The Bush administration is in the process of weakening or abandoning a number of protections, including forest protection, clean air and water standards, and wetlands protections. OMB Watch provides a list of safeguards in limbo. Clean Air Protections for Aging Power Plants. EPA issued a proposed rule on Nov. 22, 2002, that would expand the definition of “routine maintenance” -- which is exempt from NSR -- allowing older facilities to make more extensive upgrades without having to install new anti-pollution equipment required of a “new source.” In writing the Clean Air Act, Congress exempted older plants from compliance with new emissions standards because it was generally thought they would be phased out -- an assumption that turned out to be wrong. Yet instead of pushing these plants to clean up their act, the Bush administration seems intent on giving them a permanent free pass. Forest Protection. Two days before Thanksgiving, the Forest Service issued a proposal that guts protections for forest wildlife and ecology, and eliminates requirements under the National Environmental Policy Act (NEPA), which demands environmental assessments and impact statements for logging projects. In early January, the Forest Service followed up with another proposed rule that would grant an exemption to NEPA for certain small timber sales, provided that the project area poses a risk of wildfire or contains insect-infested or diseased trees. Roadless Rule. On December 12, a federal appeals court in California reinstated a Clinton-era rule that protects nearly 60 million acres of national forests from logging and road construction. The decision lifts an injunction issued by a federal judge in Idaho, who in May of 2001, found the rule would cause “irreparable harm” to the timber industry. The Bush administration declined to appeal this ruling, and in fact, seemed to embrace it. However, a coalition of environmental groups, led by Earthjustice, intervened and won a strong rebuke to the injunction. Wetlands Protection.The Bush administration unveiled plans on January 15 that would withdraw federal protection for as much as 20 million acres of wetlands, such as marshes, swamps and bogs. This decision comes in response to a highly contentious 5-4 ruling by the Supreme Court (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers) in January 2001, which determined that the Clean Water Act (CWA) covers only "navigable waters," and cannot be applied to isolated, non-navigable ponds and wetlands in a single state that have been protected only because of the presence of migratory birds. On January 14 the Army Corps of Engineers announced changes to several wetlands rules that will make it easier for developers, mining companies and others to qualify for general permits to dredge and fill wetlands, according to the Washington Post. This action comes on the heels of an October 2001 decision in which the Army Corps of Engineers issued a policy that allows developers to offset losses of wetlands on one site by protecting wetlands, or even dry land, elsewhere. This move came even after a National Academy of Sciences report found that the Corps' mitigation policy was not providing for "no net loss" of wetlands. Total Maximum Daily Loads (TMDL) Program. On Dec. 20, 2002, EPA proposed to withdraw a July 2000 rule that revised its TMDL program under the Clean Water Act. The rule would have strengthened the program, requiring the cleanup of thousands of polluted lakes, rivers, and streams. The Bush administration originally suspended the 2000 rule while it contemplated its decision. Snowmobiling in Yellowstone. The Bush Dept. of Interior refused to defend a Clinton-era ban on snowmobiling in Yellowstone and Grand Teton national parks. Instead, Interior reached a court settlement with snowmobile manufacturers, who brought suit against the Clinton rule, agreeing to revisit the rule. Interior published a final rule in the Federal Register on Nov. 18, 2002, suspending the ban, a month before the first phaseouts under the Clinton rule were due to begin and before the official start of snowmobiling season.