dam on the upper
Clark Fork in Montana because it blocks migration of the
endangered bull trout.
-
The Bush administration has relaxed federal protection for dolphins by
permitting those who are fishing for tuna to encircle and chase
dolphins. Research has shown that this practice exposes the
dolphins to dangerous levels of stress. A federal judge has
questioned their interpretation of "dolphin-safe" requirements in the
law, and the issue is currently tie up in a law suit brought by
environmental groups.
-
The Bush administration plans to eliminate the requirement that federal
agencies consult before acting whenever species which are endangered or
threatened might be affected. This requirement has been
thought to impede work to reduce fire dangers.
-
The Department of Agriculture has moved ahead with their policies to
allow logging of commercially valuable tree species under the guise of
reducing fire hazards. Up to 1000 acres in a project can be
logged with no public oversight or opportunity to appeal the
decision. If an emergency is deemed to exist, logging can
go forward even where an appeal is pending. Trees of any
size can be logged if they claim a hazardous condition
exists.
+
The Bush Administration has decided to let a temporary rule expire
which had permitted some road building in roadless areas.
However, the administration is also allowing governors to request
exceptions for various reasons.
-
The Forest Service has issued revised regulations which allow it to
deny standing for those who would like to file appeals if the Service
feels that "substantive comments" would not be filed. For
those appealing fire treatment projects, they must have objected to the
specifics when first proposed.
-
The Forest Service is planning to disregard any input from the public
which is not an original composition. It plans to disregard
form letters, pre-printed post cards, signatures on petitions,
etc. It is not clear how they will treat email.
-
As part of President Bush's so-called "Healthy Forests
Initiative," the Forest Service will no longer require environmental
impact
statements on activities designed to prevent forest fires.
Small timber sales, which involve trees with insect infestations or
which involve efforts to reduce fire risk, would be exempt from NEPA
requirements.
-
Appointees of the Bush Administration have caused the Sierra Nevada
Framework, applying to national forests in the Sierra Nevada range, to
be weakened. By relaxing the limit on the size of the trees that
can be cut (from 12 inches to 30 inches), logging would be more than
doubled. More cattle also could be grazed. Habitat
for the California Spotted Owl could be affected. The
Forest Service justifies the changes in terms of fuel reduction.
-
In the Giant Sequoia National Monument, which is part of the Sequoia
National Forest, administrators plan to log as many as ten million
board feet a year. Trees up to 30 inches in diameter could be
cut.
This would take place in an area which is supposed to be exempt from
commercial activity. It is being proposed ostensibly to
reduce the fuel load.
-
The Bush administration has agreed to undertake a five-year review to
determine whether the designation of 22 million acres as critical
habitat for the northern spotted owl in northwest national forests has
helped the owl or not. This decision arises out of settlement of
a law suit by a timber industry group. It is regarded as a
beginning step toward backing away from this decision. The step
is being contested in court by environmental groups.
-
In the Pacific Northwest, the Forest Service and the BLM plan to drop
the guideline which has required them to survey and manage all the
species on their lands. Under this provision of the
Northwest Forest Plan, dating to the Clinton Administration, they had
done field inventories of the species inhabiting tracts of their land
on which they planned activities. Then they had to show how
they would perpetuate those species. Timber sales had to await
such inventories. Now they promise to look after these species
under other authorities. But they may proceed in the absence of
knowledge about which species will be impacted. Some 24 million
acres of federal land will be affected and over 300 sensitive species
are affected. The decision may permit a 60 per cent
increase in logging. This decision arises out of a settlement of
a suit by industry.
-
In the Pacific Northwest, the Forest Service is proposing to change
rules which have been in effect to protect salmon habitat.
Instead of keeping the rule which prevents activities unless officials
can demonstrate that fish would not be harmed, now they would only have
to show there would be no long-term impacts of a negative sort on the
watershed in an overall sense. The goals of restoring and
maintaining the health of aquatic ecosystems would not be applied on a
project basis anymore. They would only be applied on the
basis of large systems. This decision also arises out of the
settlement of a suit by industry.
-
The Bush administration has decided to exempt the 17 million acre
Tongass National Forest in Alaska from the roadless area
rule. The nearby Chugach National Forest is also exempt
from some restrictions on logging.
