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TechnoratiBush Sneaks Through Host of Laws to Undermine Obama
The lame-duck Republican team is rushing through radical measures, from coal waste dumping to power stations in national parks, that will take months to overturn
After spending eight years at the helm of one of the most ideologically driven administrations in American history, George W. Bush is ending his presidency in characteristically aggressive fashion, with a swath of controversial measures designed to reward supporters and enrage opponents.
By the time he vacates the White House, he will have issued a record number of so-called 'midnight regulations' - so called because of the stealthy way they appear on the rule books - to undermine the administration of Barack Obama, many of which could take years to undo.
Dozens of new rules have already been introduced which critics say will diminish worker safety, pollute the environment, promote gun use and curtail abortion rights. Many rules promote the interests of large industries, such as coal mining or energy, which have energetically supported Bush during his two terms as president. More are expected this week.
America's attention is focused on the fate of the beleaguered car industry, still seeking backing in Washington for a multi-billion-dollar bail-out. But behind the scenes, the 'midnight' rules are being rushed through with little fanfare and minimal media attention. None of them would be likely to appeal to the incoming Obama team.
The regulations cover a vast policy area, ranging from healthcare to car safety to civil liberties. Many are focused on the environment and seek to ease regulations that limit pollution or restrict harmful industrial practices, such as dumping strip-mining waste.
The Bush moves have outraged many watchdog groups. 'The regulations we have seen so far have been pretty bad,' said Matt Madia, a regulatory policy analyst at OMB Watch. 'The effects of all this are going to be severe.'
Bush can pass the rules because of a loophole in US law allowing him to put last-minute regulations into the Code of Federal Regulations, rules that have the same force as law. He can carry out many of his political aims without needing to force new laws through Congress. Outgoing presidents often use the loophole in their last weeks in office, but Bush has done this far more than Bill Clinton or his father, George Bush sr. He is on track to issue more 'midnight regulations' than any other previous president.
Many of these are radical and appear to pay off big business allies of the Republican party. One rule will make it easier for coal companies to dump debris from strip mining into valleys and streams. The process is part of an environmentally damaging technique known as 'mountain-top removal mining'. It involves literally removing the top of a mountain to excavate a coal seam and pouring the debris into a valley, which is then filled up with rock. The new rule will make that dumping easier.
Another midnight regulation will allow power companies to build coal-fired power stations nearer to national parks. Yet another regulation will allow coal-fired stations to increase their emissions without installing new anti-pollution equipment.
The Environmental Defence Fund has called the moves a 'fire sale of epic size for coal'. Other environmental groups agree. 'The only motivation for some of these rules is to benefit the business interests that the Bush administration has served,' said Ed Hopkins, a director of environmental quality at the Sierra Club. A case in point would seem to be a rule that opens up millions of acres of land to oil shale extraction, which environmental groups say is highly pollutant.
There is a long list of other new regulations that have gone onto the books. One lengthens the number of hours that truck drivers can drive without rest. Another surrenders government control of rerouting the rail transport of hazardous materials around densely populated areas and gives it to the rail companies.
One more chips away at the protection of endangered species. Gun control is also weakened by allowing loaded and concealed guns to be carried in national parks. Abortion rights are hit by allowing healthcare workers to cite religious or moral grounds for opting out of carrying out certain medical procedures.
A common theme is shifting regulation of industry from government to the industries themselves, essentially promoting self-regulation. One rule transfers assessment of the impact of ocean-fishing away from federal inspectors to advisory groups linked to the fishing industry. Another allows factory farms to self-regulate disposal of pollutant run-off.
The White House denies it is sabotaging the new administration. It says many of the moves have been openly flagged for months. The spate of rules is going to be hard for Obama to quickly overcome. By issuing them early in the 'lame duck' period of office, the Bush administration has mostly dodged 30- or 60-day time limits that would have made undoing them relatively straightforward.
Obama's team will have to go through a more lengthy process of reversing them, as it is forced to open them to a period of public consulting. That means that undoing the damage could take months or even years, especially if corporations go to the courts to prevent changes.
At the same time, the Obama team will have a huge agenda on its plate as it inherits the economic crisis. Nevertheless, anti-midnight regulation groups are lobbying Obama's transition team to make sure Bush's new rules are changed as soon as possible. 'They are aware of this. The transition team has a list of things they want to undo,' said Madia.
