Secretary of Commerce Gary Locke and Secretary of the Interior Ken Salazar announced on April 28, 2009 that the two departments are revoking one of the most notorious Bush administration transgressions against the environment, an eleventh-hour rule that effectively gutted the Endangered Species Act (ESA).

The Bush rule ended scientific consultation procedures that required projects to be reviewed by professional scientists of the U.S. Fish and Wildlife Service or National Marine Fisheries Service. The Bush rule would have let agencies decide for themselves whether or not their projects were harmful to protected species and their habitat. The Department of Transportation, for instance, could have decided on its own whether a highway project should move forward.

"The Bush rules would have allowed agencies with little or no wildlife expertise to make decisions that could mean life or death for animals like the polar bear,” said Carl Pope, Sierra Club Executive Director. “Today's decision restores the important protections for species and their habitats offered by one of our nation's most fundamental environmental laws.”

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The Obama Administration decision requires federal agencies to once again consult with federal wildlife experts at the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration – the two agencies that administer the ESA – before taking any action that may affect threatened or endangered species.

“By rolling back this 11th hour regulation, we are ensuring that threatened and endangered species continue to receive the full protection of the law,” Salazar said. “Because science must serve as the foundation for decisions we make, federal agencies proposing to take actions that might affect threatened and endangered species will once again have to consult with biologists at the two departments.”

“For decades, the Endangered Species Act has protected threatened species and their habitats,” said Commerce Secretary Gary Locke. “Our decision affirms the Administration’s commitment to using sound science to promote conservation and protect the environment.”

In March, President Obama directed the Secretaries to review the previous Administration’s Section 7 regulation of the ESA – which governs interagency consultation – and Congress, in the 2009 Omnibus Appropriations Act, specifically authorized the Secretaries to revoke the regulation. Locke and Salazar said the two departments will conduct a joint review of the 1986 consultation regulations to determine if any improvements should be proposed.

"After eight long years of scandal and ignominy, President Obama and Secretary Salazar have restored integrity to the Department of Interior,” said Sierra Club’s Pope. “They have made developing our nation's abundant clean energy resources--not bowing to partisan political considerations or the wishes of polluters--job number one at the agency."

The Endangered Species Act was signed into law in 1973 to protect imperiled species from extinction, as well as conserve the ecosystems and habitats necessary for their survival.

"Today's announcement once again underscores the Obama administration's commitment to let science and the rule of law--not politics—be its guide,” noted Pope. “This decision caps off 100 days of change that have righted many of the Bush administration's wrongs, while also making a historic down payment on a cleaner planet and more prosperous future.”

National Oceanic and Atmospheric Administration (NOAA) understands and predicts changes in the Earth's environment, from the depths of the ocean to the surface of the sun, and conserves and manages our coastal and marine resources. Visit http://www.noaa.gov

The U.S. Fish and Wildlife Service works to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. It is a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals and commitment to public service. Visit http://www.fws.gov