National Forests

Appeals regulations –

limit citizen appeals rights for Forest Service projects including logging, grazing, off road vehicle management. Appeals time limit reduced.

Rule adopted

Proposed regulations to limit consultation -

on impacts to endangered plants and wildlife during forest management, including logging.

BLM & USFS may choose not to consult USFWS based on their own analysis that a project is “unlikely” to affect listed species.

Comment period closed

Healthy Forests Restoration Act of 2003", HR 1904 –

reduces scientific and public input into National Forest fuels management through logging and biomass removal. Curtails NEPA analysis and citizen challenges of such projects through appeals and courts. Directs courts to “give weight to” FS (vs. public) in considering environmental challenges to fuels projects.

House and Senate both passed bill in November, 2003

“Healthy Forests Initiative” –

numerous policy and regulatory proposals to “streamline” planning for logging and fuels reduction on national forests. See http://www.fs.fed.us/projects/HFI.shtml and Congressional Report ”Weird Science” for more information:

Various proposals

Roadless Areas –  

Overturned Clinton Administration rule to protect the 58 million remaining roadless acres on National Forests.

Bush Administration has proposed new regulations to allow states 18 months to exempt themselves from logging and roadbuilding limits in designated roadless areas. See USFS Roadless Area website and Wilderness Society web site for more information and TO COMMENT

Bush Administration final regulation proposed

Comment Period Closes November 15

Categorical Exclusions from NEPA – eliminate scientific and public review of several categories of logging projects including (i) up to 1000 ac. mechanical treatments, (ii) 4,500 ac. prescribed burning, (iii) post fire activity (salvage) up to 4200 ac.

Read the final rule

Final Rule adopted July, 2003

National Forest Management Act Regulations –

eliminates National Environmental Policy Act (NEPA) review of Forest Plans, species viability requirements on NFs, other ecosystem health standards. See http://www.fs.fed.us/emc/nfma/

See comment letter by Native Plant Conservation Campaign 

Comment period closed – Forest Service deliberating

Sierra Nevada Framework -

rolled back science based management plan for 11 million acres on Sierra Nevada national forests. The Forest Service's Info at: Sierra Nevada Framework website and Sierra Nevada Forest Protection Campaign  

The Forest Service hired a public relations firm to sell changes to plan. The hiring of a public relations firm to promote its forestry plan is unusual, if not unprecedented, in the history of the agency. (SF Chronicle 3/10/04)

Read California Native Plant Society appeal of revised Framework

Appeal period closed; litigation expected

Old Forest Species Protection - Administration has refused and delayed listing several old forest associated species, including the California Spotted Owl and Pacific Fisher denying protection to these imperiled species and their rapidly diminishing habitat.

Litigation pending

Survey and Mange Program - Forest Service eliminated program to study and protect 300 old forest species in the Pacific Northwest. By their analysis, this action puts at least 57 species at high vulnerability of extirpation through some or all of their range. See USFS Survey and Manage Home Page

Environmental groups are trying to regain protection for the 109 most imperiled species by petitioning to have them listed under the Federal Endangered Species Act. For more information see Center for Biological Diversity web page

Read Native Plant Conservation Campaign Comments on elimination of program

Survey and Manage Program eliminated March, 2004

Klamath River Basin -

Diverted water from river to agriculture in National Wildlife Refuge. In September 2002, flows were so reduced that more than 33,000 salmon died in the worst fish kill in U.S. history, devastating lower river salmon fishery. Administration ignored recommendations of agency scientists and tried to suppress a report showing the substantial economic benefits of leaving more water in the river. See the Pacific Coast Federation of Fishermen's Associations page and the Congressional "Weird Science" report for more information.

Congress deliberating, Litigation pending, Agencies determining future actions

Air, Water, Wetlands, Public Health

Wetlands -

"Guidance" removes Clean Water Act (CWA) protection for vernal pools, headwater streams, ephemeral streams, non-navigable tributaries of rivers and lake and other wetlands. Tens of thousands of stream miles and 20 million acres of wetlands may be affected.

Background information at the EPA website 

and www.vernalpools.org and the August, 2004 Guidance implementation report for more information

Read Native Plant Conservation Campaign Comments on proposal

Guidance took effect in March, 2003

Power Plant Emissions: New Source Review-

Administration reversed longstanding requirement that power plants add pollution control technology when expanding or upgrading.

Reports from EPA consultants estimate that implementation of New Source Review requirements would reduce air pollution related deaths by up to 10,000/yr and asthma attacks by up to 100,000/yr.

For more information on New Source Review and other federal Clean Air polices see the "Environmental Reporter" article

New rule adopted but stalled in court.

