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Ken Salazar’s Mixed Legacy

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 gas leasing in the Arctic.   

Salazar was a key Cabinet official in implementing President Obama’s call for increasing sources of renewable energy. Under his leadership, Interior authorized nearly three dozen solar, wind and geothermal projects on federal public lands, OK’d the controversial Cape Wind facility off the Massachusetts coast, and designated priority zones for expediting construction of solar energy plants and electric transmission lines. But conservation groups have taken issue with a number of these developments, charging that Interior’s push for development of renewable energy and power lines has often come at the expense of wildlife habitat and the wishes of local communities. Some proposed facilities face court challenges.

Interior’s protection of imperiled species – particularly through the U.S. Fish and Wildlife Service’s implementation of the Endangered Species Act – has also run hot and cold over the past four years. During the initial years of the Obama Administration, the overall pace of adding species to the ESA’s protected rolls – which slowed to a crawl in the Bush years – increased only slightly under Salazar’s direction. However, in 2011 FWS entered into a high profile settlement agreement with two prominent conservation groups, pledging to clear more the 250 species from its backlog of candidates that the agency has determined warrant protection as threatened or endangered but have not been listed due to a lack of agency resources. Both final listing decisions as well as proposed listings have increased significantly as a result. On the other side of the coin, Interior embraced Bush’s controversial determination that the ESA has essentially no reach over emissions of greenhouse gases, even though climate change is one of the leading threats to many threatened and endangered species.   

Salazar plans to return to his home state of Colorado, a state with extensive federal lands that Interior’s policies have helped shape. His successor at the Interior Department will inherit a list of massive challenges – and no clear vision from the past four years as to how to tackle them.

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Dan Rohlf | January 17, 2013

Ken Salazar’s Mixed Legacy

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 […]

Thomas McGarity | January 14, 2013

FDA’s New Produce Safety Rules: Somewhat Less Than Meets the Eye

When I teach my environmental law and food safety law students how to go about ascertaining the meaning of implementing regulations, I tell them to start with the sections of the regulations devoted to definitions and exemptions.  Quite frequently the most hard-fought controversies during the rulemaking process through which the agency promulgated the regulations were […]

Ben Somberg | January 11, 2013

CPR Report: Rise in Contract Labor Brings New Worker Safety Threats, Demands New Government Policies in Several Dangerous Industries

Just how accountable is an employer to an employee if the employee is only working for one day? In areas from construction to farm work, warehouse labor to hotel housekeeping, contingent work is growing or already common. Rather than hire permanent, full-time employees directly, many employers hire workers indirectly through 3rd party agencies, or on […]

Dave Owen | January 10, 2013

An Important Stormwater Case — and It’s Not the One You’re Thinking of

Cross-posted from Environmental Law Prof Blog. Last week, a federal district court in Virginia decided an urban stormwater case that may ultimately have far more significance than the Supreme Court’s more widely-watched decision in Los Angeles County Flood Control District v. Natural Resources Defense Council.  The case is Virginia Department of Transportation v. U.S. Environmental Protection Agency, […]

William Buzbee | January 8, 2013

How the LA County Flood Control District MS4 Case SCOTUS Loss is a Win for the Clean Water Act

The Supreme Court ruled today that the 9th Circuit committed a legal error in holding the Los Angeles County Flood Control District liable for violations of its Clean Water Act (CWA) “municipal separate storm sewer system” (or MS4) pollution discharge permit. The suit, Los Angeles County Flood Control District v. Natural Resources Defense Council, had been […]

Aimee Simpson | January 8, 2013

EPA on the Right Track for Addressing Endocrine-Disrupting Chemicals, but Should be Wary of Potential Detours

A year ago this month, CPR published a white paper that laid out a two-phased action plan for federal agencies to take some critical steps toward protecting the public from Bisphenol-A (BPA). The report provided both short-term and long-term action items for the EPA, FDA, and OSHA that could establish stronger safeguards, risk assessment practices, […]

Robert Verchick | January 4, 2013

The Long Goodbye: On Seeing the Sundarban Islands

The Ganges River begins at the foot of the Gangotri Glacier in the Himalayas and culminates at the Sundarbans Delta, a massive sprawl of swamps, lakes, and scores of islands. (Find an earlier post on the Ganges here.) It’s the largest river delta in the world—home to endangered Bengal tigers, miles of mangroves, and nearly […]

Matthew Freeman | December 27, 2012

Using Executive Orders to Move the Agenda

CPR’s Rena Steinzor and Amy Sinden have an op-ed in this morning’s Baltimore Sun urging President Obama to make aggressive use of Executive Orders leading to regulation action to protect health, safety and the environment.  They write: Barack Obama‘s ambitions are clear. He came to office in 2009 on the strength of a far-reaching, progressive […]

Daniel Farber | December 21, 2012

D.C. Circuit Denies Rehearing in Endangerment Case

Cross-posted from Legal Planet. Six months ago, the D.C. Circuit upheld EPA’s finding that greenhouse gases endanger human health and welfare, triggering coverage under the Clean Air Act.  On Thursday, the full court denied rehearing to the three-judge panel’s decision.  There were only two dissents, which obviously were hoping to set the stage for a cert. petition […]