Friday, April 18,
2003
WASHINGTON — The
Bush administration is quietly reshaping environmental policy to
expand logging and other development by settling a series of
lawsuits, many of them filed by industry groups.
As a result of
settlements, the administration has announced plans to remove
wilderness protections for millions of acres in Utah, has agreed
to review protections for endangered species such as salmon and
the northern spotted owl, has reversed a Clinton-era ban on
snowmobiles in Yellowstone and Grand Teton national parks and
has softened rules on logging.
None of the
decisions were subject to prior public comment or congressional
approval.
"I don't know
if it's a policy, but it's definitely a pattern," said
Kristen Boyles, a lawyer for the environmental group
Earthjustice who has frequently battled the Bush administration
in court.
"The industry
sues and then the current administration does a poor job of
defending itself or comes to a sweetheart settlement,"
Boyles said.
Critics call it
"sue and settle," leaving few fingerprints as
officials move to roll back environmental protections.
Last month, several
environmental groups filed a federal lawsuit claiming the
administration and the timber industry have been holding secret
talks to undermine the Northwest Forest Plan. The suit seeks
access to settlement documents under the Freedom of Information
Act.
Mark Rey, the
Agriculture undersecretary who directs forest policy, denies any
attempt to orchestrate legal challenges.
"No litigation
is friendly," he said.
But critics suggest
the administration is using the lawsuit settlements as an
end-run around Congress, which has blocked some parts of the
Bush agenda, including efforts to open Alaska's Arctic National
Wildlife Refuge to oil drilling and the Healthy Forests
Initiative, which would increase logging in national forests to
reduce the risk of wildfires.
"In the guise
of settling lawsuits, federal officials have retired to the back
room to work out deals that sacrifice our old-growth forests,
salmon and clean water for the sake of clearcutting our public
lands," said Patti Goldman of Earthjustice, one of the
plaintiffs in the freedom of information case.
In recent weeks, the
administration has settled several industry challenges to the
Northwest Forest Plan, which governs logging and habitat
protection for salmon and other threatened species. Among other
actions, the government agreed to review Endangered Species Act
protections for the northern spotted owl and marbled murrelet,
birds that are icons of the Northwest timber wars. In a separate
action, officials have proposed weakening some salmon
protections to boost logging.
The National Park
Service also has allowed snowmobiles in Yellowstone and Grand
Teton national parks, and the Agriculture Department declined to
defend the "roadless" rule, a Clinton-era policy that
blocks road-building in remote forest areas.
Last week, the
Interior Department announced that in response to a lawsuit it
intends to halt all reviews of its Western land holdings for new
wilderness protection and to withdraw that protected status from
some 3 million acres in Utah. That settlement was approved by a
federal judge on Monday, three days after it was filed.
Rey, a former timber
industry lobbyist, said officials are doing nothing the Clinton
administration didn't do in the 1990s.
"I understand
why they're unhappy," Rey said of critics, "but their
unhappiness needs to be measured in balance to the situation
they enjoyed when people who agreed with them more often than
not were in this position."
Rey said the Clinton
administration encouraged friendly suits from environmentalists
to block logging in Northwest forests, prevent road-building and
stop development on vast wilderness areas controlled by the
Bureau of Land Management.
Environmentalists
deny that claim.
"I do not know
of any instance where the Clinton administration said, 'You sue
us, and we'll settle and we'll stop a timber sale.' It hasn't
happened in this office," said Boyles of Earthjustice.
Each of the
settlements the Bush administration agrees to is presented to a
judge and will be subject to public comment. Rey said they will
be judged on their merits.
"Nobody gets
frozen out of our actions because the public ultimately is going
to get a chance to comment. If they are dissatisfied, they will
get their own opportunity to sue," Rey said.
But environmental
groups call the comment period a formality, which rarely
produces any substantive change in the settlement.
Chris West of the
American Forest Resource Council, a Portland, Ore.-based timber
group which has filed several of the lawsuits, denied any
collusion in the litigation.
He said Bush is
"just trying to put some balance into how these forests are
managed," noting that logging in the Northwest has dropped
in the past decade to less than a third of the volume
recommended by the Northwest Forest Plan.
|