Consultation under the Endangered Species Act

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Remember those changes in interagency consultation under the Endangered Species Act that Secretary of the Interior Dirk Kempthorne proposed last August? Remember how Kempthorne claimed that the new rules were a "narrow regulatory change" that "will provide clarity and certainty to the consultation process under the Endangered Species Act" (Washington Post)?

Well, Friday's Portland Oregonian provides a good example of why consultation is needed.

The nation's top fisheries agency on Friday told U.S. energy regulators that their Sept. 18 decision to issue conditional approval of the controversial Bradwood Landing liquefied natural gas terminal was illegal under the Endangered Species Act.

The National Oceanic and Atmospheric Administration Fisheries Service said the Federal Energy Regulatory Commission was out of line in issuing its license without necessary state and federal permits in hand. Before FERC can issue a license, NOAA Fisheries Service says it must be formally consulted on how to minimize the project's impact on endangered species. (emphasis mine)

That "formal consultation" is the consultation required under the Endangered Species Act the same consultation the Kempthorne claims isn't needed.

Secretary Kempthorne, maybe you need to talk with Secretary of Commerce Carlos Gutierrez. NOAA reports to him, and they clearly think consultation is necessary. Methinks they may know something you don't.

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The Bush administration on Monday said that changes it wants to make to endangered species rules before President Bush leaves office will have no significant environmental consequences. (The Associated Press)If you go to the "Myths and Realities" page ... Read More

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