Markey: Bush Administration Shifting from Speed Reading to Speed Commenting

FOR IMMEDIATE RELEASE

Contact: Select Committee, 202-225-4081

Markey: Bush Administration Shifting from Speed Reading to Speed Commenting

Chairman Decries New Twist in Endangered Species Rulemaking, Demands More Time for Public Comment

WASHINGTON (October 28, 2008) – After spending 32 hours of last week reviewing 300,000 public comments on rule changes to the Endangered Species Act, the Bush administration’s Interior Department announced yesterday that it will only allow 10 days of public comment on the Environmental Assessment portion of the proposed rules. Rep. Edward J. Markey (D-Mass.), Chairman of the Select Committee on Energy Independence, sent a second letter to the head of the U.S. Fish and Wildlife Service today decrying the current state of play on the rulemaking, and demanded more time for public comment on the proposed rules.

“The Bush administration seems intent on setting new records in administrative futility,” said Chairman Markey. “They’ve gone from speed reading to speed commenting, showing no regard for public input in either instance.”

The proposed rules would take expert scientific review out of many ESA processes, and could exempt the effects of global warming pollution on threatened or endangered species. The letter notes: “The proposed rule changes would weaken the ESA by undermining the Section 7 consultation requirements in the Act and excluding global warming emissions as a consideration under the ESA. The FWS notes on page 4 of the draft EA that in the absence of the proposed rule change that ‘[t]here will likely continue to be an increase in the number of section 7 consultations given the emerging challenge of global climate change.’ In other words, the FWS is proposing to deal with an increase in Section 7 consultation requests due to activities that increase global warming emissions by eliminating the requirement.”

The letter is included below:

October 28, 2008

Mr. Dale Hall
Director
U.S. Fish and Wildlife Service
1849 C Street, N.W.
Washington, DC 20240

Dear Director Hall:

Last week I wrote you regarding my concern that the Fish and Wildlife Service (FWS) was short changing the approximately 300,000 public comments on the Agency’s proposed rule changes to the Endangered Species Act (ESA) by reviewing them in just 4 working days and without the expertise of FWS biologists.  The proposed rule changes would weaken the ESA by undermining the Section 7 consultation requirements in the Act and excluding global warming emissions as a consideration under the ESA. The FWS notes on page 4 of the draft EA that in the absence of the proposed rule change that “[t]here will likely continue to be an increase in the number of section 7 consultations given the emerging challenge of global climate change.” In other words, the FWS is proposing to deal with an increase in Section 7 consultation requests due to activities that increase global warming emissions by eliminating the requirement.

Yesterday, you followed that rushed review process with a notice in the Federal Register announcing a draft Environmental Assessment (EA) on the environmental impact of the proposed ESA rule changes that provided a mere 10 days for public comment. This is an unacceptably short time period. The public should be given at least 60 days to comment on the draft EA, just as they were given to comment on the proposed rule change.

This proposed regulation, the associated environmental assessment and the public comments on both must receive the proper level of review. Such a hasty review seems certain to ensure that the public will not be properly heard in evaluating this proposed significant change and its environmental impact to one of our nation’s most important environmental laws.  Moreover, this truncated public comment periods give the unseemly impression that the Administration may be attempting to rush these rules changes through before it leaves office, regardless of their environmental impact.

In order to assure that these proposed changes to the ESA do no harm, you must immediately extend the comment period for the draft EA to give the public enough time to consider and provide their comments to the Agency. Please respond to this request, and the request in my initial letter, by October 30, 2008 with:
The actions you are taking to ensure that the public is receiving an acceptable opportunity to comment on the draft EA, and
The actions you are taking to ensure that comments are receiving the thorough consideration that they deserve given this proposed major change to the ESA. 

Sincerely,
Edward J. Markey
Chairman

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