Language tucked into the massive omnibus spending bill would give the Obama administration carte blanche to reverse two controversial endangered species rules that the Bush administration pushed through in its final months of office.
The rider in the spending measure, which House Democrats released this afternoon, 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.
At issue are two rules the Bush administration finalized in December: one that scaled back longstanding safeguards for endangered species and another that limited protections for the polar bear.
The Bush administration's Interior Department published the rules in time for them to enter into force before President Obama took office -- leaving little recourse for the new administration without starting over with the federal regulatory process. Usually new regulations require agencies to follow strict guidelines for public notice and comment, a process that takes months to years to complete.
But the new spending bill would change all of that for the ESA rules, making it possible for the new administration to throw them out immediately. The bill includes language that says the Interior or Commerce secretaries can withdraw or reissue the endangered species and polar bear rules within 60 days "without regard to any provision of statute or regulation."
Since taking office last month, Interior Secretary Ken Salazar has listed both the endangered species rules among those his department would closely examine to determine options to change the rules.
A move to overturn the rules would be a victory for environmental groups and Capitol Hill Democrats who have been harshly critical of the "midnight regulations."
Throwing out the polar bear rule could also open the door to using the bear's ESA listing to force the federal government to address greenhouse gas emissions.
Last year, the Interior Department listed the polar bear as a threatened species due to its melting sea ice habitat. But to avoid using the ESA as a tool to regulate power plants across the nation, outgoing Interior Secretary Dirk Kempthorne also issued a special rule in December that specifies that greenhouse gas emissions cannot be regulated in an effort to protect the bear.
Environmentalists have urged the Obama administration to change course on this decision, although many prefer to wait for a less ad hoc way to address climate change.
The special rule also weakens some other potential protections for the bear. It exempts the federal government from some requirements to protect habitat and avoid hurting the bears.
The wider-ranging ESA rules have faced unanimous critiques from wildlife scientists, Capitol Hill Democrats and environmental groups.
The rule makes optional a longstanding required step in the federal effort to protect imperiled plants and wildlife. For decades ESA rules have required agencies to consult with Fish and Wildlife Service biologists on actions that might threaten species. The new regulations allow agencies to skip that process in cases where they think there would be little harm to a species.
The language included in the omnibus states that if the administration chose to throw out the rules, the process would go back to where it stood before the new rules.
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