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Water

We've Got One Week Left to Stop One of Bush's Worst Environmental Attacks

By George Lakoff and Chris Shutes, AlterNet. Posted September 8, 2008.


A simple redefinition of terms will destroy the Endangered Species Act in less than a week if we don't act now.
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The Endangered Species Act is our primary legal tool for environmental protection.

We have until September 15-about a week-to save the Endangered Species Act.

Not just some species, but the Act itself! Bush administration officials are proposing redefinitions of terms that would allow conservative appointees in federal agencies to virtually the destroy the Act.

Their goal is to allow proposed projects to proceed even if such projects would kill off endangered species or place them or their habitats in jeopardy.

If the changes are not effectively challenged by September 15, they will go into effect, and, Goodbye Species!

Act now: Go to the end of this article for instructions. We need the public to flood the agencies involved with comments opposing the redefinitions and rule changes.

When the Cat's Away

While our attention has been turned elsewhere, the Endangered Species Act, our major environmental protection legislation, is being gutted-now.

Not by Congress. Not by the courts. Not even by Bush's executive orders. It is being destroyed by redefinition, by a series of linguistic tricks.

Causation, within an ecological system, is almost always systemic in nature. That is, there are disparate contributing causes with disparate contributed effects in various places at different times. Direct causation is rare. Direct causation occurs when there is a single act at a given time and place that results in a single effect at that time and place. For example, a species of frog limited to a local wetland could be completely wiped out by a condo development with that wetland filled in. Direct causation.

But frogs around the country are dying out due to a complex combination of factors in different places at different times. Systemic causation.

Progressives and conservatives tend to think differently about causation. Conservatives, who think in terms of individual not social responsibility, tend to think in terms of direct causation-what an individual does. Progressives, who think in terms of social as well as individual responsibility, tend to think in terms of systemic causation. For example, if you ask what the causes of unemployment are, conservatives will tend to say people who aren't willing to do hard work, or willing to get the skills they need. Progressives will talk first about social causes: lack of education, lack of opportunities to acquire needed skills, corporate greed or insensitivity, and so on.

The present Endangered Species Act is realistic about systemic causation: disparate causes that contribute to disparate future effects count as "causation." But imagine what would happen if "causation" were redefined to mean only direct causation. Development projects now forbidden because they contribute significantly to future disparate loss of species and species habitat would now be allowed. Lots and lots of disparate projects at disparate places and times would be allowed. Their collective systemic effects could wipe out a great many habitats and species.

This is exactly what is being proposed by the Departments of the Interior and Commerce, as published in the Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Proposed Rules. They want to redefine causation so that only direct causation (they call it "an essential cause") counts as causation that jeopardizes the existence of a species listed under the Endangered Species act, or jeopardizes that species' critical habitat.

The effect is that proposed development projects can contribute significantly to the destruction of habitat and the extinction of species, provided that they do not directly cause the elimination of a species, or directly reduce the population of a species or extent of its habitat-something that rarely happens. The result is that almost all proposed developments that were previously understood as "causes" of habitat destruction or species extinction will no longer be seen as "causes" at all and will be permitted. The reason will be that "cause" itself will have been redefined.

Consultation


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See more stories tagged with: bush, endangered species act, polar bears

George Lakoff is Richard and Rhoda Goldman Professor of Cognitive Science and Linguistics at the University of California at Berkeley and author of The Political Mind: Why You Can't Understand 21st Century Politics With an18th Century Brain. Chris Shutes works for the California Sportfishing Protection Alliance.

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View:
Here's the direct link to the comment page:
Posted by: SbgBJ on Sep 9, 2008 3:18 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
(courtesy of the Monterey Bay Aquarium's Action Alert):

http://www.regulations.gov/fdmspublic/component/
main?main=SubmitComment&o=09000064806c5826

FYI, here are some of my comments:

For the last 35 years the ESA has been a strong safeguard for many wildlife species that millions of Americans care deeply about.

Like me, the majority of Americans want our environment and native flora and fauna protected for generations to come -- but those who cobbled this destructive pile of double-speak together clearly could care less about the will of the people or about the crucial ecological balancing act that makes our very existence possible.

The proposed self-evaluation by agencies intends to willfully compromise species protection and fails to adequately address cumulative project impacts. Under the new proposal, government agencies could evaluate for themselves the potential impacts of their projects - even when their overworked staff lacks the necessary knowledge of the endangered wildlife that would be affected.

As another example of just how out of touch with logic and reality these proposed new rules are, see the section explaining that, if an agency allows the death of a plant or animal that is part of a listed species (or, in the beancounter-speak of the ESA, "take"), or the reduction of critical habitat, that it can be punished.

