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20032002 2001


December 2002
EPA exempts oil and gas industry from stormwater pollution rules (12/30/02)
Bush administration backtracking on policy of 'no net loss" of wetlands (12/26/02)
Judge deals setback to Bush oil drilling plans in Utah (12/23/02)
Bush administration weakens federal program for cleaning up dirty waters (12/21/02)
Judge slaps restraining order on plan to dredge Snake River (12/20/02)
BLM denies drilling access in Colorado wildlife range (12/20/02)
Judge gives Department of Interior extension on manatee plan (12/19/02)
White House begins process of relaxing government regulations for industry (12/19/02)
Bush administration faces tough time tapping oil in the Rockies (12/18/02)
Bush administration optimistic about Powder River Basin energy supplies (12/18/02)
White House discounts human life in cost-benefit analysis (12/18/02)
Government doing big business with lawbreaking companies (12/16/02)
EPA factory-farm rule favors polluters (12/15/02)
Judge puts blocks Snake River dredging plan to evaluate risk to salmon (12/13/02)
White House proposes minor increase in automobile fuel economy (12/12/02)
U.S. appeals court upholds Roadless Area Conservation Rule (12/12/02)
White House fire plan would boost logging and at expense of environment, public input (12/11/02)
Army Corps of Engineers misses deadline on rules for Everglades restoration project (12/11/02)
GAO suit against Cheney energy task force rejected (12/09/02)
Bush administration approves limited river restoration plan for Glen Canyon (12/09/02)
Bush administration fosters policy of delay on global warming (12/04/02)
Bush administration loses appeal in California offshore drilling case (12/02/02)



EPA exempts oil and gas industry from stormwater pollution rules
December 30, 2002: The Environmental Protection Agency wants to exempt the oil and gas industry from new regulations governing runoff pollution from construction sites. The EPA's phase II stormwater requirements, issued during the Clinton administration, force construction sites between one and five acres to obtain a National Pollution Discharge Elimination System (NPDES) permit. The rule is slated to go into effect on March 10, but the EPA proposal would exempt the oil and gas industry from the requirements until 2005. The agency says that too many -- close to 30,000 --sites per year may be adversely affected because the time window for drilling is usually much shorter than that of homebuilding or other construction. But critics question EPA's number, and in any case, they say that the industry has had three years to prepare.

"There's simply no reason for the Bush administration to let its favored industry off the hook for complying with a rule that would help prevent stormwater runoff that's polluting America's streams and waterways," said Nancy Stoner, director of NRDC's clean water program.


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Bush administration backtracking on policy of 'no net loss" of wetlands
December 26, 2002: In response to criticism over the government's failure to halt the massive loss of wetlands, the Bush administration outlined a 17-point plan "clarifying" federal guidelines on replacing wetlands lost or damaged by development.

Tens of thousands of wetlands are destroyed each year, contributing to flooding, pollution runoff into streams and rivers, and loss of important habitat for fish and wildlife. The Clean Water Act prohibits developers from filling in wetlands unless the Army Corps of Engineers grants a permit. In those cases, the permit holder must either restore the wetlands or create a replacement as compensation. Last year, two separate reports by the National Academy of Sciences and the General Accounting Office concluded that wetlands replacement projects are failures and are not well tracked by federal agencies.

The new Bush plan to ensure the goal of "no net loss" of the nation's wetlands -- set by the first President Bush in 1989 -- emphasizes the ecological quality of the wetlands replaced over quantity. In other words, the administration's approach will focus on how and where developers must create new wetlands to compensate for those destroyed by highways, subdivisions or other construction projects rather instead of achieving acre-for-acre replacement. Bush officials said this approach to wetlands replacement could result in a numerical loss, but an ecological gain.

Environmentalists warned that the administration's new strategy would do little to stem the loss of valuable wetlands, particularly since 80 percent of wetlands restoration or mitigation projects are failures.

"The notion that the developers should create better wetlands rather than replace all of the ones they destroy is beside the point," said NRDC attorney Daniel Rosenberg. "The Bush administration should be focusing on how to better prevent the loss of our remaining wetlands."


