The California government has begun a lawsuit against the U.S. federal government to overturn recent rules changes that will "gut the Endangered Species Act," state Attorney General Edmund G. Brown said in a news release.
Brown criticized the administration of President George W. Bush for changes he called "an audacious attempt to circumvent a time-tested statute that for 35 years has required scientific review of proposed federal agency decisions that affect wildlife."
The new regulations came into effect on Dec. 16. They attempt to overturn a provision from the act that requires a scientific review of federal agency decisions that might affect endangered species and their habitats.
The change also allows federal agencies to permit commercial activities — such as mining or logging — on federal lands without first checking the environmental effects of the activities.
The federal agencies that now have the power to make these decisions don't have the expertise to assess the environmental effects, and often have a vested interest in having the project go ahead, Brown said Monday.
For example, federal agencies will no longer have to consider possible environmental problems created by new highways and coal-fired power plants that require federal approval or funding.
The lawsuit alleges that the Bush administration:
- Violated the Endangered Species Act by adopting regulations that are inconsistent with the act.
- Violated the National Environmental Policy Act because it didn't consider the environmental effects of the regulations.
- Violated the Administrative Procedures Act because the administration failed to adequately consider public comments from Brown and others.
He wrote to the government on Oct. 14, making many of the same legal and environmental points repeated in the lawsuit and his news release.
Three environmental groups have also begun legal challenges of the regulations.