-
The Bitterroot National Forest has authorized use of motorized vehicles
in the Selway Bitterroot Wilderness to do routine maintenance work on
small dams grandfathered into that wilderness. Critics say this
is not permitted by the Wilderness Act, which governs the area.
-
The BLM is proposing to modify its regulations to extend greater rights
to grazing interests. These changes essentially repeal the Clinton
Administration's grazing rules. It proposes to let
them share title to various "improvements" made to BLM ranges for
grazing purposes, such as fences and wells. It also proposes to
allow private grazing interests to maintain locked gates that would
close off public lands. It would also open various areas
reserved for wildlife to cattle, and make it harder for anyone other
than cattlemen to file appeals. There would be less monitoring of
the activities of permittees.
-
The Bush administration plans to cap the amount of wilderness which it
will allow on BLM land at 22.8 million acres. The rest
could be thrown open to development. Some 200 million acres
of BLM land would never be looked at for wilderness potential under
this policy.
-
The BLM has announced its specific intention to suspend new wilderness
reviews in Utah and to remove protection for nearly 3 million acres in
that state has been under consideration for wilderness designation.
-
Contested roads across BLM land in Utah would be given to counties
there if they can prove the roads were used before 1976, are
maintained, are passable by rugged vehicles, and are part of the
state's transportation system. Notwithstanding a Congress
bar on such action, the administration is proceeding under the theory
of "recordable disclaimers." A twelve year statute of
limitations on making claims has been waived by the
administration. Interior Secretary Norton also explained that she
is thinking of applying the same procedure in Colorado. She
is also thinking of applying it to other lands administered by the
Interior Department, including national monuments and wildlife refuges.
[?] The BLM has issued a regulation which requires that, in
cases where
ownership is divided (e.g., where "split estates" exist), the surface
owner must agree to plans to drill for minerals before the drilling can
begin. However, where the parties disagree, the
administration might still allow drilling to occur if a bond is posted
to cover possible damages.
-
The BLM has granted a camp for runners the right to stage events in the
Steens Mountain (OR) Wilderness. This is a commercial event.
-
The Bush administration has been judged to be a poor custodian of the
National Park System. The National Parks and Conservation
Association has given them a D- grade for their neglect of the nation's
parks. They see the parks threatened in all sorts of ways--by too
much encroaching air pollution, by private threats outside of the parks
which may impinge on them, and by plans to build unneeded
roads. They also are unhappy with plans to privatize
various operations in the parks.
-
The Interior Department is pushing a proposal to privatize about 70 per
cent of the work force of the National Park Service. The
jobs of some scientists could be affected, as well as maintenance
workers. It will cost money to get ready to convert these
jobs so that they can be given to outsiders. One report is that
the Interior Department is shaving money from other budgets, such as
for removing asbestos from buildings in Yosemite National Park.
-
Secretary of the Interior Gail Norton has ceded control over the waters
flowing through Black Canyon of the Gunnison National Monument to the
state of Colorado. These water rights were reserved to the
federal government when the monument was established. The state
plans to sell the water rights.
-
The administration has asked that Yellowstone National Park be removed
from the international list of endangered World Heritage sites.
However, the professional staff of the park disagrees and thinks the
park still belongs on the list because of threats around its edges.
+
The Atomic Safety and Licensing Board has rejected plans to store spent
nuclear fuel in Skull Valley, Utah. The repository would
have been built on the Goshute Indian Reservation. This decision
is subject to review by the Nuclear Regulatory Commission.
-
The Bush administration is encouraging construction of the first
nuclear power plant in three decades. It refuses to look at the
problems arising from the entire nuclear fuel cycle.
-
The Bush administration has asked the Senate to ratify a treaty with
Russia to protect polar bears.
-
The Bush administration has filed a law suit at the World Trade
Organization against the European Union over its restrictions against
agricultural products which have been genetically modified.
-
The Bush administration has signed on to an international effort to
explore technologies to store (or sequester) carbon. This would
be part of a global strategy designed to decrease the concentration of
greenhouse gasses in the atmosphere. However, this effort would
be consistent with the administration's opposition to avoid mandating
reductions in emissions of those gasses.
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