Alaska's two senators want to throw a roadblock in front of the Democratic push to do away with a pair of Bush-era Endangered Species Act decisions.
The fiscal 2009 omnibus spending bill in the Senate would give the Obama administration significant leeway to reverse two controversial endangered species rules -- one that scaled back longstanding safeguards for endangered species and another that limited protections for the polar bear.
Specifically, the bill would allow the White House to withdraw the Endangered Species Act rules within 60 days without having to go through any public comment period or legal challenge.
The Bush administration proposed the polar bear rule in May and rolled out the larger ESA changes in August. The administration finalized both rules in December, just in time for them to enter into force before President Obama took office. The timing leaves little recourse for the new administration to change the rules without starting over with the federal regulatory process.
The rider, however, would clear the way for the Interior or Commerce departments to throw out the Bush-era changes without going through the normal lengthy regulatory process. Some Republicans are concerned the rider could open the door to using the polar bear's Endangered Species Act listing to force the federal government to address greenhouse gas emissions and have vehemently objected to the language (E&E Daily, Feb. 25).
But an amendment by Alaska Sens. Lisa Murkowski (R) and Mark Begich (D) proposes that if the administration does choose to pull the rules, the action would be subject to the standard 60 day comment period.
"Without this amendment, the provision inserted in the House allows the secretaries to make dramatic changes in rules and regulations without having to comply with multiple, long-standing federal laws that require public notice and public comment by the American people and knowledgeable scientists," Begich said in a statement. "These changes have the potential for far-reaching and unintended consequences on our economy."
Murkowski also warned that if the rules are pulled it would mean that "any increase in carbon dioxide or any greenhouse gas, anywhere in the country could be subject to legal challenges" because one could argue that those activities harm polar bears.
An aide for Begich said there has been no decision yet on when or if the amendment would come to a vote. The Senate started debate on the omnibus bill last night but there were no votes on amendments.
Lawmakers are faced with a Friday deadline for passing the bill, as the continuing resolution keeping the federal government open expires on that day. And while Senate Republicans have not indicated that they intend to slow or try to block consideration of the measure, Minority Leader Mitch McConnell (R-Ky.) did urge the Senate yesterday to hold off on quick action on the bill.
"I would suggest as we begin this debate that the House prepare a short-term continuing resolution," McConnell said yesterday. "There is no reason for either the Senate or the American people to feel artificially rushed, particularly on a bill of this magnitude."
But Senate Appropriations Committee ranking member Thad Cochran (R-Miss.) said on the floor yesterday that while he had concerns about the process and some of the spending levels in the bill, he believed the Senate should act quickly to finish off fiscal 2009 spending.
"Some would like us to enact a continuing resolution for the remainder of the year that holds programs to their FY 2008 funding levels, thereby saving billions of dollars," Cochran said. "But knowing the impact that a full year continuing resolution would have on individual programs, I don't think the majority would propose such a measure. And I don't think the president would sign it."
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