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Context of 'April 8, 2004: Pacific Fisher in Danger of Extinction, but No Money to Save It'

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Helen Chenoweth in a 1995 photo.Helen Chenoweth in a 1995 photo. [Source: Joe Marquette / Associated Press]Representative Helen Chenoweth (R-ID), in her first two months as a member of the US House of Representatives, accuses the federal government of sending “black helicopters” filled with “armed agency officials” to terrorize Idaho citizens. Chenoweth, who has extensive contacts among area militias and will be characterized as the militia’s “best friend” in Congress (see May 2, 1995), is repeating a canard often used by far-right extremists who believe the UN and the federal government will use “black helicopters” filled with foreign troops to impose tyranny on US citizens. In a press release, Chenoweth says the federal government is violating the Idaho Constitution by using “armed agency officials and helicopters” to enforce the Endangered Species Act and other fish and wildlife regulations. The language of the press release implies that if a federal agent is armed and in Idaho, it is a violation of the Idaho Constitution. Chenoweth orders the government to immediately cease its alleged actions, and in the release, threatens Assistant Agriculture Secretary Jim Lyons by saying, “If it does not, I guarantee you I will be your worst nightmare for at least the next two years.” Chenoweth later tells a reporter, who asks about the black helicopters: “I have never seen them. But enough people in my district have become concerned that I can’t just ignore it. We do have some proof.” Brian Gorman, a spokesman for the National Marine Fisheries Service, says, “All I can say is, we have never had helicopters, have not flown them as part of any endangered-species activity, and we’ve always worked hand in glove with local officials.” [New York Times, 5/2/1995; Sierra Magazine, 5/1996]

Entity Tags: Endangered Species Act, Brian Gorman, Clinton administration, National Marine Fisheries Service, Helen P. Chenoweth, James (“Jim”) Lyons

Timeline Tags: US Domestic Terrorism

A Klamath River farmer and prospective voter.A Klamath River farmer and prospective voter. [Source: Sierra Times]Interior Department official Sue Ellen Woodbridge is contacted, to her surprise and initial disbelief, by Vice President Dick Cheney. Cheney is concerned with a situation developing in Oregon, a battleground electoral state that the Bush-Cheney presidential campaign had lost by less than half a percentage point in November 2000. Drought-stricken ranchers and farmers—largely Republican in makeup—are clamoring for the irrigation water they need to keep their croplands and pastures green. [Washington Post, 6/27/2007] The farmers and ranchers of the area are key to the re-election of Senator Gordon Smith (R-OR). [CounterPunch, 7/16/2007] But federal biologists say that the Endangered Species Act gives the government no choice: if the water is released, two imperiled species of fish will be gravely impacted. Both science and the law are on the side of the fish, but Cheney steps in, apparently more out of political concerns for Oregon than for the farmers and ranchers. According to Cheney’s aides, he first looks for a way around the law. According to an Oregon congressman who lobbies for the farmers, when Cheney finds no way to circumvent the law, he instead attacks the science protecting the fish (see April 2002). The government eventually declares, in spite of all scientific evidence, that the water release and subsequent draining of the Klamath River basin will not harm the fish. Instead, the water release causes the largest fish kill in modern Western history (see September 2002). Cheney’s role in the fish kill will not be revealed until 2007. [Washington Post, 6/27/2007] After the Washington Post reveals Cheney’s role in the fish kill, the House will open hearings on Cheney’s activities (see June 27-28, 2007).

Entity Tags: Richard (“Dick”) Cheney, Endangered Species Act, Gordon Smith, Sue Ellen Woodbridge, US Department of the Interior

Timeline Tags: US Environmental Record

The court orders the EPA to come up with regulations governing formaldehyde emissions at wood products facilities by February 27, 2004 (see February 2004). [Los Angeles Times, 5/21/2004]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

EPA staffers meet with the agency’s top pollution regulator, Jeffrey Holmstead, in his fifth-floor conference room to discuss a February 2004 deadline for creating a rule governing formaldehyde emissions at wood products plants. Holmstead, a lawyer, formerly worked at Latham & Watkins representing one of the nation’s largest plywood producers. Also present at the meeting is William Wehrum, the EPA air office’s general counsel, who had also represented timber interests as a partner of the same law firm. They meet with Timothy Hunt, a lobbyist for the American Forest & Paper Association who is an old acquaintance of Holmstead, and with Claudia M. O’Brien, the association’s lawyer. O’Brien had previously been a law partner of Holmstead’s and Wehrum’s at Latham & Watkins. During the meeting she proposes to exempt “low-risk” plywood, particleboard and other plants from strict emission controls, arguing that such facilities are often located in isolated areas where their emissions pose a relatively small risk to public health. She also contends that the expense of adding new controls to the plants, which the industry complains could cost as much as $1 billion, would make them vulnerable to foreign competition. Holmstead likes the idea and decides that the agency should push the proposal, despite opinions from EPA career attorneys that the exemption would violate the 1990 Clean Air Act amendments (see March 2003). [Los Angeles Times, 5/21/2004]

Entity Tags: Timothy Hunt, William Wehrum, Jeffrey Holmstead, Claudia M. O’Brien, Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

