CPR Archive for Dan Rohlf

Ken Salazar's Mixed Legacy

by Dan Rohlf | January 17, 2013

Secretary of Interior Ken Salazar will leave a decidedly mixed legacy from his four years at the helm of the federal department responsible for protecting many of America’s vast open spaces, treasured parks, and disappearing wildlife. 

Salazar’s Interior Department enjoyed some high-profile successes and on occasion took action to better protect important resources. It reached a multi-billion dollar settlement in the long-running and contentious Cobell litigation, a massive class action suit by Indian tribal members over government mismanagement of revenue from tribal resources. The Department under Salazar established seven new national parks and 10 new wildlife refuges.

But in many areas, while Interior took steps to respond to crises and restore some of the protections for land and wildlife that had languished for nearly a decade, it missed important opportunities to keep pace with twenty-first century threats to natural resources.

Salazar’s record on oil and gas development provides a good example. He angered Republicans and industry officials when he rolled back sweetheart oil and gas leases in Utah issued in the waning months of the Bush Administration. Confronted by the epic Deepwater Horizon spill, Salazar implemented a controversial moratorium on offshore drilling and overhauled the federal agency responsible for managing federal oil and gas leasing and development. On the other hand, Interior reforms ultimately stopped well short of those needed to better prevent future large oil spills, and the Department ramped up both on and offshore oil and ...

Draft ESA Listing Policy Suggests "Museum Piece" Approach to Species Conservation

by Dan Rohlf | December 13, 2011
A draft policy released for comment last week by the U.S. Fish and Wildlife Service and National Marine Fisheries Service took on the challenging question of defining the circumstances under which only a portion of an ailing species may be eligible for federal protection under the Endangered Species Act. Unfortunately, the Services’ proposal continued the agencies’ trend toward restrictively interpreting the ESA’s listing provisions. If finalized, the new policy will likely result in fewer protections for formerly widespread species, such ...

Score: Utah 2, BLM Wilderness Protection 0

by Dan Rohlf | June 03, 2011
Few things in politics are certain, but it’s a safe bet that Barak Obama will not carry the state of Utah in his 2012 re-election bid. But despite its dismal electoral prospects in the state, the Obama Administration knuckled under to pressure from Utah and other western Republicans this week when Secretary of Interior Ken Salazar did an about-face on the Bureau of Land Management’s “Wild Lands” policy. The policy, announced by the Secretary less than six months ago, allowed ...

Tester: Don't Get the (Toxic) Lead Out

by Dan Rohlf | May 10, 2011
In an impressive effort to demonstrate that crafting bad environmental legislation knows no partisan boundaries, Democratic Senator John Tester of  Montana – who recently spearheaded a successful effort to remove wolves from the endangered species list through a budget maneuver – last month introduced legislation to block the Environmental Protection Agency from regulating lead ammunition under the Toxic Substances Control Act (TSCA). Several environmental organizations last year petitioned EPA to mandate the use of non-lead bullets and shot, noting that ...

Vitter and Bishop Bills Aim to Weaken Enforcement of Existing Environmental Protections

by Dan Rohlf | April 08, 2011
A student-run environmental group operating out of a 150-square-foot office at Lewis and Clark Law School in Portland, Oregon has an important lesson to teach congressional Republicans. In 2004, the Northwest Environmental Defense Center – a small group with an annual budget of a few thousand dollars and a single staff member – secured more fines for violations of pollution control laws than the collective efforts of 110 enforcement personnel at the State of Oregon’s Department of Environmental Quality. NEDC ...

The President Muffed it on Salmon

by Dan Rohlf | January 28, 2011
In his State of the Union speech to Congress Tuesday night, President Obama suggested that reducing inefficient federal bureaucracy can help reduce federal spending and promote economic growth. Stretching to find a lighthearted example of government ineptness, the President quipped that “the Interior Department is in charge of salmon while they're in fresh water, but the Commerce Department handles them when they're in saltwater. And I hear it gets even more complicated once they're smoked." This remark may have elicited ...

The "State Sovereignty Wildlife Management Act" is as Ridiculous as it Sounds

by Dan Rohlf | December 07, 2010
Apparently feeling their oats after the Republicans captured control of the U.S. House in November’s elections, several GOP representatives from western states are already galloping out of the gates to attempt to roll back species protections in the West. They’ve initially set their sights on gray wolves in the Northern Rocky Mountains, which were returned to the Endangered Species Act’s protected list by a court decision in August. A leader of the anti-wolf posse is Rep. Rob Bishop of Utah, ...

FWS' Critical Habitat Area Designation for Polar Bears is Good News, but How Much Difference Will it Make?

by Dan Rohlf | November 30, 2010
First the good news: the U.S. Fish and Wildlife Service (FWS) last week designated a huge expanse of barrier islands, denning areas, and sea ice in the Arctic as “critical habitat” for polar bears under the federal Endangered Species Act. The largest such protected area in the ESA’s history, the new critical habitat covers an area larger than the states of Oregon and Washington combined. FWS listed polar bears as “threatened” in 2008, after a petition from environmental organizations and ...

What if MMS Had Followed the Law When Considering the Deepwater Horizon Permit?

by Dan Rohlf | May 19, 2010
As millions of gallons of oil continue to pour into the Gulf of Mexico, the Washington Post and New York Times reported that the Minerals Management Service (MMS) – the agency within the U.S. Department of Interior that oversees offshore oil and gas leasing and development – mostly ignored some of the country’s most important environmental laws when it gave the green light to Deepwater Horizon and other offshore drilling. The Endangered Species Act requires federal agencies to consult with ...

Republicans Senators Target Fee Recoveries in Public Interest Suits Against Federal Agencies

by Dan Rohlf | March 23, 2010
A small group of Senate Republicans – most from conservative western states – have introduced a bill (available via E&E, subs. required) that would require the federal government to annually disclose a list of attorney fee awards it has given to allow public interest plaintiffs to recover expenses when they have successfully challenged decisions of federal agencies. Introduction of the bills was prodded by allegations from Karen Budd-Falen, a Wyoming-based attorney whose firm represents a variety of resource user groups, ...

Senator Inhofe is on the case!

by Dan Rohlf | March 16, 2009
The Associated Press reported last week that the Commerce Department’s inspector general is looking into who leaked a draft of the Bush Administration’s plans to prevent federal agencies from considering the impacts of greenhouse gas emissions on species protected under the Endangered Species Act (ESA). Oklahoma Senator James Inhofe, expressing concern over what he termed “a serious abdication of duty” by the government official or officials who leaked the document to the National Wildlife Federation last summer, called for the ...

Also from Dan Rohlf

Daniel Rohlf is a Professor of Law and Of Counsel, Earthrise Law Center at the Lewis and Clark Law School.

Ken Salazar's Mixed Legacy

Rohlf | Jan 17, 2013 | Environmental Policy

Score: Utah 2, BLM Wilderness Protection 0

Rohlf | Jun 03, 2011 | Environmental Policy

Tester: Don't Get the (Toxic) Lead Out

Rohlf | May 10, 2011 | Food, Drug, Product Safety

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