Obama’s Ark: Saving Slugs and Flies as Dems’ Regulatory Flood Destroys Jobs

October 6, 2011

Obama’s Democrat Regulators Are Invoking All Kinds of Critters to Justify Their War on American Job Creators

While the Obama administration continues to press ahead with its regulatory onslaught on job creators, the administration is justifying itself on the grounds of protecting all kinds of critters. Recent reports indicated Obama’s Department of Justice is specifically targeting oil and natural gas developers in North Dakota over migratory birds.
And it’s not just in North Dakota. The list of critters cited by Obama administration regulators while they destroy jobs composes a veritable ark: flies, prairie chickens, delta smelt, lizards…the list goes on.
Sadly, this regulatory onslaught from the Obama White House is not surprising for an administration that has repeatedly admitted it doesn’t consider the impact on jobs when formulating new regulations.

BACKGROUND

While the Obama administration continues to press ahead with its regulatory onslaught on job creators, the administration is justifying itself on the grounds of protecting all kinds of critters. Recent reports indicated Obama’s Department of Justice is specifically targeting oil and natural gas developers in North Dakota over migratory birds:

OBAMA ADMINISTRATION SUING NORTH DAKOTA OIL AND GAS DEVELOPERS OVER 28 MIGRATORY BIRDS: “The Obama Administration’s hostility to oil and gas exploration is well known, but last week it took an especially fowl turn. The U.S. Attorney for North Dakota hauled seven oil and natural gas companies into federal court for killing 28 migratory birds that were found dead near oil waste lagoons. You may not be surprised to learn that the Administration isn’t prosecuting wind companies for similar offenses.” (Editorial, “A Bird-Brained Prosecution,” The Wall Street Journal, 9/29/2011)

BUT OBAMA ISN’T PROSECUTING “GREEN” WIND DEVELOPERS WHO KILL 440,000 BIRDS A YEAR: “Absurdity aside, this prosecution is all the more remarkable because the wind industry each year kills not 28 birds, or even a few hundred, but some 440,000, according to estimates by the American Bird Conservancy based on Fish and Wildlife Service data. Guess how many legal actions the Obama Administration has brought against wind turbine operators under the Migratory Bird Treaty Act? As far as we can tell, it’s zero.” (Editorial, “A Bird-Brained Prosecution,” The Wall Street Journal, 9/29/2011)

ENERGY DEVELOPERS SAY OBAMA LAWSUITS “DISCRIMINATORY”:“Continental’s crime was killing one bird ‘the size of a sparrow’ in its oil pits. The charges carry criminal penalties of up to six months in jail. ‘It’s not even a rare bird. There’re jillions of them,’ [Continental CEO Harold Hamm] explains. He says that ‘people in North Dakota are really outraged by these legal actions,’ which he views as ‘completely discriminatory’ because the feds have rarely if ever prosecuted the Obama administration’s beloved wind industry, which kills hundreds of thousands of birds each year.” (Stephen Moore, “How North Dakota Became Saudi Arabia,” The Wall Street Journal, 10/1/2011)

“THIS SHOULDN’T HAPPEN IN AMERICA. … WASHINGTON “IS OUT TO GET US”: “Continental pleaded not guilty to the charges last week in federal court. For Mr. Hamm the whole incident is tantamount to harassment. ‘This shouldn’t happen in America,’ he says. To him the case is further proof that Washington ‘is out to get us.'” (Stephen Moore, “How North Dakota Became Saudi Arabia,” The Wall Street Journal, 10/1/2011)

And it’s not just in North Dakota. The list of critters cited by Obama administration regulators while they destroy jobs composes a veritable ark: flies, prairie chickens, delta smelt, lizards, snails… and the list goes on and on:

THE DELHI SANDS FLY:

OBAMA’S U.S. FISH AND WILDLIFE SERVICE GOING TO BAT FOR THE “DELHI SANDS FLY”—YES, A FLY—DESPITE INTERFERENCE WITH CA LAND DEVELOPMENT: “While it would apply to any species, the legislation is aimed squarely at the Delhi Sands fly. Environmental restrictions in place to protect the fly’s habitat stand in the way of development on 365 acres of land in Colton and Rialto that would otherwise be coveted as prime commercial real estate.” (Ben Goad and Darrell R. Santschi, “Baca Bill Aims to Swat Bothersome Fly,” The Press-Enterprise, 3/21/2010)