Michael Kelly, a federal biologist with the National Oceanic and Atmospheric Administration, heads a team for the National Marine Fisheries Service which is charged with reviewing the Bureau of Reclamation’s 10-year plan for allocating the Klamath River’s water. The team completes a report concluding that the Bureau’s plan would jeopardize the coho salmon, which are protected by the Endangered Species Act. The report makes its way to lawyers at the Justice Department who reject Kelly’s findings and order him to rewrite his biological opinion. Two weeks later, Kelly submits a new report reaffirming the team’s earlier findings, but supported by more scientific and detailed legal analysis. The recommendations are again rejected. Against the team’s advice, the Bureau of Land management will approve lower water levels for the Klamath River, based on recommendations from the National Academy of Sciences, which Kelly refuses to endorse. “Obviously someone at a higher level order the service to accept this new plan,” Kelly will observe. The decision will lead to the death of 33,000 salmon and steelhead trout (see September 2002). [Associated Press, 5/20/2004]

Entity Tags: Bureau of Land Management, Michael Kelly, National Academy of Sciences

Timeline Tags: US Environmental Record

More than 33,000 spawning salmon and steelhead trout die in the lower Klamath River due to the rivers abnormally low water level (see November 18, 2003). The fish succumb to “gill rot” which spreads rampantly among the fish as a result of warm water temperatures caused by the river’s shallow waters. The lower water-level is a result of the Bureau of Reclamation’s decision to cut the river’s flow to 750 cubic-feet per second and divert the remaining water to farmers for irrigation. The decision was made against the recommendations of two reports by a team of government biologists (see April 2002). [High Country News, 6/23/2003; Associated Press, 5/20/2004]

Timeline Tags: US Environmental Record

Emission by type of vehicleEmission by type of vehicle [Source: National Park Service] (click image to enlarge)The National Park Service (NPS) announces a plan to reverse a Clinton-era ban on snowmobiles in Yellowstone and Grand Teton National Parks. The NPS proposal would limit the number of snowmobiles permitted in the parks per day to 1,100 by December 2003. However, beginning with the 2004-2005 winter season, there would be no restrictions on the number of snowmobiles permitted in the parks. [Associated Press, 11/12/2002; Associated Press, 11/12/2002] The proposal is made despite the National Park Service having received some 360,000 emails and letters on the issue, eighty percent of which were in support of the ban. [United Press International, 11/11/2002] Lifting the ban on snowmobiles would have a considerable impact given that according to the EPA’s own figures, the emissions from a single snowmobile can equal that of 100 automobiles. [Blue Water Network, 1999; National Park Service, 5/2000; Environmental Protection Agency, 2001] The EPA had recommended in 1999 that snowmobiles be barred from the two parks in order to provide the “best available protection” for air quality, wildlife and the health of people visiting and working in the park. After coming to office, the Bush administration ordered a review of the policy as part of a settlement with snowmobile manufacturers who had challenged the ban. [Associated Press, 11/12/2002]

Entity Tags: Yellowstone National Park, Bush administration (43), National Park Service, Environmental Protection Agency, Grand Teton National Park

Timeline Tags: US Environmental Record

On the day before Thanksgiving, the Bush administration releases proposed rule changes that would lead to increased logging of federal forests for commercial or recreational activities by giving local forest managers the authority to open up the forests to development without requiring environmental impact assessments and without specific standards to maintain local fish and wildlife populations. Administration officials claim the changes are needed because existing rules—approved by the Clinton administration two months before Bush took office—are unclear, in addition to being costly and difficult to implement. Critics charge the changes are aimed at pleasing the timber industry at the expense of forest ecosystems. The proposed changes would affect roughly 192 million acres of US forests and grasslands. [Seattle Post-Intelligencer, 11/27/2002; CBS News, 11/27/2002] The proposal closely follows the timber industry’s wish list—a “coincidence” according to the Forest Service. [Native Forest Network, 11/27/2002 pdf file]

Entity Tags: US Forest Service, Bush administration (43)

Timeline Tags: US Environmental Record

Interior Secretary Gale A. Norton, Agriculture Secretary Ann M. Veneman, and Council on Environmental Quality (CEQ) Chairman James L. Connaughton meet with President Bush to discuss the implementation of the administration’s “Healthy Forest Initiative.” After the meeting, they announce proposed changes that would expedite the approval of “fuels treatment” projects (forest thinning) by weakening the review process and restricting public input. [US Department of Interior, 12/11/2002; Associated Press, 12/11/2002] Critics say the changes would make it easier for the timber industry to cut the larger, more fire resistant trees, making the forests more vulnerable to wildfires. They also charge that the proposed rules would allow logging interests to override local concerns. [Natural Resources Defense Council, 12/11/2002] Mike Francis, a forest specialist with the Wilderness Society, commenting on the proposed rule changes, tells the Associated Press, “Those are nothing more than administration’s typical desires to cut the public out of forest decisions. This administration doesn’t like what the public wants to do with their forests.” [Associated Press, 12/11/2002]

Entity Tags: James L. Connaughton, George W. Bush, Gale A. Norton, Ann M. Veneman, Bush administration (43)

Timeline Tags: US Environmental Record

President Bush delivers his State of the Union address and describes his rollbacks as environmental protections. He talks about his “Healthy Forest Initiative” (see May 21, 2003) and the issues of energy independence and air pollution, stressing his administration’s disfavor with “command-and-control regulations.” Bush does not mention the issue of clean water. [Natural Resources Defense Council, 1/28/2003; US President, 2/3/2003]