This simplistic viewpoint concludes that the way one avoids "bad things" is through a system of rewards and punishments.

But the foundation of the ESA is not about carrots and sticks or about closing the barn door after the livestock is gone; its concept is NOT to slap wrists AFTER a species loss or habitat reduction!

The ESA's common-sense goal is to benevolently manage species and their vital habitats so that "bad things" -- golly gee, like extinction! -- don't happen in the first place. If a species goes sliding down the slippery slope to extinction, "punishing" some agency might create a small incentive not to screw up in the future, but it is certainly not going bring any species back from its tragic, needless extermination ("coincidentally" through the lucrative business activities of fossil fuel industry pals of the current administration). Talk about the fox guarding the henhouse....

In addition, the woefully simplistic viewpoint expressed by these new rules presupposes that the burden of proof will be upon the Service to show that there has been "take"; in other words, direct causation would have to be shown when perhaps none exists, due to the very complexity of nature itself (& man's willful ignorance about it). If there is a combination of issues, say, that may have contributed to the death of a species, the new rules would make it necessary to show that a specific action resulted in the death of a particular species.

But meanwhile THE SPECIES IN QUESTION WOULD STILL BE GONE, irretrievably torn from the increasingly tattered web of life -- the same one we depend on for our own survival.

The original framers of the Endangered Species Act understood that. Those who would negate its benevolent logic out of ignorant, selfish, last-minute cussedness deserve public condemnation, not acquiescence. (A-ha, but that's precisely why they're trying to do an end-run around the REQUIRED public debate, isn't it!?)

Please do NOT let science-based decision-making and management be jettisoned in favor of muddled meddling by those who irrationally despise our intelligentsia.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

3 comments
Posted by: AsteroidMiner on Sep 9, 2008 9:24 PM   
Current rating: 5    [1 = poor; 5 = excellent]
1. The need for thousands of federal employees in "Services,"
especially scientists, is eliminated by George W. Bush's plan.
This is part of the Republican War on Science and War on
Scientists. In the DOD, incompetent people are being promoted
while competent people are being pushed into retirement. The
Republican War on Science is a religious war, a CRUSADE.
Reference: "The Republican War on Science" by Chris
Mooney, 2005, Basic Books. It has the following URLs:
http://www.waronscience.com/home.php
http://www.chriscmooney.com/
http://www.post-gazette.com/pg/05268/576883.stm
See also:
"Undermining Science, suppression and distortion in the
Bush Administration" by Seth Shulman, 2006

2. "Punishment" of an "Agency" would consist of sending them a
memo. Nothing would actually change. The government
doesn't punish itself.

3. Global Warming is causing 1000 extinctions for every 1
species saved by the Endangered Species Act. Polar bears are as
good as extinct already. Many people do not understand the one
thing that could do the most the soonest to slow global warming.
That one thing is replacing EVERY coal fired power plant on
earth with a 4th generation American technology nuclear power
plant. We need to build 10,000 new nuclear power plants during
the Obama Administration to have the slightest chance of winning
against global warming. If you are against nuclear power, you
are against the Endangered Species Act. Sorry, but nothing else
actually shuts down coal fired power plants.
Reference: "Power to Save the World; The Truth About Nuclear
Energy" by Gwyneth Cravens, 2007 Finally an easy to understand
truthful book about nuclear power.
Reference: "Environmentalists for Nuclear Energy", by B. Comby
English edition, 2001, 345 pp. (soft cover), 38 Euros
TNR Editions, 266 avenue Daumesnil, 75012 Paris, France;
ISBN 2-914190-02-6
order from: http://www.comby.org/livres/livresen.htm
Read a review of this book by the American Health Physics Society at:
http://www.comby.org/media/
articles/articles.in.english/
HealthPhysics-NUC-July2002.htm
www.ecolo.org
Association of Environmentalists For Nuclear Energy [EFN]

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: 3 comments Posted by: opmoc
» James Hansen is no loner. Posted by: JakobFabian01
This is more than incompetence...
Posted by: JakobFabian01 on Sep 10, 2008 6:35 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
...it's sabotage!

Transforming an agency that once applied good science preventively into one that neglects good science and then uses punishment after it fails to prevent harm is a recipe for making this agency a general pain in the neck that does no good for anyone, an agency that will be generally despised. Well, it worked for FEMA, didn't it?

This is, according to Thomas Frank, what radical conservatives want to do to all government agencies - run them so badly that everybody hates them, government weakens and collapses, and all the services that government once provided for everybody become private services, available only for those who can pay.

The environment, unfortunately, is one thing that cannot be privatized. Like it or not, we all share it. Any species that dies out, we all lose.