Several states (including California) challenging rule in courts. U.S. Circuit Court of Appeals halted the change stating that 12 states "have demonstrated the irreparable harm (of the rule) and the likelihood of success on the merits" of their case.

“Clear Skies Initiative” –

Proposal would set up air pollution trading system for major air pollutants; delays deadlines for attainment of pollution reduction and public health air quality standards. Proposal fails to regulate CO2 emissions which impact global climate change. See the EPA “Clear Skies" web site and the "Environmental Reporter"

Congress deliberating

Delay’s remedies for states downwind of polluters -

Bush proposal would prohibit states from achieving airborne toxic emission reductions from power plants in upwind states before 2012.

Congress deliberating

EPA rolls back regulation of Mercury as a hazardous substance under Clean Air Act reversed-

Instead of the 90% reduction by 2008 that was the previous Clean Air Act target, new regulations set lower goals of a maximum of 70% reduction in airborne mercury by 2018.

In making this decision, EPA staffers were told not to undertake  the normal scientific and economic studies. EPA veterans say they can not recall another instance in which the agency's technical experts were cut out of developing a major regulatory proposal. For more information on mercury see the EPA mercury website, for information on general federal Clean Air polices see the "Environmental Reporter" article, for some response from the U.S. senate see senators' letter to President Bush

Rule finalized April, 2004

Water Quality Monitoring Funding –

Congress deliberating 

Expanded Oil & Gas Exploration on Public Lands -

proposed exploration for oil and gas in Congressionally Designated Wilderness on Los Padres National Forest and elsewhere, including in habitat for endangered plants and animals

On BLM lands, Bush Administration has so far issued 34% more gas and oil exploration permits than Clinton administration.

Agencies Deliberating

Endangered Species

EPA regulations -

eliminate requirements that Fish and Wildlife Service scientists evaluate impacts of pesticide certification to listed species. EPA would “self consult” –  develop its own impacts analysis without wildlife scientists. More information available on EPA website

Rule Adopted July, 2004

Congressional Review of ESA -

House Resources Committee reviewing Federal Endangered Species Act and seeking ways to make it more friendly to industry and landowners targeting in particular (i) the law's critical habitat requirements and (ii) loosening requirements for scientific analysis. More information is available from the Endangered Species Coalition

House Resources committee passed both critical habitat and ESA bills July 21, 2004

Bills still must go to full House and Senate

Endangered Species Listing -

Fewest species listed per year by any Administration since 1980. Bush II is only president to have listed no species of his own initiative. No listings under the current administration in the absence of public lawsuits and petitions. Backlog of over 276 species that the Fish and Wildlife Service has determined warrant listing.

See Congressional Report ”Weird Science” and Center for Biological Diversity website for more information.

*California Native Plant Society challenging failure to meet deadlines for listing and critical habitat designations for Desert Cymopterus, Lane Mountain Milkvetch, Spreading Navarettia and other species.

Other groups are challenging failures to list numerous animal species including desert and coastal species. 

litigation proceeding

Critical Habitat -

Rejected >45 million acres CH recommended for protection by FWS scientists’ recommendations. No CH designated by Bush Administration without a court order. See Center for Biological Diversity website for more information.

Used unsound economic calculations to reduce by approximately half the amount of acreage offered as critical habitat for endangered species. See National Wildlife Federation website for more report.

Litigation proceeding

Vernal Pool Species Protection -

On August 7, 2004, the Administration reduced critical habitat protection for 15 California Central Valley species by nearly 1 million acres. They also completely excluded 5 Counties based on flawed econmic analysis (see NWF report for more information). DOI Assistant Secretary Craig Manson stated that opportunities for development in those areas were too valuable to allow for any protection of vernal pools.

For more information see www.vernalpools.org  or http://www.becnet.org/   

Litigation pending.

See press release and 60 day notice of intent to sue

Listing Underfunding -

FWS has determined that it needs $150- 200 million to clear listing program backlog (listings and CH designations). Administration’s FY 2005 budget request = $17 million

Congress deliberating

Administration to Include Hatchery-raised Salmon in Endangered Species Act decisions -

The federal government has proposed to include hatchery-bred salmon when determining whether certain species of stream-bred salmon should receive ESA protection.

Scientists are expressing deep concern that hatchery bred fish, zoo raised animals, nursery raised plants may soon be counted in federal species endangerment determinations.  This move could undermine the primary goal of the ESA which is to conserve and recover self-sustaining species in the wild.

Bush Administration final regulation proposed

Comments due October 20, 2004

Read the scientific concerns in the San Francisco Chronicle

Desert

General -

Failing to implement science-based compromise lawsuit settlement for management of 12 million acre BLM Desert District that protected numerous rare and endangered species including the Desert Tortoise and imperiled plants. Reassigned District Manager who reached settlement. Opening hundreds of miles of new ORV routes in Desert Tortoise habitat.