Entity Tags: George W. Bush

Timeline Tags: US Environmental Record

The National Park Service (NPS) releases its Final Supplemental Environmental Impact Statement (EIS) which favors an option to reverse the November 2000 decision to ban all snowmobiles from Yellowstone and Grand Teton National Parks by the 2003-2004 winter season (see November 12, 2002). The new EIS—done at a cost of $2.4 million to taxpayers—results from the settlement of a lawsuit that had been filed by the state of Wyoming and the snowmobile industry to reverse the November 2000 ban. The study concludes that the “preferred option” would be to phase in a requirement that all snowmobiles used in the park be four-stroke sleds and that all operators be required to either hire a guide, pass a guide’s course or accompany someone who has passed it. [Yellowstone National Park, 2/20/2003; Bozeman Daily Chronicle, 2/21/2003] Former NPS leaders condemn the report’s recommendation, insisting that the 2000 plan—backed by earlier scientific studies which had determined a strict ban would be the best policy to protect air quality, sound emissions, wildlife and human health, and safety—remains the most popular with the public. [Bozeman Daily Chronicle, 2/21/2003; Caspar Star Tribune, 2/21/2003] Critics have warned that reversing the ban would generate significantly more air pollution in the park—twice the carbon monoxide and six times the nitrogen oxide as the November 2000 ban. [US Congress, 3/13/2002; Caspar Star Tribune, 2/21/2003] The decision to halt the phase-out is well-received by industry leaders. “We are grateful that the Bush administration has given this issue a closer look,” Clark Collins, executive director of the Blue Ribbon Coalition, tells the Boseman’s Daily Chronicle. [Bozeman Daily Chronicle, 2/21/2003]

Entity Tags: Bush administration (43), National Park Service

Timeline Tags: US Environmental Record

A lawyer in the EPA’s general counsel’s office writes a confidential memo warning about the legal vulnerability of the proposed exemption (see January 14, 2002) for wood product plants from formaldehyde emission standards. The lawyer writes that the proposed exemption would result “in a regulatory approach equivalent to the one Congress specifically rejected” in 1990. “EPA would have a difficult time articulating any rational basis to defend such a… scheme.” [Los Angeles Times, 5/21/2004]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The National Park Service decides to reverse the Clinton administration’s decision to prohibit snowmobiles in Yellowstone and Grand Teton National Parks. The decision ignores earlier scientific analysis concluding that a snowmobile ban is the preferred policy to protect air quality, sound emissions, wildlife, human health and safety (see February 20, 2003). [USA Today, 4/24/2003]

Entity Tags: Yellowstone National Park, Bush administration (43), Grand Teton National Park, National Park Service

Timeline Tags: US Environmental Record

The Department of Interior informs Congress that it has decided to settle a lawsuit filed years ago by the state of Utah over the Bureau of Land Management’s policy of rejecting drilling and mining projects in areas under review for wilderness protection. The decision withdraws protected status for 3 million acres of land in Utah. Without designation as a Wilderness Area, portions of the Red Rock Canyons in southern Utah could be open to logging, oil and gas drilling, mineral extraction, road-building and other development. A federal appeals court had previously ruled against the state on all but one count and consequently the lawsuit’s status had been moribund since 1998. [USA Today, 4/11/2003] But in March, Utah made an amendment to its complaint, thus reopening the case and providing the Bush administration with an opportunity to make a “settlement.” Environmental groups say the settlement is the outcome of a deal made between Interior Secretary Gale Norton and Utah Governor Mike Leavitt behind closed-doors. [USA Today, 4/11/2003; Salt Lake Tribune, 4/20/2003; Salt Lake Tribune, 5/6/2003; Salt Lake Tribune, 6/18/2003; Wilderness Society, 4/28/2004] In addition to the settlement, the Bush administration stops congressional reviews of Western lands for wilderness protection, capping wilderness designation at 22.8 million acres nationwide. [USA Today, 4/11/2003]

Entity Tags: US Congress, US Department of Interior, Mike Leavitt, Bush administration (43), Gale A. Norton

Timeline Tags: US Environmental Record

The House of Representatives passes the Healthy Forests Restoration Act of 2003 by a vote of 256 to 170 as part of the Bush administration’s “Healthy Forests Initiative.” (see November 27, 2002) (see December 11, 2002). [US Department of the Interior, 5/30/2003] The legislation, introduced by Rep. Scott McInnis, relaxes requirements for the removal of small underbrush and trees on 20 million acres of forestland vulnerable to wildfires. The bill, dubbed the “‘Healthy Stealthy’ Act” by critics, removes important environmental safeguards and reduces public participation and judicial review, [Reuters, 5/22/2003] facilitating the timber industry’s access to 192 million acres. The measure also increases the industry’s subsidies by $125 million. [Alternet, 5/19/2003]

Entity Tags: Scott McInnis, Bush administration (43)

Timeline Tags: US Environmental Record

President George Bush names Utah Governor Mike Leavitt as administrator of the Environmental Protection Agency (EPA), replacing Christie Todd Whitman who resigned in June. [US President, 8/18/2003] Leavitt was at the center of a controversy a couple of months ago for a back-room deal he made with Interior Secretary Gale Norton to suspend wilderness studies on millions of acres of Utah lands (see April 11, 2003). He supports replacing mandatory pollution controls with voluntary compliance programs for polluting industries and is a strong backer of the administration’s policy of shifting environmental regulation to the states. [Washington Times, 8/12/2003] During his term as governor, US Magnesium, a magnesium-processing company on the western side of the Great Salt Lake, earned the place as the nation’s worst polluter. Leavitt says that he and Bush “have a like mind and a like heart” on environmental policy. [Salt Lake Tribune, 8/12/2003] Environmentalists condemn the nomination noting that aside from Leavitt’s strong opposition to a plan to store nuclear waste on a Utah Indian reservation, the governor has a very poor environmental record. “Mike Leavitt has no credentials, no understanding and no political willpower to protect America’s clean air, clean water and clean land,” Marc Clemens, chapter coordinator for the Utah Sierra Club, tells the Salt Lake Tribune. [Salt Lake Tribune, 8/12/2003]

