From the very beginning, the Bush administration has worked to keep its attack on environmental laws out of the public eye.
It has accomplished part of that objective by using federal regulations and guidelines as the primary vehicle for its assault, effectively keeping the issue out of Congress and away from the glare of publicity that would accompany a legislative fight. But even the federal rule-making process -- with its requirement for public hearings and extensive documentation -- is apparently too high-profile for the Bush team.
From forest policy to clean air rules, the administration has established exemptions allowing federal officials to bypass the established process. The Forest Service, for instance, has proposed to increase its use of "categorical exclusions" -- a provision that limits environmental analyses and eliminates public comments or administrative appeals. Already, the forest service has identified 1,500 projects it wants to approve through 'categorical exclusions.'
The categorical exclusion rule was established to give land managers a way to move ahead with projects that had no significant environmental impact. The administration wants to expand the provision to cove small-scale logging and even road construction in roadless areas.
In the summer of 2003, the forest service proposed five new categorical exclusions, one of which would allow the agency to conduct small logging projects without even consulting the people it will affect. The new exclusions, if adopted, would likely mean that more than 150 pending logging projects will move forward with no public input at all.
"The administration is trying to sidestep environmental laws and eliminate the ability of citizens to appeal," says Marty Hayden, a forest policy specialist with Earthjustice.
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