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Bush Officials Plan to Dial Back Environmental Protections

by: Renee Schoof  |  McClatchy Newspapers

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A valley filled with rubble and debris from a mountaintop-removal coal mining operation. Among the environmental protections the Bush administration is seeking to remove before leaving office is a Department of Interior rule that bans mining within 100 feet of a stream and would allow companies to dump the rubble from mountaintops into valleys and streams. (Photo: Giles Ashford)

    Washington - In the next few weeks, the Bush administration is expected to relax environmental-protection rules on power plants near national parks, uranium mining near the Grand Canyon and more mountaintop-removal coal mining in Appalachia.

    The administration is widely expected to try to get some of the rules into final form by the week before Thanksgiving because, in some cases, there's a 60-day delay before new regulations take effect. And once the rules are in place, undoing them generally would be a more time-consuming job for the next Congress and administration.

    The regulations already have had periods of public comment, and no further comments are being taken. The administration has proposed the rules and final approval is considered likely.

    It's common for administrations to issue a spate of regulations just before leaving office. The Bush administration's changes are in keeping with President Bush's overall support of deregulation.

    Here's a look at some changes that are likely to go into effect before the inauguration.

    Grand Canyon

    Higher prices for uranium, driven by expanded interest in nuclear power, have resulted in thousands of mining claims being filed on land within three miles of the Grand Canyon.

    The House of Representatives and Senate natural resources committees have the authority under the Federal Land Policy and Management Act to order emergency withdrawals of federal land from future mining claims for three years, while Congress decides whether a permanent ban is needed. The House committee issued such a withdrawal order in June for about 1 million acres near the Grand Canyon, including the land the claims were filed on.

    Now the Department of Interior has proposed scrapping its own rule that puts such orders from the congressional committees into practice.

    The Interior Department could decide to use its own power to halt new claims, but it doesn't see any emergency that would prompt such action, department spokesman Chris Paolino said. The department would require environmental impact studies before it approved any mining on the claims, he added.

    One of the main hazards from uranium mining is seepage from tailings piles that poisons water. A report for the Arizona Department of Game and Fish said people would be at risk if they ingested radium-226, arsenic and other hazardous substances from water and tainted fish.

    Environmental groups say the government must consider the possible danger of uranium leaching into the Colorado River, a source of drinking water for Phoenix, Las Vegas and Los Angeles. Arizona Gov. Janet Napolitano in March urged Interior Secretary Dirk Kempthorne to halt new claims and order a study of uranium mining near the canyon.

    Mountaintop-Removal Coal Mining

    Another proposed rule change from the Department of Interior would change rules on dumping the earth removed for mining into nearby streams.

    The current rule, dating from the Reagan administration, says that no surface mining may occur within 100 feet of a stream unless there'd be no harm to water quality or quantity. The rule change essentially would eliminate the buffer by allowing the government to grant waivers so that mining companies can dump the rubble from mountaintops into valleys, burying streams.

    The new rule would let companies explain why they can't avoid dumping into streams and how they intend to minimize harm. A September report on the proposal by the department's Office of Surface Mining said that environmental concerns would be taken into account "to the extent possible, using the best technology currently available."

    The government and mining companies have been ignoring the buffer since the 1990s, said Joan Mulhern, an attorney with Earthjustice, a nonprofit law firm for environmental protection.

    Before the rule can be changed, however, the Department of Interior must get written approval from Environmental Protection Agency Administrator Stephen Johnson.

    "In order to concur, the EPA would have to find that the activities authorized by the rule would not violate water-quality standards, and all the evidence is to the contrary," Mulhern said.

    Air Pollution

    Two rule changes would apply to electric power plants and other stationary sources of air pollution.

    The first mainly concerns older power plants. Under the Clean Air Act, plants that are updated must install pollution-control technology if they'll produce more emissions. The rule change would allow plants to measure emissions on an hourly basis, rather than their total yearly output. This way, plants could run for more hours and increase overall emissions without exceeding the threshold that would require additional pollution controls.