Entity Tags: Mike Leavitt, Environmental Protection Agency, George W. Bush

Timeline Tags: US Environmental Record

The US Fish and Wildlife Service proposes a “new interpretation” of the Endangered Species Act (ESA) which would facilitate the importation of endangered species to the United States and permit hunters, circuses and the pet industry to kill, capture and import them. [Washington Post, 10/11/2003; Defenders of Wildlife, 6/25/2004] The current interpretation of Section 10 of the ESA sanctions the importing of an endangered animal only under the condition that its relocation to the US would improve its chances for survival, such as captive breeding programs and similar projects aimed at preserving the species. But the Bush administration’s proposed change would allow the pet industry, circuses, and even hunters to capture and import endangered species. [Defenders of Wildlife, 10/17/2003; Defenders of Wildlife, 6/25/2004] The Bush administration claims that its proposed policy—which would help satisfy the huge US demand for live animals, skins, parts and trophies—would be “sustainable” because it would require developing countries that export the endangered animals to use the resulting revenue to fund conservation efforts. [Washington Post, 10/11/2003] The proposed reinterpretation is condemned by environmental and wildlife advocacy groups, newspaper editorial boards, and members of Congress from both parties. Supporters of the change include the zoo, circus, and trophy hunting industries. [Washington Post, 10/11/2003; Defenders of Wildlife, 6/25/2004]

Entity Tags: US Fish and Wildlife Service, Bush administration (43)

Timeline Tags: US Environmental Record

Interior Secretary Gale Norton signs a legal opinion by Deputy Solicitor Roderick Walston reversing the interpretation of the agency’s previous solicitor-general, John Leshy, who had ruled in 1996 that the 1872 Mining Law limits each 20-acre mining claim on federal land to a single five-acre waste site. As a result of Norton’s decision, mining companies will be permitted to dump unlimited amounts of toxic waste on public lands, threatening surrounding waterways, wildlife, and the health of local human populations. The Bush administration and the mining industry have argued that the Clinton-era opinion caused a significant reduction in US minerals exploration, mine development and mining jobs since 1997. “It created an atmosphere of uncertainty and when you are making investments of hundreds of millions of dollars, uncertainty is not something you want to face,” explains Assistant Interior Secretary Rebecca Watson. “We anticipate we will now see more development and exploration for mining.” The decision was praised by the mining industry. “This is good news,L Russ Fields, executive director of the Nevada Mining Association. “The old opinion did create a lot of uncertainty for our industry.” [Associated Press, 10/10/2003]

Entity Tags: Bush administration (43), Gale A. Norton, John Leshy, Roderick Walston

Timeline Tags: US Environmental Record

The National Cancer Institute publishes a study demonstrating that 25,000 workers exposed to formaldehyde had an increased risk of leukemia. The EPA will ignore the results of this study when it creates a new federal rule regulating formaldehyde emissions in February 2004 (see September 2002). [Los Angeles Times, 5/21/2004]

Entity Tags: National Cancer Institute, Environmental Protection Agency

Timeline Tags: US Environmental Record

The US Fish and Wildlife Service accepts the blame for a government policy that resulted in the largest fish kill in history. The US Fish and Wildlife Service admits that its decision (see April 2002) to authorize a water diversion in the Upper Klamath Basin for the benefit of commercial agriculture, trapped migrating Chinook, Coho salmon, and other species in stagnant water, killing some 33,000 fish (see September 2002). [US Fish and Wildlife Service, 11/7/2003 pdf file; San Francisco Chronicle, 11/19/2003]

Entity Tags: Bush administration (43), US Fish and Wildlife Service

Timeline Tags: US Environmental Record

US Forest Service officials remove Michael Gertsch, a Forest Service wildlife biologist since 1976, from a team of scientists working on an amendment to the 2001 Nevada Forest Plan after he repeatedly complains that the agency is misrepresenting the impact of forest fires on owl populations, which are dependent on old stands of trees. “I fought and fought and fought and fought and finally they used some excuse and removed me from the team,” he later tells the Associated Press. [Associated Press, 8/6/2004]

