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Bush Team Rushes Environment Policy Changes

Deborah Zabarenko

President George W. Bush listens to remarks as he attends the Federal Bureau of Investigation (FBI) graduation ceremony in Quantico, Virginia October 30, 2008. Industry is likely to benefit if Bush's rules on the environment become effective. And who suffers? Everyone else. (Kevin Lamarque/Reuters)

WASHINGTON - As the U.S. presidential candidates sprint
toward the finish line, the Bush administration is also sprinting to
enact environmental policy changes before leaving power.

Whether it's getting wolves off the Endangered Species List,
allowing power plants to operate near national parks, loosening
regulations for factory farm waste or making it easier for mountaintop
coal-mining operations, these proposed changes have found little favor
with environmental groups.

The one change most environmentalists want, a mandatory program to
cut climate-warming greenhouse gas emissions, is not among these
so-called "midnight regulations."

Bureaucratic calendars make it virtually impossible that any U.S.
across-the-board action will be taken to curb global warming in this
administration, though both Republican John McCain and Democrat Barack Obama have promised to address it if they win Tuesday's U.S. presidential election.

Even some free-market organizations have joined conservation groups
to urge a moratorium on last-minute rules proposed by the Interior
Department and the Environmental Protection Agency, among others.

"The Bush administration has had eight years in office and has
issued more regulations than any administration in history," said Eli
Lehrer of the Competitive Enterprise Institute. "At this point, in the
current economic climate, it would be especially harmful to push
through ill-considered regulations in the final days of the

John Kostyack of the National Wildlife Federation, which joined
Lehrer's group to call for a ban on these last-minute rules, said
citizens are cut out of the process, allowing changes in U.S. law that
the public opposes, such as rolling back protections under the
Endangered Species Act.


The Bush team has urged that these regulations be issued no later
than Saturday, so they can be put in effect by the time President
George W. Bush leaves office on January 20.

If they are in effect then, it will be hard for the next
administration to undo them, and in any case, this may not be the top
priority for a new president, said Matt Madia of OMB Watch, which
monitors the White House Office of Management and Budget, through which
these proposed regulations must pass.

"This is typical," Madia said of the administration's welter of
eleventh-hour rules. "It's a natural reaction to knowing that you're
almost out of power."

Industry is likely to benefit if Bush's rules on the environment become effective, Madia said.

"Whether it's the electricity industry or the mining industry or the
agriculture industry, this is going to remove government restrictions
on their activity and in turn they're going to be allowed to pollute
more and that ends up harming the public," Madia said in a telephone

What is unusual is the speedy trip some of these environmental measures are taking through the process.

For example, one Interior Department rule that would erode
protections for endangered species in favor of mining interests drew
more than 300,000 comments from the public, which officials said they
planned to review in a week, a pace that Madia called "pretty

Why the rush? Because rules only go into effect 30 to 60 days after
they are finalized, and if they are not in effect when the next
president takes office, that chief executive can decline to put them
into practice -- as Bush did with many rules finalized at the end of
the Clinton administration.

White House spokesman Tony Fratto denied the Bush team was cramming these regulations through in a hasty push.

Fratto discounted reports "that we're trying to weaken regulations
that have a business interest," telling White House reporters last week
the goal was to avoid the flood of last-minute rules left over from the
Clinton team.

There is at least one Bush administration environmental proposal
that conservation groups welcome: a plan to create what would be the
world's largest marine wildlife sanctuary in the Pacific Ocean. That
could go into effect January 20.

Editing by Alan Elsner

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