    The other change would make it easier for companies to build polluting facilities near national parks and wilderness areas. It also would change the way that companies must measure the impact of their pollution.

    Endangered Species

    The Endangered Species Act prohibits any federal actions that would jeopardize the existence of a listed species or "adversely modify" critical habitats. The 1973 law has helped save species such as the bald eagle from extinction.

    Bush administration officials have argued that the act can't be used to protect animals and habitats from climate change by regulating specific sources of greenhouse gas emissions.

    A proposed rule change would allow federal agencies to decide for themselves whether timber sales, new dams or other projects harm wildlife protected under the act. In many cases, they'd no longer have to consult the agencies that are charged with administering the Endangered Species Act, the Fish and Wildlife Service and the National Marine Fisheries Service.

    Others

    Among the rule changes and plans that might become final are commercial oil-shale leasing, a new rule that would allow loaded, concealed weapons in some national parks, and oil and gas leasing on wild public lands in West Virginia and Utah.

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This is the typical sort of

This is the typical sort of thuggery we have come to expect from the legal criminals in the White House under Bush and Cheney. They hate laws and have a callous disregard for this garden planet we all live on. Their 8 year give away to business and toxic industries is about to end. I just hope the next guys will have the consciousness to heal these toxic practices. So far, Obama has been tight lipped about the environment. He is a city boy, so he may or may not understand the importance of protections. I hope (and that is a big word) he surrounds himself with others who have a firm grasp on the need to honor our wilderness. We need a crew of focused professionals who can release us from the Bush tangle of dereglations and give aways to industry cronies. If not, our environment will spin further into being a give away to the corporations and less supporting for us all.

Kennedy at EPA will be HUGE.

Kennedy at EPA will be HUGE. There is hope. But how arrogant and ignorant can Bush continue to be? Is it possible that he could wreck his "legacy" any more than it already is? Guess he sees no downside so why not... It will be SO GRAND to have him gone. Maybe the earth can recover from his presidency... And having McSame (and even worse, Ms. Pain) in office would have been HORRIFIC. Now, there is a possibility...

Bush's last chance to

Bush's last chance to destroy the environment. "What will we do after the garden is gone?" - Neil Young, "Living With War"

Legend has it that

Legend has it that administration staffers trash the White House on their way out. This gang is out to trash the entire country on their way out. We will need more than decency and true patriotism -- as opposed to phony-baloney jingoism -- to salvage the life and lands we once dedicated to preservation. We will need money, and the Bush-Cheney gang destroyed our economy in their "deregulation" capers. Obama has warned that his administration may not succeed in reversing eight years of depradation "in one year, or even in one term," but that warning suggests that he knows the fiscal as well as the physical burdens of the Bush "legacy." We can only hope that there will be enough strength in the incoming Congress to enact reversals of that legacy. There won't be any miracles -- all of us will feel the pain generated by eight years of crimes beyond any possibility of prosecution, let alone restitution.

Multiple delays?? Am I

Multiple delays?? Am I understanding this correctly? " The Interior Department could decide to use its own power to halt new claims," gives me the impression that there are already stop-gap measures. For the love of what's right and good, use your power! No man, woman, or child can tell me that the colors in fall are ugly. That's just as an absurd thought as poisoning water. EPA folks and Interior Department folks, truly, you have a least an ounce of integrity left from which to choose what is right and good; so do it. Sincerely hoping that folks in the Interior Dept. and the EPA read this, don't hem and ha around! Use your power to bring life back to the water and the air and yourselves. The country is counting on you. My grandson with asthma is counting on you. Delays have been going on since Carter put his sweater on. Stop waiting for somebody else to be brave. YOU NEED TO BE BRAVE!

Leave it to the

Leave it to the mealy-mouthed Bush administration, even at this momentous transition point in American history, to continuing getting its licks in on behalf of big business at the cost of the environment. Some short-sighted hedonists just don't get it where human existence and survival (as well as that of other species) are concerned.

The simple fact is that

The simple fact is that Kempthorne can handle mineral withdrawals TOMORROW with NO review. Instead, we're getting the opposite.