Entity Tags: US Forest Service, Michael Gertsch

Timeline Tags: US Environmental Record

President Bush signs into law the “Healthy Forest Restoration Act,” (see May 21, 2003) aimed at reducing environmental and judicial review of forest-thinning fire-prevention programs in national forests. The law—modeled on President Bush’s “Healthy Forest Initiative”—almost doubles the federal budget for forest-thinning projects to $760 million. [White House, 12/3/2003; Associated Press, 12/4/2003; Los Angeles Times, 12/4/2003] The bill axes a requirement that any proposed US Forest Service (USFS) program that may adversely affect endangered plants or animals be reviewed by the Fish and Wildlife Service or the National Marine Fisheries Service. Under the new law, reviews will instead be performed by USFS biologists or other land-management agencies. Marty Hayden, legislative director for Earthjustice, says the measure removes important checks and balances. “The conflict of interest is that the agency whose top job is to do the logging will make this decision, rather than the agency whose top job is to protect threatened or endangered species,” he explains. [Los Angeles Times, 12/4/2003] Critics of the bill argue that it will make it easier for timber companies to log large fire-resistant trees in remote parts of the forest and ignore the needs of at-risk communities who need help clearing flammable brush from the immediate areas surrounding their homes and property. Sean Cosgrove, a forest expert with the Sierra Club, tells CNN: “The timber industry fought real hard for this bill for a reason and it’s not because they want to remove brush and chaparral. Through and through this thing is about increasing commercial logging with less environmental oversight.” Overall, critics say, the law reduces environmental review, limits citizen appeals, pressures judges to quickly handle legal challenges to logging plans, and facilitates access for logging companies to America’s 20 million acres of federal forests. [Associated Press, 12/3/2003; Natural Resources Defense Council, 12/3/2003; Associated Press, 12/4/2003]

Entity Tags: George W. Bush, US Forest Service, Bush administration (43)

Timeline Tags: US Environmental Record

The National Institute of Occupational Safety and Health completes a study of 10,000 workers who have been exposed to formaldehyde and find that they have an increased risk of leukemia. Though not published until March, it is posted on the institute’s website in early 2004. The EPA does not consider the results of this study when it creates a new federal rule for regulating formaldehyde emissions in February 2004 (see September 2002). [Los Angeles Times, 5/21/2004]

Entity Tags: Environmental Protection Agency, National Institute for Occupational Safety and Health (NIOSH)

Timeline Tags: US Environmental Record

According to a memo authored by Forest Service Chief Dale Bosworth, an “Intermountain Region Director’s Round Table Discussion” takes place on this date to consider plans to eliminate outside agency reviews of US Forest Service activities that are unrelated to what Bosworth has described as the “four threats”—fire risk, invasive species, un-managed recreation and loss of open space. The measure would end the practices of (1) consulting the US Fish and Wildlife Service and NOAA-Fisheries on the effects of land management activities on inland aquatic species; (2) conducting environmental analyses of herbicide applications that are ostensibly done to control invasive plants; and (3) allowing state agencies to review US Forest Service activities that may affect historical and cultural artifacts as required by the Historic Preservation Act. [USDA Forest Service, 1/14/2004 pdf file; PEER, 3/18/2004]

Entity Tags: Dale Bosworth, Bush administration (43), US Forest Service

Timeline Tags: US Environmental Record

Interior Secretary Gale Norton says her department intends to increase the number of permits granted each year for gas drilling on public lands in Wyoming’s Powder River Basin from 1,000 to 3,000 and “streamline” the permit review process. The decision is a response to complaints by energy companies that the review process for drilling permits on federal property is three times as long as that for drilling on private and state-owned lands. Critics warn that the quicker permit approval process will come at the expense of thorough environmental impact assessments. Drilling for gas wells in the northeastern Wyoming basin requires pumping groundwater to release the natural gas trapped in coal seams. This often causes the wells of local residents to run dry. [Associated Press, 1/22/2004]

Entity Tags: US Department of Interior, Bush administration (43), Gale A. Norton

Timeline Tags: US Environmental Record

The Environmental Protection Agency (EPA) meets its February 27, 2004 deadline to come up with a new federal rule regulating formaldehyde emissions. Ignoring the opinion of experts, the EPA did not take into account the findings of two recent studies (see November 2003) (see Early 2004) that had found that workers who were exposed to formaldehyde were at an elevated risk of leukemia. The EPA said it did not have time to incorporate the two findings before the deadline. Though extensions for such deadlines are often given, the agency did not request one. Instead, the EPA relied on a cancer risk assessment by the Chemical Industry Institute of Toxicology, a private, nonprofit research organization, funded primarily by chemical companies. That assessment was about 10,000 times weaker than the level previously used by the EPA in setting standards for formaldehyde exposure. The new federal rule is modeled on a proposal that had been designed by a lobbyist for the wood products industry (see January 14, 2002). It creates a new category of “low-risk” plants, which gives the agency the authority to decide on a plant-by-plant basis which facilities pose a risk to public health. It initially exempts eight wood products plants from having to install pollution controls for formaldehyde and other emissions, but could eventually extend the exemptions to 147 or more of the 223 facilities nationwide. The exemption allows qualifying plants to legally skirt pollution-control requirements that had been mandated by a 1990 amendment to the Clean Air Act requiring all large industrial plants to use “best available” technology in order to reduce emissions of 189 substances. Though backers of the new rule claim that it does not violate the amendment, the lawmakers who wrote the legislation disagree. “I don’t have any doubt but that is a way to get around the policy which we worked hard to achieve,” former Sen. David F. Durenberger (R-Minn.) will tell the Los Angeles Times in May. Rep. Henry A. Waxman (D-Los Angeles) similarly says the exemption is “directly contrary to our intent.” The new rule will save the industry as much as $66 million annually for about 10 years in potential emission control costs. [Los Angeles Times, 5/21/2004]

Entity Tags: Bush administration (43), David F. Durenberger, Environmental Protection Agency, Henry A. Waxman