Final reckoning
Bush's midnight regulations will:
- Make it easier for coal companies to dump waste from strip-mining into valleys and streams.
- Ease the building of coal-fired power stations nearer to national parks.
- Allow people to carry loaded and concealed weapons in national parks.
- Open up millions of acres to mining for oil shale.
- Allow healthcare workers to opt out of giving treatment for religious or moral reasons, thus weakening abortion rights.
- Hurt road safety by allowing truck drivers to stay at the wheel for 11 consecutive hours.
35 Comments so far
Show AllI remember George's mother making a comment to the press that when George was little and couldn't get his way he threw a temper tantrum. Well he may have aged a bit but he is still throwing those tantrums. What a rotten loser.
John J.Coghlan
Hang the Bastard. That will stop him. George has committed far more crimes than Saddam Hussein. Allowing 9/11 to happen, allowing New Orleans to sink, handing out no bid contracts to his friends, robing our treasury, and causing a depression, are only the small things. Some of the larger things are, an illegal war, the murder of over a million people in Iraq, the murder of over 4000 of our own children, the permanent destruction of a large portion of the Middle East with depleted uranium, Scraping our constitution, illegal wire taping, ignoring laws passed by Congress with signing statements, illegal detention, and the torture of prisoners. Also George Bush's style of governing includes fixing national elections, using the State Department for political reasons, and outing under cover agents for political revenge. The outing of Valery Plume put her and many other agents lives at risk, and undermined national security. Treason committed by the President, or the Vice President is not any less of a crime, then treason committed by anybody.
They hung Saddam Hussein for dumping poison gas on his enemies. Components of the gas came from American Companies,and it was dumped from American Helicopters. Saddam was our ally at the time, and our government tried to blame the incident on Iran. He was convicted quickly by a kangaroo court, and not allowed to speak about any, of the many other incidents of criminal wrong doing. The reason for this is because the United States was an accomplice in many of them.
I do not believe in capitol punishment, but if they could hang Saddam Hussein, they certainly can hang George Bush and his gang of thugs. May be it would be better if we just impeached them, indited them, and than locked them all up.
Barback Obama seems to be an honest man, and I wish him luck. Unfortunately this good man has been dropped in the middle of one of the biggest organized crime networks that has ever existed. I think if he steppes to much out of line, they will do him in.
Intelligence is a component that must be used in the human brain, should we bother to: Bush/Obama one and the same. Of course Bush is doing precisely what he wants to and Obama is on-board since both are nothing more than puppets for the true dictators of America: http://www.henrymakow.com
Wake-up before the Truman Show drops the curtain on common sense, once and for all: http://palestinethinktank.com
Quagmire Accomplished!
The US media used to support the myths that polluting industries are needed for a strong US economy and that a strong US economy is needed to keep the Islamic Caliphate from forcing Islam on the world. Now everyone understands that polluting industries are not necessary for a strong economy and that there is no threat of an Islamic Caliphate forcing Islam on the world. So the media has stopped supporting the myths and is now spewing random noise while awaiting new myths to support. God Bless the Zionist States of America!
All of the outrage is well expressed and well earned by Bushco. But cleaning up after Bush only gratifies Bush. Let's just build something new. Am I missing something, or can't Obama simply write new Midnight rules as Bush did that reverse the insanity? Seriously, someone please post if I am mistaken.
Remember when the Bushies accused the outgoing Clinton administrators of trashing the White House and cabinet offices on their way out? Never saw a photo, never heard a thing about it after 1/20/01. It was all a lie. It is also what they are doing now to the entire nation. A massive case of projection.
Don't try to untie every knot. Just cut the string and start over. And prosecute the slimy little reptiles (with apologies to actual reptiles.)
Mr. Brown has it right, and we should adopt his suggestion immediately. We are clear that Bush is a nasty spiteful little bastard, and this is merely further proof of the truth of that statement. If reincarnation actually happens, he'll likely come back as a fruit fly - petty and annoying. He should be ashamed of himself, and his parents should be ashamed of themselves - what an appalling little malignancy they have unleashed on the world.
If he comes back as a fruit fly, it will be a blessed short life.
