New regulation weakens Endangered Species Act

Federal agencies will no longer be required "to consult independent wildlife biologists before they build dams or highways or permit construction of transmission towers, housing developments or other projects that might harm federally protected wildlife," under a regulation enacted by the Interior Department on Thursday, writes Felicity Barringer of The New York Times. (AP Photo)

The rule allows the Army Corps of Engineers and the Federal Highway Administration to rely on their own personnel to decide what impact a project could have on fish, birds, plants, animals or insects that are protected under the Endangered Species Act. Interior Secretary Dirk Kempthorne said the rule was passed because the Endangered Species Act was not intended to be used as a tool in the fight to slow global warming. Last summer, Kempthorne put the polar bear on the endangered species list, for reasons related to climate change. (Associated Press photo)

The rule is one of several pushed through by the Bush administration in its last days in office. "Legal experts said the change seemed intended to ensure that the protection of species like the polar bear would not impede development of coal-fired power plants or other federal actions that increased emissions of heat-trapping gases," Barringer writes.

The rule goes beyond concerns over climate change. Citing Brian E. Gray, a professor at Hastings College of the Law in San Francisco, Barringer wrotes that a core principle of the Endangered Species Act "was that independent wildlife and fisheries agencies had the major say in determining whether an action could be taken “without jeopardizing the continued existence of the species.” (Read more)