Timeline Tags: US Environmental Record

The Bureau of Land Management (BLM) auctions off oil and gas leases for 14 parcels of federal land located near Dinosaur Monument in Colorado and Utah. The leases—totaling some 5,000 acres—include areas that were previously identified by the agency as having wilderness quality but which lost their protected status as part of a settlement between the state of Utah and the BLM (see April 11, 2003). A number of the leases—some selling for as little as $5 per acre—are purchased by contributors to President Bush’s 2004 reelection campaign. [Salt Lake Tribune, 2/14/2004; Washington Post, 3/1/2004] According to the Environmental Working Group, the area includes seven Mexican spotted owl habitats, 12 golden eagle habitats and four peregrine falcon habitats. [Washington Post, 3/1/2004; Environmental Working Group, 12/31/2005]

Entity Tags: Bush administration (43), Kathleen Clarke

Timeline Tags: US Environmental Record

The US Forest Service reverses its ban on poisoning prairie dogs on five national grasslands in South Dakota, North Dakota, Nebraska, and Wyoming. The measure is a response to complaints from the livestock industry that prairie dog populations are spreading from federal lands onto private property, ruining grazing land, causing erosion and damaging roads. Critics of the decision to lift the ban note that in 2000, the US Fish and Wildlife Service had concluded that prairie dogs should be listed as a threatened species. [Associated Press, 2/14/2004]

Entity Tags: George W. Bush, US Forest Service

Timeline Tags: US Environmental Record

The US Fish and Wildlife Service releases an economic analysis on bull trout recovery titled, “Draft Economic Analysis of Critical Habitat Designation for the Bull Trout.” The study—written by Bioeconomics Inc. of Missoula, Montana—had been commissioned by the US Fish and Wildlife Service to serve as the basis for cost-benefit analysis. Once approved, Interior Secretary Gale Norton will use the data from the report to determine whether the costs of bull trout recovery outweigh the benefits. The report estimates that protecting bull trout and its habitat in the Columbia and Klamath river basins would cost between $230 and $300 million over the next ten years. But missing from the published version of the report is a 55-page section demonstrating $215 million in quantifiable economic benefits. The section had concluded that a healthy bull trout fishery would result in increased revenue from fishing fees, reduced drinking water costs and increased water for irrigation farmers. It also included discussion of other benefits not easily quantified in monetary terms. For example, it discussed the positive effects recovery would have on other trout species, in-stream flows and water quality in lakes and streams. Additionally, the missing section noted that there was a “number of published studies have demonstrated that the public holds values for endangered and threatened fish species separate and distinct from any expected direct use of the species.” According to Diane Katzenberger, an information officer in the Fish and Wildlife Service’s Denver office, the decision to discard the section was made in Washington. “It did not come out of Denver or Portland,” she explains. But Katzenberger nonetheless defends the decision claiming that it is difficult to assign “a dollar value to a biological benefit.” She further explains that while it is possible to estimate the costs of consultation and of road upgrades and culvert replacements, “We don’t know the dollar value of biological benefits. And no matter what, it would be a comparison of apples to oranges.” [Missoulian, 4/15/2004; Ravalli Republic, 4/16/2004; Washington Post, 4/17/2004] Chris Nolin, chief of the division of conservation and classification at the Fish and Wildlife Service, dismissed criticisms that the decision to delete the section was based on politics. “OMB uses very strict methodology” he says, adding that the OMB has “told us repeatedly in the past to remove this kind of analysis” from public reports. But as The Washington Post notes: “The federal government, however, often publicizes analyses of the benefits of Bush administration proposals for environmental clean-up. The Environmental Protection Agency, for example, found $113 billion in benefits over 10 years from provisions of the administration’s 2003 Clear Skies Act.” [Washington Post, 4/17/2004]

Entity Tags: Office of Management and Budget, Environmental Protection Agency, US Fish and Wildlife Service, Bush administration (43), Chris Nolin, Diane Katzenberger

Timeline Tags: US Environmental Record

The US Fish and Wildlife Service acknowledges that the Pacific fisher, a rare relative of weasels, otters and minks, is at risk of extinction and warrants federal protection, but says that the agency lacks the funds needed to adequately protect the species. The Fish and Wildlife Service says it will make the animal a candidate for listing as threatened or endangered under the Endangered Species Act. The Pacific fisher’s status will be reviewed annually until it is either added to the list or until the species’ population recovers to a level that no longer warrants federal protection. Critics complain that not only is the federal government failing in its obligation to protect endangered species, but it is pursuing policies that damage its habitat, such as the Bush administration’s forest preservation policies that encourage increased logging (see December 3, 2003). [Associated Press, 4/9/2004]