George C. Brown - While I agree that impeachment proceedings against the Cheney/Bush crew should never have been taken from the table, now I think it is imperative to sue in Federal Court to suspend the "Code of Federal Regulations" for a period of six months. There ought to be enough top-drawer lawyers who can present a case that would justify such an action. This overt criminality cannot be allowed to continue to contaminate our nation any longer. The next step may need to be a permanent suspension, if a six month hiatus cannot be achieved!
THANKS TO NANCY PELOSI AND THE DEMOCRATS FOR NOT IMPEACHING THESE GANGSTERS TWO YEARS AGO!
IF OBAMA DOESN'T SAY OR DO SOMETHING MONDAY MORNING TO STOP THIS CRIMINAL ABUSE OF HIS OFFICE.
THIS GANGSTER WILL CONTINUE FOR ANOTHER MONTH!
OBAMA AND DEMOCRATS SHOULD GIVE BUSH AN ULTIMATUM FROM OBAMA TO BRING CONGRESS INTO SPECIAL
SESSION AND THREATEN IMMEDIATE IMPEACHMENT OF BUSH AND CHENEY! A PERFECT USE OF THE HOLIDAY
SEASON WHEN THE COUNTRY IS FLAT BROKE ANYWAY! LET BUSH AND CHENEY CELEBRATE CHRISTMAS IN A
CELL... PERHAPS IN GUANTANAMO!
(What a fantasy!)
RIGHT ON!
Impeach the Bastards!
Better yet,
Put the whole Bush Family on the front lines in Bagdad. Give them a Humvee and a full tank of gas.
Just as President Bush put these new rules in effect because of a loophole so should Obama put the rules back under the authority of the same loophole
Perhaps a quicker way to repeal these rapes-at-midnight would be to somehow prove Bush stole the presidency. In one swoop, wouldn't this make all of his rules invalid?
Thanks to Presidebt Bush and THE COAL INDUSTRY, Appalachia http://www.wisecountyissues.com is Third World America.
WHO, WHO, WHO in their RIGHT MIND, WHAT American would TRASH this country so bad like this man is doing? THis is Outrageous, gluttony and absolute greed at it's highest. I am so ashamed.
Please someone file charges against Mr. Bush. THIS IS NOT American conduct! THis is NOT GOOD CHRISTIAN conduct. This is completely AMORAL and insane!
It's like America is our MOTHER and George Bush is having a GANG BANG on the way out!
SICK!
Obama should call a press conference to announce that he will roll back these regulations and warn that it would be wise for companies to be very careful in how they start implementing Bush's relaxed regulations. Although such an announcement would be precedent setting, Bush's scorched earth exit warrants it.
I think it would be a good idea for Bush to stay away from ALL National Parks now that he is letting people carry firearms.
Who knows, he might be mistaken as some sort of menacing animal that needs to be put down. It's a wild world out there you know!
Fed mulls interest rate cut, maybe to all-time low.
What will they pay us to take these brokeback Bush bucks?
It's an outrage that Bush can get away with this. Who's watching? I guess the Obama supporters figure the job is done, or that they can do nothing to stop anything. I've said for a while now that the Bush crew will get away with as much as they can get away with. They have and they'll continue to practice further predation for commercial gain, plunder of our public land to enrich their partisan supporters, or pollute more freely.
Also please understand progressives need to act now, not just talk about how bad Bush is. The National Resource Defense Council is lobbying to stop a sale of federal lands adjoining our federal parks in Utah, including Red Rocks and Canyonlands THIS WEEK. Letting oil and gas drillers despoil these lands would be a major failure. If you ever want your children to see them without natural gas well heads, this must be stopped.
The threat to our democracy and environment continues as long as Bush is in office. Their strategy is to fling crap all over the place so it's harder to put out the fires they make. Now is the time to resist the sell-off to Bush cronies and supporters.
See my entry at www.jbpeebles.wordpad.com for more. There are other threats, including preemptive pardons.
Of course, everyhing the Obama admin restores will be described as elitist, socialist and unamerican by the neocon pundits.
If the dems were good, they would pay the repubs back tit for tat. In 4 or 8 years ram through lots of rules that would drive republicans crazy.
Too wimpy/corrupt I think.
