-Caveat Lector-

http://www.workingforchange.com/article.cfm?ItemID=12458

Passive-aggressive rule
Laura Flanders - WorkingForChange

12.05.01 - John Ashcroft will address the Senate Judiciary Committee this
Thursday. It's unlikely that he'll be questioned on anything other than his
so-called "war on terror." However much heat he gets, it'll be worth it to
the Administration. Terrorism, anthrax and Afghanistan have provided
priceless cover for a rollback of every Justice Department duty the Bush
administration would prefer did not exist.

George W. comes to the White House from an anti-regulatory family. As vice
president, his father did business' bidding as head of a special committee
called the Committee on Regulatory Relief. The committee put scores of
supposedly cumbersome regulations onto the chopping block, and so eviscerated
the enforcement power of agencies like OSHA and the EPA, that obeying laws
like the Clean Air and Clean Water Acts, became virtually a question of
corporate will.

Twenty years later, George junior's colleagues are also using their spell in
government to dismantle government rules, but they've honed their tactics and
they've got a war against terrorism that's pretty convenient.

A month after September 11, the Attorney General announced a "wartime
reorganization" at the Justice Department. "When terrorism threatens our
future, we cannot afford to live in the past," he said. "We must focus on our
core mission and responsibilities, understanding that the department will not
be all things to all people. We cannot do everything we once did, because
lives now depend on us doing a few things very well."

In the name of "reorganizing," Ashcroft said Justice would abandon or reduce
manpower devoted to many of its current responsibilities. Think civil rights
enforcement, think prosecuting those who pollute.

"The war against terrorism is a perfect smoke-screen," Todd True, senior
attorney at Earthjustice, told Working Assets Radio Tuesday.

Relaxing regulatory enforcement when there's a war on sounded so reasonable
apparently, that there's been precious little follow-up by either politicians
or the press. A quick look at the Bush crew's first year in office reveals a
concentrated effort to dismantle hard-won environmental laws that is moving
ahead, war or no war, and with or without Congress. It started on day one.

On Inauguration Day 2001, GW suspended half a dozen directives issued by
President Clinton in his final weeks in office — among them, the long-overdue
reduction in the arsenic content of drinking water. This past October,
Interior Secretary Gale Norton announced the reversal of more Clinton era
regulations, this time involving hard-rock mining for minerals like gold,
copper and lead. Norton's chums claimed that Clinton's rules, which would
have given federal officials the power to block mines likely to cause
"substantial irreparable harm" to water and other natural resources, were
"11th-hour" concoctions. Of course, they'd been in the works for years — for
far too long, in fact.

Where it's been politically awkward to reverse laws by White House fiat, (the
arsenic standard reversal turned out to be a misstep), Norton and Ashcroft
have taken an alternative route to the same end: they've done nothing and let
like-minded industry do the work.

Here's how it works: Ticked-off industries are always suing to reverse
regulations that they think hurt their business. Rather than defend such
legislation, Bush's team has used those lawsuits to weaken Congress's rules
through private settlement talks.

Take the plan to phase out loud, gas-spilling snowmobiles from Yellowstone
National Park. The public overwhelmingly approved the idea, but the
Snowmobile Manufacturers Association did not and sued. The Bush
administration announced this summer that it was going to settle with the
snowmobile-sellers in private rather than defend the Park's protections in
court. In the settlement, Norton's folks agreed to study the harmfulness of
snowmobiles all over again.

"They're using industry-initiated lawsuits to reverse Congressionally-passed
regulations," said True.

Just this week, the Washington Post revealed that Bush's new regulatory czar,
John D. Graham approved inviting a dozen business lobbyists to a closed-door
meeting to "identify and rank" regulations they'd like to repeal or radically
change. The Family and Medical Leave Act and the Davis-Bacon Act's
"prevailing wage" rules were on the list

When Ashcroft takes the stand before the Senate it's probable that none of
this will come up. The subject is the Justice Department's anti-terror
tactics, military tribunals, interrogations, mass detention and the like. The
government must do whatever it takes to wage a war to thwart those who would
destroy American values and American way of life, Ashcroft can be expected to
say.

But what is going at the Justice Department is a reversal of the popular will
on protecting the environment. Ashcroft and Norton's back-room deals
undermine the promise of US democracy no less.

In a different world a Senator would ask on behalf of her voting (not
necessarily her campaign-funder) constituents: "What do you say to those
who've seen the terrorist and he's you, Mr. Attorney General? Where do those
American-loving people sign up?"



© 2001 workingforchange.com


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