Entity Tags: Bush administration (43), US Fish and Wildlife Service

Timeline Tags: US Environmental Record

Federal officials confirm that the Bush administration plans to begin using the population statistics of hatchery-bred fish when considering whether stream-bred wild salmon are entitled to protections under the Endangered Species Act (ESA). The new policy rests on five major points: (1) The genetic resources for protecting salmon populations are present in both hatchery-bred and wild fish; (2) Hatchery-bred fish that are “no more than moderately divergent” genetically from wild fish will be included in the same group known as an Evolutionarily Significant Unit, or ESU; (3) Decisions on whether to protect a specific ESU will be based on the entire population; and (4) ESA protection will be based on abundance, productivity, geographic distribution and genetic diversity. [Associated Press, 4/28/2004; Washington Post, 4/29/2004] This proposal ignores warnings from six of the world’s leading experts on salmon ecology who recently argued in the journal Science that hatchery-bred fish are not as fit as those hatched in the wild and should not be relied upon to protect wild salmon populations. [Science Magazine, 3/26/2004, pp. 1980; Washington Post, 4/29/2004] The scientists had been part of a panel formed at the request of the administration to determine whether or not there are significant differences between hatchery-bred and wild fish. When the panel concluded that hatchery fish are larger and genetically inferior to wild fish and that they should not be counted upon to help wild salmon populations, the scientists were told that their conclusions were inappropriate for official government reports. [Associated Press, 4/28/2004; Washington Post, 4/29/2004; Seattle Post-Intelligencer, 4/30/2004; Sacramento Bee, 5/2/2004; News Tribune, 5/4/2004] One of the panel’s scientists, biologist Ransom Myers of Dalhousie University in Halifax, Nova Scotia, says of the administration’s response to their work, “Any science that contradicted them was not welcome.” Justifying the panel’s conclusions, he explains, “[Y]ou can’t replace wild salmon with hatchery salmon. It’s like saying Chihuahuas and wolves are the same.” Robert Paine, a biologist at the University of Washington, who also served on the panel, notes: “The current political and legal wrangling is a sideshow to the real issues. The science is clear and unambiguous—as they are currently operated, hatcheries and hatchery fish cannot protect wild stocks.” [Sacramento Bee, 5/2/2004] The agricultural, timber and energy industries strongly support the new policy plan, having long complained about the costs of ecosystem-wide modifications that the ESA requires businesses to make to roads, farms and dams to protect the salmon habitats. [Washington Post, 4/29/2004] Salmon protection policies—described as the most expensive and complex of all the endangered species programs—cost roughly $700 million per year. [Washington Post, 4/29/2004; Sacramento Bee, 5/2/2004; News Tribune, 5/4/2004] Two weeks later, on May 14, the administration will back away from its proposal. [Seattle Post-Intelligencer, 4/30/2004; Columbian, 5/15/2004]

Entity Tags: Bush administration (43)

Timeline Tags: US Environmental Record

Michael Kelly, a federal biologist with the National Oceanic and Atmospheric Administration, resigns complaining that “threatened coho salmon in the Klamath basin still do not have adequate flow conditions to assure their survival” and that his recommendations continue to be politicized by higher-ups. Kelley had previously blown the whistle on the Bureau of Land Management (BLM) after they had twice rejected the recommendations of a team he headed for the National Marine Fisheries Service (see April 2002). The BLM decision to ignore the recommendations led to the death of 33,000 steelhead and federally protected salmon in the Klamath River (see September 2002), the largest fish kill in US history. More recently, Kelly explains, his regional manager, Jim Lecky, has attempted to overide a study he conducted concluding that a levee repair proposed by the California Department of Fish and Game on the 120-acre Eel River Wildlife Area would endanger California Coastal Chinook salmon and adversely impact Dungeness crab, herring, larval rockfish, eelgrass, other salmonids and the overall ecosystem. “[A]ny amount of caution would dictate that this project never be considered,” he says in a resignation letter he will release on May 19. He says the motivation behind the project appears to be concentrating “certain species of ducks into a smaller area for hunting purposes.” Kelly adds that his position is supported by fisheries biologists within the Department of Fish and Game as well as local wetland scientists and ornithologists. He will also say in his letter that there is low morale among the NOAA Fisheries staff in the region and that his colleagues are “embarrassed and disgusted by the agency’s apparent misuse of science.” [PEER, 5/19/2004; Kelly, 5/19/2004; Associated Press, 5/20/2004]

Entity Tags: Jim Lecky, Michael Kelly

Timeline Tags: US Environmental Record

Secretary of Interior Gale Norton resigns. In her resignation letter to President Bush she thanks him and praises him for “great work in the face of hurricanes, record-setting wildfires and droughts, acrimonious litigation, and expanded post 9/11 security responsibilities.” [CNN, 3/10/2006] Norton, who has been criticized by environmental groups for opening public lands up to timber (see December 11, 2002), mining, and oil and gas interests (see April 11, 2003, October 8, 2003, and January 21, 2004), will be hired as a key legal advisor for Royal Dutch Shell PLC in December. [New West, 12/27/2006]

Entity Tags: George W. Bush, Royal Dutch/Shell, Gale A. Norton

Timeline Tags: US Environmental Record

The US Fish and Wildlife Service in Alaska issues a memo to biologists and officials instructing them not to discuss climate change, polar bears, or sea ice unless they are designated to do so, when traveling around the Arctic. The memo, which bears the subject heading “Foreign Travel—New Requirement—Please Review and Comply, Importance: High,” states, “Please be advised that all foreign travel requests (SF 1175 requests) and any future travel requests involving or potentially involving climate change, sea ice, and/or polar bears will also require a memorandum from the regional director to the director indicating who’ll be the official spokesman on the trip and the one responding to questions on these issues, particularly polar bears.” [New York Times, 3/8/2007] The memo forbids the scientists to discuss climate change, polar bears, and sea ice, even if asked. A White House spokesman says the rule about having a single spokesman is merely an attempt to observe “diplomatic protocol,” but Deborah Williams, a former Interior Department official in the Clinton administration who later sees the memo, has a different view. To Williams, the rules sound like an attempt to impose political control over what government scientists can and cannot discuss with their peers. “This sure sounds like a Soviet-style directive to me,” Williams will observe. [Savage, 2007, pp. 107; New York Times, 3/8/2007]