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Judge deals setback to Bush oil drilling plans in Utah
December 23, 2002: In response to a lawsuit by four environmental organizations, a federal court late last Friday blocked the Interior Department from allowing oil exploration in thousands of acres of public wildlands on the eastern boundary of Utah's Arches National Park. The Interior Department's Bureau of Land Management (BLM) now will have to complete a proper environmental review before authorizing energy companies access to the area.

BLM had approved a request by the world's largest seismic exploration company, WesternGeco, to explore for oil and gas in the Dome Plateau region just outside of Moab, Utah, also known as the Yellow Cat 2-D Swath project area. The project area encompasses more than 23,000 acres of scenic wildlands popular with hikers, mountain bikers and other outdoor enthusiasts. The region also provides habitat for several threatened or endangered species, including the black-footed ferret, the bald eagle and the Mexican spotted owl.

In late October, the court issued a preliminary injunction temporarily blocking the WesternGeco project so that it could consider the environmental groups' claims. Last Friday, the court agreed with the environmental groups that BLM, by approving the exploration activity, violated the National Environmental Policy Act (NEPA). This is the first time a federal court has had the opportunity to review a Bush administration-sponsored oil exploration project.

"The court recognized that the project would have caused lasting damage to Utah's canyon lands," said Sharon Buccino, an NRDC senior attorney. "This should send a strong message that the White House can't hand over our most sensitive wild lands without considering the environmental consequences and giving the public a say."

FOR MORE INFORMATION
Press Release:  12/23/02

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Bush administration weakens federal program for cleaning up dirty waters
December 21, 2002: The U.S. Environmental Protection Agency formally withdrew a Clinton administration rule that imposed federal oversight on states' efforts to clean up some 20,000 of the nation's "impaired" or polluted waterways -- a designation that applies to about 300,000 miles of rivers and shorelines and 5 million acres of lakes.

For three decades, national water pollution control efforts have been guided by the fundamental goals of the Clean Water Act: that rivers, lakes, estuaries and coastal waters be safe for swimming and boating and any fish caught should be safe to eat. Although there has been progress, nearly half of the assessed waters nationwide are still considered impaired for human or aquatic life use. The key provision of the law governing the cleanup of these polluted waters is the Total Maximum Daily Load program. The TMDL program requires states and EPA to identify polluted waterways, rank them for priority attention, and then develop pollution limits for each water body. Despite the law, EPA and states largely failed to clean up waterways under the program until a wave of citizen lawsuits forced them to begin doing so.

In keeping with the administration's disregard for mandatory regulations and strict enforcement, EPA's proposed rule stressed the need for flexibility and voluntary efforts to achieve pollution cleanup. However, by making it easier for states to remove waterways from the clean up list and making it more difficult for additional waterways to be added to the list, the new rule would ensure that America's dirty waters remain polluted -- and perhaps become more so -- for decades to come.

"Sure, the current program for cleaning up America's dirty rivers, lakes and estuaries could be strengthened, but the Bush administration's approach won't do that," said Nancy Stoner, director of NRDC's clean water program. "The new EPA plan will only delay and weaken cleanup efforts."


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Judge slaps restraining order on plan to dredge Snake River
December 20, 2002: As the Army Corps of Engineers prepared to begin its long-planned dredging project on Washington's lower Snake River, a federal judge saved the salmon in the nick of time. The endangered fish, already facing extinction from a series of dams that impede its spawning, faced additional risks from the project to deepen the river's channel for barge traffic. Fortunately for the salmon, the judge put the dredging project on hold, pending the outcome of a lawsuit filed by environmentalists.

"The Corps came up with this dredging plan using sketchy biology and faulty economic analysis, and certainly didn't consider how digging up the river would hurt salmon that spawn in the river," said Karen Garrison, co-director of NRDC's oceans program. "Fortunately, the judge recognized the plight of the salmon and the agency's bad analysis."


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BLM denies drilling access in Colorado wildlife range
December 20, 2002: Environmentalists got some rare good news when the Bureau of Land Management denied a company's request to allow natural gas well drilling rigs and other equipment to cross big game winter habitat in southeastern Colorado. BLM's Glenwood Springs Field Office cited stress on elk and deer herd that inhabit the Grand Mesa area during the winter months.

