Taking aim at hunters' ammo   BY MATT KETTMANN, TIME MAGAZINE, 04/04/07   Ever since the ancient Romans realized their plumbing was giving them gout, lead has been bad news. The plentiful-but-toxic metal has been banned by the federal government in everything from paint and water pipes to food containers and gasoline. And now, one of the poisonous element's last footholds in American culture — the ammunition used by the 25 million people who hunt for sport and food — is being targeted, as states across the country consider enacting bans on the use of lead for hunting.   SEE FULL STORY >> LEAD BULLETS UNDER FIRE IN CALIFORNIA >> PROPOSAL TO BAN LEAD BULLETS ON HOLD TILL JUNE >> Who's in charge? Who makes law? Who regulates law? We felt that our newsletter item on "controversial recess appointments" merited a lot more discussion. As we reported "On July 31, 2006, President Bush nominated Susan Dudley to head the Office of Information and Regulatory Affairs (OIRA). Part of the OMB (Office of Management and Budget), the OIRA "reviews the major agency regulations with an eye toward reducing compliance costs and according to critics, easing burdens on companies." So said the Wall Street Journal. On April 1, 2007, the Los Angeles Times reported that, "according to industry lobbyists and Republican aides in Congress, Bush intends to skirt the Senate approval process if necessary by making recess appointments." Kathryn Mutz, of the University of Colorado Natural Resources Law Center takes over: Who makes the laws that govern the lands and resources of the West? In whose interest and as a result of whose input do the regulations that implement these land and water management laws come into being. Well, of course, we the people of the United States do, or think we do, through the people we elect to the executive and legislative branches of government: These are the steps every schoolchild in our country has been assured is the way it works: First, we elect our representatives in Congress. These men and women introduce bills to create new and to amend existing law. After listening to their constituents, the media and their colleagues in the halls of Congress, they pass bills to protect our lands and interests. When signed by the President, these bills become law to be administered by executive branch agencies. The executive branch agencies write regulations to implement these laws using the notice and comment rulemaking process required by the Administrative Procedures Act. Well, not quite. Through loopholes, mysterious and often incomprehensible, but always somehow legal, questionable stretching of the rules and outright violation of laws, our lawmaking and regulating process appear to be losing transparency and balance, and by balance we often mean, fairness. A few recent examples follow starting with the action that brought all this to the table now: Recess appointments avoid confirmation process Under Article 2 of the U.S. Constitution, the President has power to appoint executive branch administrators with the advice and consent of the Senate. This constitutional provision allows the President to appoint agencies' top managers to assure faithful administration of the law while implementing his domestic agenda. At the same time, our legislative representative in the Senate oversee the quality of major administrative appointments. At a time when Congress had relatively short sessions and long recesses, the same section of the Constitution gave the President power to make appointments during a recess. These appointments expire at the end of the next session of Congress. MORE ON RECESS APPOINTMENTS >> Substantive law passed through riders to appropriation bills Most of our law is created through a democratic process including introduction of a public bill in both the House of Representatives and the Senate, referral to appropriate committees or subcommittees where the bill is given its most intensive consideration, public hearings, markup by the committee, preparation of committee reports, consideration of the bill by the full chamber with opportunity for debate and amendments, and the final vote. While the rules and distribution of authority of the two chambers has traditionally favored hearing and passage of bills supported by the majority political party, one increasingly popular technique for passing substantive legislation seems most contrary to the democratic process - passage of law by a "rider" on an appropriation bill. MORE ON RIDERS >> Major regulations are being written without required notice and comment, consultation with other agencies, and NEPA compliance Various environmental and natural resources laws explicitly or implicitly give Federal agencies the authority to write regulations to implement the laws. Agencies promulgate these regulations or "rules" through a notice and comment process outlined in the Administrative Procedures Act and its implementing regulations. These rules are designed to give the public an opportunity to help shape the rules that will ultimately govern their actions and protect their environment. In addition, agencies are required by NEPA to consult with the public in preparing environmental impact statements (EISs) when their rulemaking actions would have significant impacts on the quality of the human environment. Furthermore, agencies must consult with other agencies, like the U.S Fish and Wildlife Service, when their actions - including their rulemakings - could affect endangered and threatened species (ESA Section 7 consultations). MORE ON NOTICE AND COMMENT >> Our schoolchildren have a lot more to learn than the ABC's of how law is made. SEE FULL STORY >> SWAT — Skokomish watershed restoration on a roll   This is a story we've been covering ever since Mike Anderson of TWS brought it to the table. Mike has been a leader in the Lakeview Stewardship Group. We received the following e-mail from him the other day: "I thought you'd like to see this update on the fabulously successful Skokomish collaboration:" Thanks to the Mason Conservation District for hosting the excellent SWAT general meeting on March 22, which was attended by 26 participants. Attached are draft notes on the meeting, courtesy of Richard Brocksmith. The EPA has awarded the Skokomish Tribe a $150,000 grant for road stabilization and drainage upgrades on Forest Service lands in the upper watershed. The SWAT sent a letter of support with 14 co-signers, as did Congressman Dicks. During the past 6 months, Skokomish restoration projects have received more than $1 million in federal and state funding. Last week 10 SWAT groups (with just 24 hours notice) joined a letter of support for the Olympic National Forest's proposal to the Whole Watershed Joint Venture for additional upper watershed road decommissioning. That letter is attached. A SWAT delegation (met) with staff for Senators Murray and Cantwell to brief them on our 3-year watershed restoration plan. Also, on April 19 I will be testifying before Congressman Dicks' Interior appropriations subcommittee in Washington, DC on behalf of SWAT's 3-year plan funding request. "The Ingredients for Success" — members speak When asked to list the reasons for the success thus far of the SWAT group, among other things, the members cited: Strong, continuing leadership; Focus on the doable and a strong action plan as to how to do it; Insistence on good, objective science; Continuing emphasis on political outreach; and, Close, respectful relationship with local Forest Service representatives. MARCH 22 MEETING MINUTES >> LETTER TO REGIONAL FORESTER >> READ MORE ABOUT SWAT >> CONTACT US Phone: (406) 495-1069 Toll Free: (888) 495-0757   RED LODGE CLEARINGHOUSE The Red Lodge Clearinghouse is a program of the Liz Claiborne Art Ortenberg Foundation. 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