Bush Fouls Out

Not satisfied to have the highest disapproval ratings of any president in modern times (71%), Bush now wants to foul-out in a toxic wave of last-minute “Midnight Regulations” that increase pollution and degrade the environment. Bush is sticking to his role as cringing bootlicker to the businesses that contaminate and despoil America.

Bush’s Chief of Staff, Joshua Bolten, notified federal agencies to have new rules in his office for vetting no later than November 1, 2008, so that they could be in effect by January 20, 2009—Inauguration Day. The intention was that all of Bush’s gang of environmental vandals, like Stephen L. Johnson of the EPA, would be able to enact regulations weakening existing environmental and other safeguards before Bush left office. Such regulations would be hard to overturn, and the incoming President would be somewhat hamstrung in efforts to reverse them.

One proposed rule would make it much harder for the government to regulate toxic substances and hazardous chemicals to which workers are exposed on the job. The rule says that in assessing the risk from a particular substance, federal agencies must take the extra steps of gathering and analyzing “industry-by-industry evidence” of employees’ exposure to it during their working lives. They must then publish “advance notice of proposed rule-making,” soliciting public comment on scientific information and data to be used in drafting a new rule. These steps are not now required. The proposal would delay needed protections for workers.

Among other rules being presented is a regulation that would allow mining companies to dump rock and dirt from mountaintop-removal sites closer to rivers and streams. Another rule would alter implementation of the Endangered Species Act by letting federal land-use managers approve projects like highways, mining, or logging without consulting federal habitat managers and biological health experts responsible for species protection.

One new regulation would ease current restrictions that make it difficult for power plants to operate near national parks and wilderness areas. Another new rule would circumvent the Clean Water Act by allowing factory farms to let their runoff pollute waterways without a permit.

The Interior Department’s Bureau of Land Management has issued a new rule that attempts to eliminate Congress’s authority to prevent mining on public land. Presently Congress has the authority to stop mineral development where it would harm the environment on public land. The new rule leaves-out all reference to congressional authority. Bush has already opened millions of acres of public land in Utah for oil and gas drilling.

Another new rule would change the Environmental Protection Agency’s new source Review Program which requires new or renovated facilities to install better pollution-control technology. A further rule would transfer responsibility for examining the environmental impacts of federal ocean-management decisions from federal employees to advisory groups that represent the fishing industry. The rule would also make it tougher for the public to participate in the environmental assessment process as is now required by the National Environmental Policy Act.

A new president can unilaterally reverse executive orders issued by his predecessor, but it is much more difficult for a new president to revoke or alter final regulations put in place by a predecessor. Courts have ruled that a new administration must solicit public comment and supply a “reasoned analysis” for such changes.

President-elect Obama will have one advantage that could help to erase all of these despicable new regulations. He will have a substantial Democratic majority in Congress. Such regulations can be reversed under the Congressional Review Act (CRA) of 1996. The CRA gives Congress fast-track authority to hold filibuster-free votes on regulations if they were enacted within 60 legislative days after Congress has adjourned. Given Congress’s frequent adjournments this year, the law may allow the new Congress to vote on regulations enacted by the Bush Administration as far back as June of this year.

There are many other rules in the works by the Bush gang intended to dirty the environment, stick it to women and the poor, and thwart the will of the electorate. Let’s hope the next Congress will promptly vote to stick these foul Midnight Regulations in the trash basket.