EnCana Oil and Gas (USA) Inc. had sought permission to use a recently completed access road to reach leases on BLM-managed land so that it could drill up to 17 new wells. The project would have violated the agency's "no surface use" limitation period of December 1 through April 30, which is in effect due to the presence of wildlife. In particular, BLM officials were concerned about causing stress on the wintering animals created by the expected large volume of vehicular traffic.

"We applaud the local BLM officials for basing its decision on the welfare of wildlife in the face of the Bush administration's push to open up public lands to energy companies without considering environmental consequences," said NRDC attorney Sharon Buccino.


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Judge gives Department of Interior extension on manatee plan
December 19, 2002: With hundreds of Florida manatees congregating in their winter sanctuaries and wildlife officials scrambling to mark new protective zones for them, a federal judge granted Interior Department officials more time to consider further safeguards. Earlier this year, Judge Emmet Sullivan ruled that the U.S. Department of Interior violated a settlement agreement signed two years ago that promised a series of new manatee refuges and sanctuaries throughout Florida. Apparently satisfied with the government's progress in protecting manatees, particularly the agency's recent efforts to post temporary notification buoys in 11 of 15 newly designated safe zones throughout state waters, Sullivan agreed to withhold judgment until next month's hearing on whether Interior Secretary Gale Norton and other agency officials should be held in contempt of court for violating that deal.

"The administration got a last reprieve from the judge, and had better live up to its end of the bargain to protect the manatees," said Karen Garrison, co-director of NRDC's oceans program.


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White House begins process of relaxing government regulations for industry
December 19, 2002: The Bush administration released a report on how it plans to overhaul more than 300 federal regulations targeted by industry. The White House Office of Management and Budget (OMB) will direct the review that could significantly weaken rules safeguarding America's environment and public health.

Under the Bush administration, the OMB has enjoyed unprecedented new power to undermine existing environmental rules and bottle up new ones indefinitely. Last year the agency reached out to polluters and the think tanks they fund to develop a specific "hit list" of dozens of environmental and public health safeguards, many of which were weakened. Corporations again dominated the nominating process this year, placing many of their suggestions for changing regulations on OMB's "hit list" for 2003. The federal agency with the largest number of rules targeted for review (65) is the Environmental Protection Agency.

"While the Bush administration claims the aim of its hit list is to reform regulations, its objective in rewriting rules for corporations is really to roll back important safeguards for public health and the environment," said Wesley Warren, NRDC's regulatory expert. "Corporations can expect the White House to fulfill their Christmas wish list, and everyone else will get a lump of coal."


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Bush administration faces tough time tapping oil in the Rockies
December 18, 2002: The Bush administration's effort to boost domestic energy development may have hit a snag in the Rocky Mountains. The latest analysis by the U.S. Geological Survey estimates that the region contains much less oil -- 844 million fewer barrels -- than it had projected in 1995. That leaves roughly 1.9 billion barrels of crude oil in the five basins covering western Montana, much of Wyoming, parts of eastern Utah and western Colorado, and northwestern New Mexico. The United States uses about 18 million barrels of crude oil a day. Not only is there less oil in the Rockies, but the USGS did not consider the economic feasibility of tapping it.

"Most of the resource deposits that are easiest to tap have already been developed," said Patricio Silva, an NRDC attorney in the energy program. "Developing the remaining oil reserves in the Rockies would be possible only if companies were willing to spend whatever it takes to get it. That's not likely because it's much cheaper to drill for oil in other places."

FOR MORE INFORMATION
More Background:  The Bush Energy Plan and America's Public Lands

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Bush administration optimistic about Powder River Basin energy supplies
December 18, 2002: The Bush administration, which has made the Powder River Basin a cornerstone of its energy policy, is delighted to find out that there may be far more coal-bed methane gas available in the region than previously thought. The U.S. Geological Survey's latest analysis of the basin, which straddles Montana and Wyoming, holds that the region has a whopping 14 times more gas -- totaling 14.3 trillion cubic feet -- than was estimated in 1995. Environmentalists point out that the gas reserves are only an estimate, not proven fact, and that USGS figures reflect all gas in the region, not what would be economically feasible to extract.

"Even if the Powder River Basin does contain huge gas reserves, the tremendous difficulties involved with actually getting it out of the ground mean that energy companies would have a hard time turning a profit," said Patricio Silva, an attorney in NRDC's energy program. "The Bush administration needs to realize the immense environmental harm to the basin's air, water, wildlife and other natural resources that would result from full-scale energy development."

