The Associated Press reports
that the Bush Administration plans to bypass Congress and gut the
Endangered Species Act (ESA) much in the same way a predator may gut an
actual endangered creature.
Currently, federal agencies
wishing to go forward with construction and development projects must
submit to independent reviews by scientists, in order to make sure they
would not be violating the ESA. However, a draft of new rules would
only require agencies to review their own case and decide for
themselves if their proposed action would damage endangered wildlife or
their habitats.
Previous attempts to implement similar
deregulation have failed to survive the Senate (in 2005) and courts (in
2003). Imagine the Bush Administration as the child who asks his
mother for permission and is denied, who then asks father (pretending
he has not yet been told ‘No') and is turned down, and finally does
whatever he wanted to do anyway.
The ESA has been around for 35
years, and scientists currently perform tens of thousands of reviews
each year. While the administration maintains that the reviews are
unnecessary (like they see wooded areas), the AP reports that "A
federal government handbook from 1998 described the consultations as
‘some of the most valuable and powerful tools to conserve listed
species.'"
Secretary of the Interior Dirk Kempthorne maintains
that the proposed changes are necessary to prevent scientists from
using their regulatory power as a "back door" to regulate carbon
emissions causing global warming. He fears arguments could be made that
"erroneously" tie those emissions to habitat loss for endangered
species. Apparently, the two are unrelated; polar bears must be
swimming more for health reasons.
Citing complaints that the
review process has resulted in large delays and increased costs,
supporters of this new policy remind Americans that no animal is more
important than economic development. After all, if the government is
best which governs least, then worst must be the government that deigns
to govern itself. It is an odd twist: Conservatives begging citizens
to not check or balance their government.
There is hope that
Congress will intervene to halt this abuse of power (an Endangered
Endangered Species Act, anyone?), but such a bill could take months to
write and pass. How hard it is to make legislation through the
appropriate channels!
Ignoring Congress and the courts is an
insult to the American legislative process. When an executive branch
goes rogue and attempts to eradicate successful and longstanding laws
like the ESA, they are endangering not only the animals needing
protection, but also the voices of the citizens they should represent.
Let us not forget why things need to be protected in the first place.
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