Tuesday, August 12, 2008

Rulemaking: The Endangered Species Act

From today's Washington Post, word of administrative changes in how the Endangered Species Act will be implemented:

The Bush administration yesterday proposed a regulatory overhaul of the Endangered Species Act to allow federal agencies to decide whether protected species would be imperiled by agency projects, eliminating the independent scientific reviews that have been required for more than three decades.

The new rules, which will be subject to a 30-day per comment period, would use administrative powers to make broad changes in the law that Congress has resisted for years. Under current law, agencies must subject any plans that potentially affect endangered animals and plants to an independent review by the Fish and Wildlife Service or the National Marine Fisheries Service. Under the proposed new rules, dam and highway construction and other federal projects could proceed without delay if the agency in charge decides they would not harm vulnerable species.


This appears to be an additional attempt to expand executive powers at the expense of the legislature.