FOR MORE INFORMATION
More Background:  The Bush Energy Plan and America's Public Lands

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White House discounts human life in cost-benefit analysis
December 18, 2002: The White House Office of Management and Budget has sparked a scientific and ethical debate with its position that, when it comes to evaluating proposed federal regulations, some human lives warrant less protection than others. While it is standard practice for the government to run cost-benefit analyses before implementing regulations, selectively lowering the value of human life can lead to extremely biased and unfair results. Under OMB's approach, the lives of senior citizens (70 years or older) are worth much less than younger people. Twice this year, the OMB told the Environmental Protection Agency to apply the discounted value of 63 percent for elderly Americans when it was assessing whether to impose new air pollution restrictions on the polluting industries.

Critics have blasted the Bush administration for discounting human lives in an apparent attempt to relieve industry from the cost of complying with requirements intended to safeguard public health. Moreover, the cut-rate standard being applied by OMB is based on faulty science that is out-of-date and doesn't even apply to U.S. regulations. The 63 percent value is based on a 20-year old scientific survey in Britain, in which citizens were asked how much they would pay for a safer bus system. More recent studies have concluded that there is little difference between the value that the elderly and younger people place on saving their life.

"Inevitably, cheapening the value of life leads to an unacceptable loss of life," said Wesley Warren, NRDC's senior economics fellow. "Helping industries avoid cleaning up their pollution is what's motivating the White House, when protecting the lives of the old and young should be their first priority."


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Government doing big business with lawbreaking companies
December 16, 2002: During the 2000 budget year, the federal government awarded more than $855 million worth of contracts to companies that had violated at least one federal law in the three previous years, according to the General Accounting Office. GAO's investigation revealed that 39 companies winning contracts of $100,000 or more were guilty of violating federal labor, employment, antitrust, or environmental laws. The lawbreakers included a waste-disposal company that illegally dumped nearly 23 million gallons of waste and falsified documents to avoid paying higher dumping fees; a safety equipment manufacturer that illegally stored hazardous waste; and a poultry company that illegally discharged 11 million gallons of polluted storm water into a federal wildlife refuge. The practice is not likely to end any time soon, since the Bush administration last year revoked a rule enacted by the Clinton administration barring companies in violation of federal laws from receiving lucrative government contracts.

"Apparently the Bush administration has no problem using doing business with polluters and other lawbreakers and paying them with our tax dollars," said Wesley Warren, NRDC's senior economic fellow.


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EPA factory-farm rule favors polluters
December 15, 2002: The U.S. Environmental Protection Agency announced a final rule on controlling factory farm pollution that will allow agribusinesses to continue to foul the nation's waterways with animal waste. Large-scale animal factories, which raise thousands of animals and produce 220 billion gallons of manure annually, now dominate animal production across the country. These large-scale operations routinely over-apply liquid waste on land, which runs off into waterways, killing fish, spreading disease, and contaminating drinking water supplies. They also emit toxic fumes into the air.

Thirty years ago, Congress identified concentrated animal feeding operations (CAFOs) as point sources of water pollution to be regulated under the Clean Water Act's water pollution permitting program. However, the scale of animal production at individual operations has dramatically increased since then. As a result, the regulations that EPA developed in the 1970s are outdated and inadequate. In 1992, EPA was forced to finalize a new rule by December 15, 2002, under a judicial consent decree between NRDC and the agency.

Environmental groups had urged EPA to adopt a rule that would keep animal waste out of rivers and lakes, hold corporate owners responsible for spills, and guarantee adequate public participation. The Clinton EPA proposed a new rule featuring several initiatives that would have protected the environment, but the Bush administration stripped them from the final rule after agribusinesses complained. As a result, the new rule will:

  • legalize discharges of runoff contaminated with nitrogen, phosphorus, bacteria and metals into already polluted rivers and streams;
  • fail to update technology standards to tighten controls on water pollution, allowing factory farms to continue discharging raw waste;
  • allow factory farms to write their own permit conditions;
  • shield corporations that own the livestock from liability for the environmental damage they cause;
  • create new loopholes in the law, shielding factory farms from liability for animal wastes running off the land into waterways.