That's a brilliant idea. Lets start with Universal Healtcare, then a living wage, & then take back our tax money from Banks and Insurance companies & then freeze the assets of the oil industry, the coal industry, etc. etc. and use it for socialistic programs.
Bush's actions will be returned with fire on public lands. He's in the process of initiating civil conflict, and his rich cronies will eat lead. Blue-collar workers for corporate criminals beware, don't put yourself in danger - just say no to employers who send you out to mine, excavate, divert water, bury waste, or otherwise trammel on the rights of the land and its non-human inhabitants. They will be defended at all costs.
Fuck you Homeland Security!
Privately, Bush will be proud to have been the only president in history to have paid back all his political benefactors with favors that do nothing to better the average American citizen. The question to me is, are we as a nation going to let him get away with his eight years of deception and corruption? We cannot gain any standing in the world unless we make this man and his minions pay for their transgressions.
Our "Little Boy Blue" obviously does not care about this world or future generations, after all when he gets to Heaven, he will have...How many Virgins?
I seriously doubt this guy would care if it were a million virgins. Unless of course he could have them all tortured and executed.
I can't help but recall about a year and a half ago when I contacted my Democratic U.S. Representative, asking that he support impeachment of Bush and Cheney . . . only to receive some lame response saying to engage in the time and effort to pursue impeachment would take the Congress away from more important matters, etc, blah, blah, yadda flippin' blah!
Reading this article, mindful of all the other atrocities and crimes committed by the Bush administration . . . one has to ask what could've been more important than getting them out . . . to stop this madness.
There's no way impeachment would've resulted in Bush's removal. It takes a 2/3 majority vote in the Senate to remove a sitting president.
Why is this so hard to understand?
Bush to Obama------change I believe in!
Why is it so hard for you to understand that sometimes you have to start a fight to win a fight. The democrats in power have been spineless.
It remains to be seen how much of a backbone they develop when one or two votes from a fiibuster proof majority.
Did you come by that nickname honestly? Just kidding, but seriously, can't this "lame duck" season loophole be closed for good?
Geo Rip
vote at www.vote.org
The idea that it’s an impeachable offense to adopt an incorrect interpretation of the President’s power, is too far-reaching. I do think the Bush administration is wrong—let’s be very clear on that—but the notion that they have committed impeachable offenses seems to me to distort the notion of what an impeachable offense is. That’s high crimes and misdemeanors. And an incorrect, even a badly incorrect, interpretation of the law is not impeachable.
I think it has an understandable motivation, but I don’t think it’s appropriate to attempt to impeach two presidents consecutively,
We should make sure there’s a process for investigating and opening up past wrongdoing in a way that doesn’t even have the appearance of partisan retribution.
I think the point was that had impeachment been commenced for Bush's illegal activities, warrantless spying inter alia, then he would have been unable to impose midnight regulations.
If impeachment had commenced, it would have failed and made Bush more popular. He would still be able to impose midnight regulations.
Undoubtedly, Bush's behavior was an outrageous abuse of executive power. But the example you gave of wiretapping is not necessarily illegal if it could be shown to have been enacted (rightly or wrongly) on national security grounds. There are, after all, numerous other historical precedents for administrations, both Democratic and Republican, making use of extreme interpretations of executive power. It's not clear, for example, to what degree the Supreme Court disagrees with the Bush administration. And let's not forget that Congress, including Obama, voted in favor of the Telecom Bill. So whether you agree with the bill or not, you have to admit that at least the proper constitutional procedure was followed in drafting the compromise. And since Congress reviewed the law and approved it, I fail to see what Bush did that was illegal. It was certainly extreme, but it was not illegal.
Look at it this way, for a second let's say I agree with you, the wiretapping program is an illegal impeachable offense. That your POV right?
But the program has not been dismantled, it's still in effect. So if you were going to impeach Bush for operating the program, then unless Obama dismantles it right away, you will have to impeach him the moment he takes office. Is that what you want?
"By the time he vacates the White House, he will have issued a record number of so-called 'midnight regulations'... many of which could take years to undo."
Bullshit - if said regulations can become "law" overnight, they can be tossed just as quick. The only reason they won't be is due to amount of bribes paid for said midnight regulations.
bush has made a career of "sneaking thru"; quite a legacy for a retiring president.
BushCo works overtime for any of its paying greedy bastards. Blago on steroids, and cheaper too!