Litigation ongoing. Comment period of West Mojave Plan closes in September

Algodones Dunes - 

abandoned an agreement to protect the Desert Tortoise, the Peirson's Milkvetch and other imperiled species endemic to the unique habitat of the Algodones Dunes from impacts from off-road vehicles (ORV's).

More than 200,000 ORV users crowd the Dunes on weekends. New plan opens 49,300 closed acres to ORV use. New plan has a weak scientific foundation, relying primarily on a report by an ORV industry-funded consultant. His report received no independent scientific peer review.

Cut federal scientists critical habitat recommendations for species by 60%

For more information see Center for Biological Diversity webpage

Litigation ongoing

Other Public Lands & General

Road Building in Parks and Wilderness: RS 2477-

New regulations give Bureau of Land Mangagement sole discretion to grant applications from states and local governments to construct roads on "rights of way" - such as wagon and livestock trails - across public lands, including National Parks and Wilderness. Rules allow claims to be decided without public or judicial review. In California alone, counties have claimed thousands of miles of rights of way, including in wilderness and national parks (e.g. Mojave Nat. Preserve, King Range Nat. Conservation Area; Death Valley Nat. Monument).

Legislative effort to block regulations have failed so far.

Agencies determining how to implement.

National Environmental Policy Act (NEPA) rollbacks –

numerous proposals to restrict the types and numbers of projects subject to scientific and public review under NEPA. Includes logging, grazing, highway construction, etc. NEPA task force convened to study “streamlining” of law.

NEPA Task force web site: http://ceq.eh.doe.gov/ntf/

Some proposals open for comment

Privatization of Federal Government. Conflicts of Interest?

Presidential "Competitive Sourcing" Initiative requires federal agencies to subject many tasks and functions (up to 850,000 federal jobs) to competitive bidding by – sometimes undertrained and inexperienced – private sector contractors.

Several contracts have been awarded to consultants with the appearance of conflicts of interest. In one example, the Status Review for the Northern Spotted Owl was outsourced to a company with close ties to the timber industry. In another, a management plan for mining on BLM land in Oregon was outsourced to a Nevada consulting firm with ties to the mining industry.

Implementation proceeding

To see the bill in its entirety, visit the Library of Congress website, and type in HR 2966:
http://thomas.loc.gov/

Senate Deliberating

Army Orders Environmental Cutbacks to Save Money-

Alleging the need for cost savings due to increased war costs, the Army will now take additional risk in environmental programs; terminate environmental contracts and delay all non-statutory enforcement actions.

Actions called irresponsible, extensive, and not necessary by Public Employees for Environmental Responsibility.

For more information see the Department of Defense and PEER websites.

  Public Lands Grazing

BLM and USFS Public Review Exemption - EXPANDED

2005 Interior Appropriations bills includes broad exemption to requirement for NEPA environmental analysis upon grazing permit renewal. Exemption now lasts until 2007. Also freezes existing permit terms and conditions. Allows up to 900 grazing permits to be renewed without change or public review, even if grazing management is harming resources

Congress deliberating FY 2005 appropriations

New BLM Grazing Regulations -Introduce concept of “no net loss” to BLM grazing i.e. if grazing damages one area, another area must be conserved. Restrict citizen appeals and “conservation use” opportunities.

Increase time period from 1 to 2 years after grazing damage is detected to when grazing management must be altered to protect ecosystems. See BLM regulatory web page.

Advance Notice of Proposed Rulemaking Comments closed.

Misuse of Science

Top Scientists Accuse Administration of Manipulating Research for Political Gain -

62 of the nations top scientists, including a dozen Nobel laureates, denounced the administration for "misrepresenting and suppressing scientific knowledge for political purposes."  (SF Chronicle 2/19/04)

See report at Union of Concerned Scientists

Mad Cow Beef Data Kept From Public -

Federal agencies have more power to recall defective toys and auto parts than they do to recall tainted beef. A Bush Adminstration rule forbids state health officials from disclosing where bad beef products originate from. The rule follows a pattern whereby agencies chartered to protect the public instead are protecting the industries they regulate. (San Francisco Chronicle 1/6/04)

Scientists say advice dropped from a report to the U.S. Fisheries Service - 

Six leading marine scientist hired as government advisors had their recommendations stripped from an official report. Their recommendation is that federal action is urgently needed to protect more than a dozen populations of West Coast salmon and steelhead trout from the threat of extinction. (Los Angeles Times 5/7/04)