"The Bush rule puts polluters first," said Melanie Shepherdson, an attorney with NRDC's Clean Water Project. "The EPA gave agribusiness increased protection from liability for polluting our waterways. It's a sweet deal for factory farm polluters, but it stinks for the rest of us."

This rule is yet another example of how contributors to the Bush-Cheney campaign are getting what they paid for, Shepherdson added. She pointed out that during the 2000 election, the Bush-Cheney campaign received $2,636,625 from agribusiness, including $647,285 from the dairy, livestock, and poultry and egg industries. President Bush received more livestock industry contributions ($506,085) in the 2000 election campaign than any other federal candidate received between 1990 and 2000.


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Judge puts blocks Snake River dredging plan to evaluate risk to salmon
December 13, 2002: A federal judge blocked the U.S. Army Corps of Engineers from dredging the lower Snake River until he has a chance to decide whether the project will unduly harm threatened salmon runs. The agency was a few days away from deepening the 14-foot navigation channel along the river by three feet to facilitate barge traffic. The judge ruled in favor of environmentalists who had filed suit, arguing that dredging would destroy valuable spawning habitat and harm or kill salmon and steelhead. They also accused the Corps of violating environmental laws -- the National Environmental Policy Act and the Endangered Species Act -- by refusing to consider a less environmentally damaging alternative: promoting healthier streamside habitat to naturally reduce sediment flowing into the river, and flushing sediment downstream during high spring flows to mimic a more natural river system. The judge's decision is only a temporary reprieve, as he plans to make a final ruling within several months after another hearing.

"The judge realizes what the Corps refuses to admit, that there is a way to achieve both goals of improving the shipping channel and protecting federally protected fish and wildlife," said NRDC attorney Joel Reynolds.


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White House proposes minor increase in automobile fuel economy
December 12, 2002: Reaching for a fig leaf in the growing debate over America's foreign oil dependence, the Bush administration today announced a paltry measure that would boost SUV and light-truck fuel-economy standards by just 1.5 mpg over the next five years. The mileage requirement for other passenger cars will remain at 27.5 miles per gallon, the standard set more than a decade ago.

American automakers have successfully lobbied against every fuel-economy standard ever proposed. The administration has helped them fight progress by opposing real fuel savings offered in the Senate earlier this year. According to the National Academy of Sciences, fleet-wide fuel economy could be raised by more than 10 times the amount proposed by the administration. Because passenger vehicles use about 40 percent of the 19 million barrels of oil consumed in the United States each day, the administration's proposal will perpetuate the nation's dangerous dependence on foreign oil.

"The president's plan would save just a few drops from the ocean of Middle East oil," said Dan Lashof, policy director for NRDC's Climate Center. "We have the technology to improve safety and fuel economy in cars and trucks of all sizes. Detroit and the White House are standing in the way."

FOR MORE INFORMATION
Press Release:  12/12/02

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U.S. appeals court upholds Roadless Area Conservation Rule
December 12, 2002: In a victory for the environment and a major setback for the Bush administration's forest policy, a federal appeals reinstated a Clinton administration ban on logging and road construction in 58.5 million acres of remote or "roadless" national forests. The Roadless Area Conservation Rule, issued by the U.S. Forest Service on January 12, 2001, applied to nearly one-third of federal forest lands. In response to a lawsuit filed by the state of Idaho, the Kootenai Indian tribe and logging groups, U.S. District Court judge in Idaho issued a preliminary injunction blocking the rule on May 10, 2001. The Bush administration declined to appeal the ruling. But environmental groups, including NRDC, intervened and convinced the 9th U.S. Circuit Court of Appeals that the rule should stand. In overturning the lower court's ruling, the appeals court noted that "the Forest Service held over 400 public meetings about the Roadless Rule and that it received over 1,150,000 written comments."

"As of today, the roadless rule is once again the law of the land," said Nathaniel Lawrence, director of NRDC's forest programs and co-counsel for environmental intervenors in the case. "This decision is a ray of hope at a time when the Bush administration is relentlessly hacking away at the nation's forest protections. The question now is whether the administration will enforce the rule or continue trying to gut it."

The court victory came a day after the Bush administration proposed new forest management rules aimed at boosting logging by eliminating environmental reviews and curtailing public input.

