Mining Companies Freed of Clean-Up Responsibilities Under Bush
More weight has been added to the assertion that under the Bush Administration, the Department of Interior has become a wholly owned subsidiary of the mining industry and other special interests. Nowhere is that more apparent than in the administration's eagerness to eliminate regulations, 20 years in the making, designed to protect public lands from environmental damage caused by mining.
Under a 1976 federal law, Interior was required to prevent "unnecessary or undue degradation" of public lands, including damage from "hardrock" mining to extract gold, copper, and zinc.
But until 2001 the government had ignored this provision. Instead, unfailingly, the Interior Department gave mining companies open access to public lands. Finally, in the closing months on the Clinton Administration, Interior issued regulations to enforce the law. The regulations gave Interior officials clear authority to deny permits for mines on public lands that would pose "substantial irreparable harm" to environmental, scientific or cultural resources.
But the new Bush Administration quickly set a new agenda. The Senate Government Affairs Committee has uncovered thousands of pages of internal administration documents and emails showing that from its first days in office, the Bush Administration was determined to roll back the regulations.
Just 13 days into the new administration, the governor of Nevada petitioned Interior Secretary Gale Norton to suspend the regulations. Notes from multiple meetings and e-mails between government officials reveal the White House's keen interest in overturning the regulations: "Ann Klee at Interior has coordinated with the White House... Apparently, WH is eager for this to get out," says one e-mail exchanged between Interior and Bush administration budget officials.[1]
In March 2001, three months after President Bush took office, Interior formally proposed to suspend the regulations. Even though 95 percent of the 49,000 public comments received by the department opposed the reversal, Interior issued a new final rule in October 2001. It called the regulations "unduly burdensome."[2] The term "substantial irreparable harm" was stripped from the criteria government officials would use in deciding if mine operations will be allowed.[3]
Explaining Interior's position, the department's solicitor actually argued that Interior lacked the authority to stop a legal mining operation. In ensuing litigation over the rollback, a court overturned this decision. It ruled that federal law "vests the Secretary of the Interior with the authority -- and indeed the obligation -- to disapprove of ... mining operation because the operation...would unduly harm or degrade the public land."
Advocates for protection of America's public lands agree, regretfully, that under the current administration there is little risk that this authority will ever be exercised.
###
SOURCES:
[1] Senate Committee on Governmental Affairs, 2002.
[2] "Bush Environmental Record Under Senate Panel Review," Greenwire, Mar. 4, 2002.
[3] CFR SIH 2001, CFR Update 2004, MPC v. Norton 2003.
[4] MPC v. Norton 2003 at 42.
I get these things everyday - and there like, Bush did what? Its unbelievable. I don't have time to read them all the time, but they all go into my "badBush" file, and it's pretty full. But if you are interested, you can find all the information here:
http://www.bushgreenwatch.org/back_issues.php