THE 3-INCH DELTA SMELT:

OBAMA ADMIN CITED DELTA SMELT TO JUSTIFY DESTROYING INLAND CA AGRICULTURE: “The state’s water emergency is unfolding thanks to the latest mishandling of the Endangered Species Act. Last December, the U.S. Fish and Wildlife Service issued what is known as a ‘biological opinion’ imposing water reductions on the San Joaquin Valley and environs to safeguard the federally protected hypomesus transpacificus, a.k.a., the delta smelt. As a result, tens of billions of gallons of water from mountains east and north of Sacramento have been channelled away from farmers and into the ocean, leaving hundreds of thousands of acres of arable land fallow or scorched.” (Editorial, “California’s Man-Made Drought,” The Wall Street Journal, 9/2/2009)

THE RESULT WAS “DEVASTATING TO THE STATE’S FARM ECONOMY,” AND SOME TOWNS SUFFERED A STAGGERING 40% UNEMPLOYMENT. “The result has already been devastating for the state’s farm economy. In the inland areas affected by the court-ordered water restrictions, the jobless rate has hit 14.3%, with some farming towns like Mendota seeing unemployment numbers near 40%. Statewide, the rate reached 11.6% in July, higher than it has been in 30 years. In August, 50 mayors from the San Joaquin Valley signed a letter asking President Obama to observe the impact of the draconian water rules firsthand.” (Editorial, “California’s Man-Made Drought,” The Wall Street Journal, 9/2/2009)

26 SPECIES OF SLUGS AND SNAILS:

OBAMA OFFICIALS TO CONSIDER WHETHER “TWO DOZEN KINDS OF WESTERN SLUGS AND SNAILS NEED PROTECTION”: “Federal wildlife officials announced Tuesday they’ll spend a year studying whether more than two dozen kinds of western slugs and snails need protection under the Endangered Species Act.” (“26 Slugs, Snails Under Review for Endangered Species,” Oregon Public Broadcasting, 10/4/2011)

TIMBER INDUSTRY WORRIES ABOUT POSSIBLE EFFECTS ON LOGGING: “Forest-Burns represents the timber industry group American Forest Resource Council. She says she’s glad the U.S. Fish and Wildlife Service is settling the question of whether the rare snails and slugs warrant protection. But Forest Burns is worried about possible effects on logging if forest-dependent snails are labeled ‘threatened.'” (“26 Slugs, Snails Under Review for Endangered Species,” Oregon Public Broadcasting, 10/4/2011)

THE DUNES SAGEBRUSH LIZARD:

“FRUSTRATION IS SWELLING AMONG RESIDENTS” IN “ONE OF THE MOST PRODUCTIVE OIL AND NATURAL GAS BASINS IN THE NATION”: “Frustration is swelling among residents and lawmakers in one of the most productive oil and natural gas basins in the nation, and it’s all because federal wildlife managers have proposed endangered species protections for a small lizard.

“Dozens of lawsuits have been filed by environmentalists in recent years seeking to protect hundreds of species. Most get little attention as they work their way through the court system and through the offices of the U.S. Fish and Wildlife Service. …

“From Midland, Texas, to Artesia, N.M., hundreds of people have turned out in recent weeks for town hall gatherings, rallies and public meetings to oppose the listing. The latest rally was planned for Thursday night in Roswell.” (Susan Montoya Bryan, “Small Lizard Sparks Big Debate in NM, Texas,” Associated Press, 4/28/2011)

NEW REGULATIONS “MAY THREATEN WEST TEXAS OIL PRODUCTION,” “COULD SLOW PRODUCTION TO A CRAWL”: “[T]he tiny, sand-dwelling reptile could put a halt to oil and gas exploration and production in parts of West Texas and harm school budgets across the state.