FOR MORE INFORMATION
Press Release:  12/12/02

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White House fire plan would boost logging and at expense of environment, public input
December 11, 2002: Congress rejected President Bush's forest fire-prevention legislation this fall, but that didn't stop the administration from moving ahead. The White House simply sidestepped lawmakers by proposing a far-reaching series of rules to reduce wildfire risk on millions of acres of national forests and other public lands by cutting more trees. This sweeping forest-policy revision would speed up logging projects by curtailing public input and eliminating environmental review, as required under the National Environmental Policy Act.

Under the proposed "streamlining" rules, which will be finalized after a 30-day public comment period, federal agencies could claim that almost any kind of logging is reducing fire risk. The ability of citizens to oppose logging projects on public lands would be limited, as only people or groups that raised objections at early hearings on those projects will have standing to lodge administrative appeals. The proposed new rules also would impose deadlines on when those appeals must be decided, in an effort to expedite projects.

The proposal being forced by the administration contains loopholes that would allow large trees -- more fire resistant and worth more money -- to be logged instead of the more flammable and problematic brush and young, thin trees. Numerous studies show that the way to save houses from forest fires is to remove trees and bushes in close proximity to at-risk communities and to use fire-resistant building materials. By concentrating logging efforts on commercially valuable large trees in remote sections of national forests, the president's plan could actually increase fire risk to homes and communities in need of forest thinning.

"This plan is yet another example of how politics trumps science with this administration," said Amy Mall, a forest and land specialist at NRDC. "This plan is nothing more than a payback to the timber industry, allowing it to remove trees far from where people live and cutting the public out of the decision-making process."

FOR MORE INFORMATION
Press Release:  12/11/02

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Army Corps of Engineers misses deadline on rules for Everglades restoration project
December 11, 2002: The U.S. Army Corps of Engineers missed a key deadline for completing regulations that will guide the $8.4 billion Everglades restoration project. The agency gave no reason for the delay and indicated that the rules would be ready early next year. In July, the Corps issued draft programmatic regulations that failed to provide a clear outline for implementing the ambitious restoration plan.

"The delay is not a problem if it means the Corps will develop a better plan to meet the restoration needs of the Everglades," said NRDC attorney Brad Sewell.


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GAO suit against Cheney energy task force rejected
December 09, 2002: A federal judge dismissed a lawsuit filed by Congress's General Accounting Office (GAO) seeking records related to Vice President Cheney's energy task force. The ruling represents a victory for the Bush administration and a significant setback for congressional oversight of White House activities. Legal scholars expressed dismay over the ruling because it goes beyond the Cheney matter to state that the investigative arm of Congress has no right to bring almost any lawsuit -- an interpretation that could make it very difficult for the GAO to enforce requests for information from any federal agency. The Bush administration, however, is not off the hook yet. Two lawsuits are pending, including one by NRDC, to force the White House to turn over the information it continues to hold secret from the public. While agencies such as the Department of Energy have released records in response to earlier court orders, the White House has refused to disclose the records of the energy task force. The NRDC lawsuit awaits a decision by Judge Paul Friedman.

The judge's decision was not a complete surprise, given that President Bush appointed Judge John Bates to the U.S. District Court in December 2001. Critics noted that Judge Bates' ruling contrasts with his previous experiences as a deputy to Whitewater prosecutor, when he led the fight to force the White House to disclose information.

"Judge Bates' decision to shield the activities of Vice President Cheney's secretive energy task force seems to be more about politics than the law," said NRDC Senior Attorney Sharon Buccino. "No doubt the GAO will appeal the case, as well it should."

FOR MORE INFORMATION
Press Release:  12/9/02
More Background:  The Cheney Energy Task Force

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Bush administration approves limited river restoration plan for Glen Canyon
December 09, 2002: Three federal agencies -- the Bureau of Reclamation, the National Park Service and the U.S. Geological Survey -- signed off on a plan to restore a six-mile stretch of the Colorado River to its pre-dam condition in an effort to save an endangered fish. Next month, a flood of water will be released from the Glen Canyon Dam near the Arizona-Utah border to "shock" spawning non-native rainbow and brown trout to the surface, where they will be removed from the river. The trout have overwhelmed and eaten the native humpback chub, reducing the population to fewer than 2,000 adults. The second phase of the plan, scheduled for early 2004, involves releasing another torrent of water to flush sediment stored at the mouth of the Paria River into the Colorado to rebuild beaches and sandbars in the Grand Canyon.

