Interior Guts ESA Consultation Rule

By Richard Martin, 12-11-08

Secretary of the Interior Dirk Kempthorne today announced the final version of a sweeping rule change to the Endangered Species Act that would make it easier to go through with federal projects regardless of their impact on endangered or threatened species.

The change, which was proposed in August and provoked outcry from environmentalists and scientists, revises the way in which federal agencies must vet proposed projects under the ESA. Currently, agencies must consult with biologists with the Fish and Wildlife Service and National Marine Fisheries Service, even when it is determined that the projects are unlikely to harm species

“The new rule,” which will take effect 30 days after publication in the Federal Register, which could take place tomorrow, “would allow agencies to determine on their own when their actions will have no effect on endangered species,” writes the American Bird Conservancy.

As reported earlier by The Washington Post, the new rules also explicitly state that “federal agencies would not have to take global warming into account when assessing risks to imperiled plants and animals.”

Kempthorne has said that the ESA should not be used as a “back door” to passing regulations on greenhouse gases. The Interior Department calls the change “narrow,” but environmentalists point out that removing the obligatory consultation requirements “puts decisions about endangered species into the hands of agencies with a vested interest in advancing a project and with little expertise about wildlife,” reports the Associated Press.

Several environmental groups will no doubt immediately file lawsuits to fight the change, and President-elect Barack Obama has vowed to reverse any last-minute rules-changes by the Bush Administration that would weaken environmental protections – though that could take months or even years. It’s also possible that Congress will seek to review the 11th-hour revisions by the lame-duck administration.