“The federal government has proposed that the lizard, which has all but disappeared from these parts, be listed as an endangered species — a designation that could save it from extinction but slow the pace in one of the nation’s most prolific oil patches.” (Matthew Tresaugue, “Protection for Lizard May Threaten West Texas Oil “Production,” The Houston Chronicle, 5/30/2011)

THE LESSER PRAIRIE CHICKEN:

LISTING CHICKEN “COULD CAUSE MAJOR ECONOMIC PROBLEMS FOR AN AREA OF OKLAHOMA ALREADY HIT HARD BY AN ONGOING DROUGHT AND DWINDLING POPULATION”: “The potential listing of the lesser prairie chicken as an endangered species could cause major economic problems for an area of Oklahoma already hit hard by an ongoing drought and dwindling population, business and industry leaders said Thursday.” (Sean Murphy, “Bird Causes Economic Development Woes in Okla.,” The Houston Chronicle, 9/8/2011)

RATS, EELS AND TORTOISES, OH MY!

OVER 500 SPECIES COULD FALL UNDER ENDANGERED SPECIES ACT PROTECTION: “The Obama administration is taking steps to extend new federal protections to a list of imperiled animals and plants that reads like a manifest for Noah’s Ark — from the melodic golden-winged warbler and slow-moving gopher tortoise, to the slimy American eel and tiny Texas kangaroo rat.

“Compelled by a pair of recent legal settlements, the effort in part targets species that have been mired in bureaucratic limbo even as they inch toward potential extinction. With a Friday deadline to act on more than 700 pending cases, the U.S. Fish and Wildlife Service already has issued decisions advancing more than 500 species toward potential new protections under the Endangered Species Act.” (“From a Texas Rat to the American Eel, Hundreds of Plants, Animals Advance Towards Protections,” Associated Press, 9/29/2011)

WATER SUPPLIES COULD BE FURTHER “STRETCHED THIN”: “It also could set the stage for a new round of disputes pitting conservation against development. In the Southeast, for example, water supplies already stretched thin could be further limited by constraints resulting from a host of new fish, salamanders, turtles and other aquatic creatures eligible for protections.” (“From a Texas Rat to the American Eel, Hundreds of Plants, Animals Advance Towards Protections,” Associated Press, 9/29/2011)

SURPRISE, SURPRISE: “NO PROJECTIONS WERE AVAILABLE FOR HOW MUCH IT WOULD COST”: “No projections were available for how much it would cost if hundreds more species were listed as threatened or endangered.” (“From a Texas Rat to the American Eel, Hundreds of Plants, Animals Advance Towards Protections,” Associated Press, 9/29/2011)

Sadly, this regulatory onslaught from the Obama White House is not surprising for an administration that has repeatedly admitted it doesn’t consider the impact on jobs when formulating new regulations:

“POTENTIAL ECONOMIC IMPACT ON BUSINESS AND INDUSTRY MAY BE SIGNIFICANT” BUT “ISN’T A FACTOR” IN REGULATORY DECISIONS: “Ashe, who visited Oklahoma at Inhofe’s request, said that while the potential economic impact on business and industry may be significant, it isn’t a factor in determining whether a species is threatened or endangered.” (Sean Murphy, “Bird Causes Economic Development Woes in Okla.,” The Houston Chronicle, 9/8/2011)

“SECTIONS OF ENDANGERED SPECIES ACT SET BACK FARMERS”: “At its fall meeting in Lubbock on Friday, the Texas and Southwestern Cattle Raisers Association passed policy urging Congress to require the Department of Interior and the Fish and Wildlife Service to streamline the Endangered Species Act ‘to better balance comprehensive science, economic development, input from affected stakeholders, and private property rights when determining whether to list, introduce, and/or relocate a threatened or endangered plant or animal species.'” (Jerry Lackey, “Windmill Country: Sections of Endangered Species Act Set Back Farmers,” The San Angelo Standard-Times, 10/4/2011)

OBAMA’S EPA HAS ADMITTED THEY DON’T CONSIDER JOBS DESTROYED BY THEIR RULE-MAKINGS: “The Obama administration has repeatedly said job creation is a top priority, but apparently the memo seems to have missed the bureaucrats at the Environmental Protection Agency (EPA). This became evident when EPA Assistant Administrator Mathy Stanislaus testified Thursday before an Environment and Energy subcommittee hearing that his agency does not take jobs into account when it issues new regulations. ‘We have not directly taken a look at jobs in the proposal,” Stanislaus said, referring to a regulation that would govern industries that recycle coal ash and other fossil fuel byproducts.” (John Rossomondo, “EPA Official Says Jobs Don’t Matter,” The Daily Caller, 4/16/2011)