The Glen Canyon Dam, which was built 40 years ago to create the reservoir known as Lake Powell, tamed the Colorado River by altering its seasonal characteristics, bottling up sand, silt and clay from spring flooding, and preventing warm summer waters from reaching the chub. In April, a panel of scientists proposed the artificial flooding plan to restore natural conditions to the river. Some environmentalists worry that the plan doesn't go far enough, and that more aggressive action is needed to protect the river's health and save endangered fish.

"So far four native fish species have succumbed to the dam, and the chub is on its last fin," said NRDC attorney Joel Reynolds.


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Bush administration fosters policy of delay on global warming
December 04, 2002: Ignoring a decade of peer-reviewed global warming science, the Bush administration has called for at least five more years of study before taking any substantial action to stem the problem -- delay that will make it harder and more expensive to solve the problem. In fact, the most critical issues in the new scientific agenda have been extensively analyzed over the past 10 years by thousands of experts, including the National Academy of Sciences. Last May, the White House itself conceded that global warming poses a significant and costly threat to the U.S., and acknowledged that heat-trapping carbon dioxide (CO2) pollution is the leading culprit. The most important questions about global warming have been asked and answered, making additional study in lieu of real action pointless. According to a majority of the world's leading experts, the verdict is already in: Global warming has begun and, if left unchecked, it threatens to wreak havoc.

The answer is cleaner cars and cleaner energy. The White House opposes any mandatory limits on carbon pollution from either source. New measures to reduce emissions from power plants and other industrial polluters require years to fully implement. While the U.S. delays, investors around the world are building expensive new energy plants using outdated, highly polluting technologies. Every year of delay locks in more outmoded investment and increases the ultimate costs of protecting the environment. The International Energy Agency forecasts that $4.2 trillion will be spent on new electric generating plants alone between now and 2030 -- an average investment rate of $140 billion a year. In the year 2020, half the electric generating capacity in the world will be in plants that are not yet built.

"The Bush plan takes us backwards in time at precisely the moment when forward progress is critical," said Dan Lashof, science director of the NRDC Climate Center. "The important thing is to get rules in place and start investing in clean technologies to reduce carbon pollution."

FOR MORE INFORMATION
Press Release:  12/4/02

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Bush administration loses appeal in California offshore drilling case
December 02, 2002: A federal appeals court dealt a blow to the Bush administration's plan to allow new oil drilling off California's coast. A panel of judges upheld a lower court ruling that the government illegally extended 36 undeveloped oil leases off the central California coast. The panel agreed with the state of California and environmental groups who had sued the federal government because of the environmental risks posed by oil drilling.

In June 2001, U.S. District Judge Claudia Wilken ruled that the federal Minerals Management Service (MMS) failed to comply with the Coastal Zone Management Act, a law that grants states the authority to review federal actions that may affect their coasts. The judge also found that the lease extensions were illegal because the service did not study the environmental consequences of drilling the leases, as required by the National Environmental Policy Act. The 9th U.S. Circuit Court of Appeals in San Francisco heard the case after the Bush administration appealed Judge Wilken's ruling. It upheld the lower court ruling in all respects. In a 33 page opinion, the appeals court wrote that the lease extensions "represent a significant decision to extend the life of oil exploration and production off of California's coast, with all of the far reaching effects and perils that go along with offshore oil production." It noted that the 36 leases "are located between the Channel Islands National Marine Sanctuary and the Monterey Bay National Marine Sanctuary, which contain many species that are particularly sensitive to the impacts of spilled oil." The only higher authority that the Bush administration can appeal to is the U.S. Supreme Court. The case (No. 01-16637 D.C. No. CV-99-04964-CW) is State of California v. Gale Norton, Secretary of the Department of Interior.

"This is a victory for the millions of people who visit, live and work by California's coast," said Drew Caputo, a senior attorney with NRDC. "After losing twice in federal court, it's time for the Bush administration to stop fighting for more oil drilling and to start protecting California's coast."

FOR MORE INFORMATION
Press Release:  12/2/02

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