This posting is reprinted, by permission from Legal Planet.
The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of US endangered species under a predecessor to the current Endangered Species Act. Its population rebounded after DDT was banned in 1972. By 1985, the pelican had recovered enough to justify delisting along the Atlantic coast. Now the Service has determined that populations are also stable off the Gulf and Pacific Coasts, such that the species as a whole no longer needs the protection of the ESA. Lest that judgment be wrong, the Act requires that the Service monitor the pelican’s st
atus for at least five years after delisting.
The success of the ESA should never be measured by the number of species delisted. Many species will need perpetual protection against ongoing threats, and often the ESA is the only law that can provide that protection. But it is truly grounds for celebration when we can identify and control key threats sufficiently to have confidence that an iconic species like the brown pelican can once again thrive on our coasts without special protection.
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Holly Doremus | December 12, 2009
This posting is reprinted, by permission from Legal Planet. The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of […]
James Goodwin | December 12, 2009
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Daniel Farber | December 12, 2009
Cross-posted from Legal Planet. Cost-benefit analysis has become a ubiquitous part of regulation, enforced by the Office of Management and Budget. A weak cost-benefit analysis means that the regulation gets kicked back to the agency. Yet there is no statute that provides for this; it’s entirely a matter of Presidential dictate. And reliance on cost-benefit […]
Holly Doremus | December 12, 2009
This posting is reprinted, by permission from Legal Planet. The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of […]
Rena Steinzor | December 12, 2009
This post was written by CPR President Rena Steinzor and CPR Policy Analyst Michael Patoka. On Friday, the White House Office of Information and Regulatory Affairs (OIRA) returned a proposed rule on air pollution standards for oil refineries to EPA, insisting that the agency complete “additional analysis” before moving forward. EPA’s efforts to reduce hazardous pollutants from these […]
Rena Steinzor | December 11, 2009
Dear Cass: As you know, we picked a spat with the Office of Information and Regulatory Affairs (OIRA) last week over Randy Lutter’s supposedly temporary detail appointment to your office. It’s not the first time we’ve criticized the workings of OIRA, and almost certainly won’t be the last. I’ve spoken to a number of people in […]
David Hunter | December 11, 2009
As the first week of formal negotiations at the Copenhagen Climate Summit comes to a close, the United States and China are exchanging barbs and little progress is being made … but behind the scene many negotiators remain confident that at least some form of a political agreement can be reached that will move global […]
Ben Somberg | December 10, 2009
The below item is written by Celeste Monforton and cross-posted from The Pump Handle. The first regulatory agenda under OIRA chief Cass Sunstein was published Monday in the Federal Register (link to its 237 pages.) The document includes a narrative of Labor Secretary Solis’ vision for worker health and safety, mentioning these specific hazards: crystalline silica, […]
Ben Somberg | December 9, 2009
A few notes on the Chinese drywall issue from the past weeks: The CPSC announced that it was expanding its investigation to include some American-made drywall, following some reports of similar problems — bad odors and pipe corrosion. But meanwhile, the Bradenton Herald asked “Is scope of Chinese drywall problem exaggerated?” Reporter Duane Marsteller notes […]