Legal Crosswalk: Endangered Species, GHGs

Law360, New York (March 19, 2009, 12:00 AM EDT) -- Congress has granted the Obama administration authority to withdraw, without public comment, two controversial Bush-era rules covering the intersection between endangered species and greenhouse gas (GHG) emissions. With the ball in his court, President Obama now faces a difficult decision — to withdraw or not to withdraw the rules.

He can satisfy the environmental community by pulling the rules. He can honor his commitment to open government by opening the question of withdrawal to public notice and comment. As yet another alternative, he can disappoint some...
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