Bush planning to water down wildlife protection laws

Environmental groups have accused the outgoing Bush administration of letting the fox run the henhouse following a proposed regulation from the Department of the Interior that dramatically changes the status of endangered species.

The proposed changes would alter section seven of the Endangered Species Act, which outlines how federal agencies must consult with the US Fish and Wildlife Service on actions that may affect endangered species.

Fred Quimby, a spokesman for the Department of the Interior, said that the proposed changes to the regulation were explicitly intended to prevent the Endangered Species Act being used to regulate climate change. In particular, the ESA should not be used to connect carbon emissions to adverse effects on species, he warned.

"It could be argued that those global emissions contributed to the melting ice of the endangered polar bear," he said. "These modifications would clarify that the consultations are required only when a direct causal link can be made between a proposed action and an adverse effect on a species or its habitat."

The proposed regulation would also make it possible for agencies to use their own scientific staff for consultation on a proposed activity, rather than seeking advice from external scientists.

Conservation groups responded angrily to the move. Andrew Wetzler, director of endangered species at the Natural Resources Defence Council, said that it would reduce oversight of federal activities.

"The proposed regulatory changes unveiled yesterday are designed to serve one purpose only - to reduce wildlife protections under the ESA. They have been long sought by industry and other opponents of wildlife protection," he said. "The Bush administration is trying to slip them through the door at the last minute. "

Rather than legislation, the proposed changes are a regulatory move, designed to affect the way that agencies would interpret the law in their dealings. Wetzler said that such regulations are difficult to repeal once introduced.

Previous legislative attempts to rewrite the ESA and make it less strict have been unsuccessful. In 2005, a bill entitled "to amend and reauthorise the Endangered Species Act of 1973" by former represenative Richard Pombo was sidelined in congress.

One of the most recent attempts to alter the interpretation of environment legislation is the 4D rule, introduced in May to mitigate the status of the polar bear as an endangered species.