Entity Tags: US Fish and Wildlife Service, Deborah Williams

Timeline Tags: Global Warming, Civil Liberties

Some of the tens of thousands of salmon killed due to the artificial water lowering by the Department of the Interior.Some of the tens of thousands of salmon killed due to the artificial water lowering by the Department of the Interior. [Source: Environmental News Service]The House Natural Resources Committee, led by Nick Rahall (D-WV) and Mike Thompson (D-CA), decides to investigate the role of Vice President Dick Cheney in a 2002 salmon kill (see April 2002) on Northern California’s Klamath River, the largest fish kill in modern Western history (see September 2002). “We know where the smoking gun lays,” says Chris Lawson, a fisherman and president of the Bodega Bay Fisherman’s Marketing Association. No one in Northern California or Oregon (another state affected by the fish kill) knew of Cheney’s role until a recent story in the Washington Post uncovered Cheney’s successful attempt to subvert both scientific evidence and the Endangered Species Act to allow a water release that drastically lowered the water level in the Klamath. The day the article appears, Thompson and 35 other Democrats call for a hearing by the House Natural Resources Committee, saying in a letter that “[t]he ramifications of that salmon kill are still being felt today as returns to the Klamath River are so low that commercial, sport and tribal fishing seasons have been curtailed for the past three years.” A day later, Rahall agrees. The hearing will be held a month later (see August 1, 2007). In October 2002, Thompson piled 500 pounds of dead coho salmon in front of the Interior Department, accusing that agency of “gross mismanagement” in the wildlife disaster. Now Thompson asks, “We know that science was manipulated and the law was violated. Did in fact the vice president of the United States put pressure on mid-level bureaucrats to alter the science and circumvent the law in order to gain political votes for his re-election or the election of other people in Oregon?” Cheney’s office responds to the hearings by saying it is “disappointing the Democrats would rather investigate than legislate,” and that the Post story is nothing more than “a repackaging of old accusations.” Cheney’s office refuses to say whether Cheney will agree to testify before the committee. The reduced river flow in 2002, says Thompson, “wasn’t about salmon or water, it was about electoral votes in Oregon.” Since the fish kill, the courts have prohibited the diversion of Klamath water for agricultural use once the water levels drop below a critical point. But in the years after the fish kill, the salmon catch has been gravely reduced. Commercial fishing in California and Oregon has suffered a more than 90% drop as recently as 2006; Congressional Democrats say the result has been over $60 million in damage to coastal economies. Only in 2007 have the number of young salmon in the Klamath shown indications that salmon numbers may once again be increasing. [Associated Press, 6/28/2007; Santa Rosa Press-Democrat, 7/9/2007] However, the Klamath salmon are still gravely threatened by rampant fish diseases infesting tens of thousands of juvenile salmon, as well as abnormally high water temperatures and low water levels. [CounterPunch, 7/16/2007]

Entity Tags: Mike Thompson, Bodega Bay Fisherman’s Marketing Association, Chris Lawson, House Natural Resources Committee, Nick Rahall, US Department of the Interior, Washington Post, Endangered Species Act, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record

Representative Nick Rahall.Representative Nick Rahall. [Source: Nick Rahall]The House Natural Resources Committee holds a hearing to investigate the role that Vice President Dick Cheney and other Bush administration officials played in the decision that led to the largest fish kill in modern Western United States history (see Mid-2001 - Early 2002 and June 27-28, 2007). The committee is unable to find conclusive proof that Cheney directly gave the orders that led to the fish kill. A former Interior Department official, Deputy Inspector General Mary Kendall, testifies that Cheney pressured the department to release water in the Klamath River in Northern California, even though the water release would threaten the life cycle of tens of thousands of salmon who live and breed in the river. The water release was to benefit drought-stricken farmers and ranchers in the area. The decision went against the provisions of the Endangered Species Act as well as an overwhelming majority of scientific opinion and the tribal water rights of local Native Americans. Former fisheries biologist Michael Kelly, who worked on the Klamath issue, testifies that he cannot be sure whether Cheney interfered in the situation. “I was aware that President Bush had declared he’d do everything he could to get water to the farms,” Kelly says, and adds that he knew his own superiors were being pressured to speed up assessments and tilt the science to favor the farmers. “I was essentially asked to support a conclusion that made as much sense as 1+1=3,” Kelly says. The biological opinion underlying the plan was “completely bogus and illegal,” he adds. Chairman Nick Rahall (D-WV) calls the Klamath fish kill “a fiasco” and lambasts Cheney and Interior Secretary Dirk Kempthorne for refusing to testify before the committee. “I will not pretend to be surprised [Cheney] declined our invitation,” Rahall says. “But I am obliged to express disappointment at the difficulty we have had in trying to learn the truth and conduct basic oversight over an agency and an administration that have made secrecy and lack of accountability hallmarks of their tenure.” Rahall notes that “[w]hen it comes to political interference and ethical lapses at the department, the Klamath River is just the tip of the iceberg.… I find it difficult to see how we can trust any decision made in an agency that has, time and again, betrayed its own career scientists, repeatedly failed to hold its appointees to ethical standards and so callously disregarded its mission for the sake of political gain.” [Environmental News Service, 8/1/2007]

Entity Tags: Endangered Species Act, Bush administration (43), Dirk Kempthorne, George W. Bush, House Natural Resources Committee, Richard (“Dick”) Cheney, Mary Kendall, US Department of the Interior, Michael Kelly, Nick Rahall

Timeline Tags: US Environmental Record

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