George Lakoff and Chris Shutes have provided a timely and important report and should be commended. I will send my comment to the EPA directly.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

tragic.
Posted by: veggiegrrrl on Sep 10, 2008 6:50 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
tragic. just another day in the bush white house inching the planet towards "armageddon" so jeeeeeeeezzzzzuuuuusssss can come and save them...they really do want to bring the "rapture," don't they. can someone please shoot these folks...they are beings we don't need on this planet.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: tragic. Posted by: maxpayne
Don't look now but House Democrats are already preparing for more offshore oil drilling.
Posted by: maxpayne on Sep 10, 2008 7:39 AM   
Current rating: 5    [1 = poor; 5 = excellent]
At this rate, the species will be endangered regardless of whether or not the bill is redefined.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

PLEASE AD NEW INFO WITH DETAILS ON HOW TO COMMENT!!!
Posted by: lucky hussein on Sep 10, 2008 7:59 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
1. I went to the webpage above, I searched on 'EB - 18938' I DON"T SEE A LINK FOR 'Make a comment'

2. I went to the link provided by the first poster, but what do I select in the pull-down menu's? Which government agency?

I'm giving up b/c I can't tell what I'm looking at. I need to leave for work now, so I will try again tonight.

People: If you don't follow through with exact instructions to people like me your efforts are for nothing.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» Help is here! Posted by: JakobFabian01
Yes, please provide clearer directions.
Posted by: vmmason on Sep 10, 2008 9:18 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I also tried to follow the directions to comment through the link provided. Using the given title in the search engine at that link produced over 6,000 results-not a helpful filter.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

I posted the following:
Posted by: PaulC on Sep 10, 2008 9:34 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Sweeping changes to the Endangered Species Act under the proposed "Interagency Cooperation Under the Endangered Species Act" rule change, are nonsensical and would ultimately doom the ESA to irrelevance, which appears to be the actual intent.

For example, the document claims the changes are motivated by "the complexities of consultations in the 21st century" without even offering an in-depth analysis of such alleged difficulties, let alone relevant solutions.

The document offers as proof the GAO urging that "the Services and other Federal agencies `resolve disagreements about when consultation is needed.'" Yet the response by this report is to simply remove the requirement for consultation by making it discretionary. Further, it would be at the discretion of the active agency which has a compelling interest in advancing its own agenda, not the service that has actually been charged with the oversight function in the first place. Such changes make a mockery of the GAO suggestion of closer cooperation. Nothing in that GAO quote suggests severing cooperation altogether or, worse, transferring oversight from the relevant service to the potentially antagonistic agency - the classic "fox guarding the hen house".

Again and again the document speaks of reducing the complexity of oversight and decision making in an ever more complex world. Yet is that not counter-indicated? Should not ever more complex problems have as their resolution ever more complex analysis by ever more competent professionals? Instead, what we see in this proposal is the exact opposite - less comprehensive oversight by non-professional ESA managers in entirely different fields.

This contradiction repeats itself in the proposal to replace "indirect effects" exclusively with "direct effects". That is, as ecological systems are becoming more stressed by human encroachment, anthropogenic global warming, invasive species, and so on, this proposal would replace more and more sophisticated analysis of converging stresses on endangered species with entirely the opposite analysis that disregards complexity in favor of simple-minded direct-causal analysis of a single stress in a single location at a single time. This is not science; it is nonsensical.

If one's starting and ending points are the same, to gut ESA, then this proposal is a resounding success. But if one were truly concerned about enforcing the existing law in good faith, faith assumed by the American people when THEY passed ESA as the law of the land, then this unholy proposal should be filed in the circular bin where it belongs.

Thank you for considering my comments.


peace,
Paul

P.S. - I went to www.regulations.gov and searched for "50 CFR Part 402 proposed rule" as instructed and got over 3000 hits. I went down to the fourth entry which had the same title as the document and clicked on the orange bubble "Send a comment or Submission". This gave me the correct document ID and name on the top of a public comment form, so I assume that will work! When done writing, click on "Next" at the bottom to see a summary then click on "Submit" and that's it!

The docket ID is FWS-R9-ES-2008-0093
The document ID is FWS-R9-ES-2008-0093-0001

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Amy Christiansen LVT, R.N. ALASKA
Posted by: aimless on Sep 10, 2008 6:03 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
How else can i send my comments? Either the site that you suggest is over-run with comments (I HOPE this is so) or for whatever reason, I am UNABLE to get the site to open (anti- ESA hackers?)....

What is my next plan here..... is there somewhere we can MAIL (snail mail) comments..... my senator has responded to my letter, and tells me to comment, but not how to do so.

So frustrated here..... any idea's would HELP alot...

in the meantime I keep trying and keep getting more and more discouraged.....

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]