Bush rules must be questioned, changed
By KEN MIDKIFF
Published Friday, December 19, 2008
(http://www.columbiatribune.com/2008/Dec/20081219Comm002.asp)

Back when President George W. Bush was elected for the first time, he came up with cute names for destructive positions.

"Clear Skies" was the name given to allow expansions of industrial facilities to exempt such expansions from provisions of the Clean Air Act.

"Healthy Forests" was not at all healthy, unless it is assumed that clear-cut forests - with no trees whatsoever - are healthy.

The way things are supposed to work is that Congress passes a law. Since laws don’t deal very much with minutiae, whichever federal agency is in charge of administering the law will issue draft regulations to address the details. The draft regulations are sent out for public comment, and the agency in charge responds to those comments. Usually the response is to explain, change or delete the portion of the regulation in question.

Under the Bush administration, however, the last step is not taken. Instead of changing the regulation in response to scientific, economic or social concerns expressed in the comments, the agencies just ignore the public comments or at best acknowledge that such have been received. Then the agency just does whatever the Bush administration would have it do.

As President Bush slinks toward the horizon, he does so slinging industry-friendly regulations behind him. Similar to a Wild West cowboy leaving a saloon, he is firing his six-shooters behind him.

There are no more pretenses. The rules and regulations (which have the effect of law) are no longer given cutesy names but are just out-and-out favors to industry - handouts to our reigning welfare queens.

Much was written about how any rule or regulation adopted by the Bush administration in fewer than 60 days before the end of his term could be reviewed and approved or disapproved by Congress. But Senate and House leaders, both apparently having the spines of jellyfish, have so far declined to subject any of the new rules to such scrutiny.

While there is a mound of so-called "midnight regulations," some of the more glaring will:

• Make it easier for coal companies to dump waste from strip-mining into valleys and streams.
• Exempt CAFOs from toxic emissions reporting.
• Ease the building of coal-fired power stations nearer to national parks.
• Allow people to carry loaded and concealed weapons in national parks.
• Open up millions of acres to mining for oil shale.
• Allow health-care workers to opt out of giving treatment for religious or moral reasons, thus weakening abortion rights.
• Hurt road safety by allowing truck drivers to stay at the wheel for 11 consecutive hours.
• Allow CAFOs to self-certify that they are "no discharge" and therefore don’t need a federal permit.

Assuming Barack Obama is opposed to most of these, he can’t do much about them for many months - perhaps years. Even so, Jan. 20 can’t come too soon, so that the Bush administration can’t issue any more destructive rules, and the work can begin to overturn the ones that have been made law.