The Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSMRE) will propose a rule which would make it easier for mining companies to search for coal on mountaintops and dump the waste into nearby valleys and streams, according to The New York Times. Currently, federal regulations prohibit most mountaintop mining activities within 100 feet of streams. The rules are regularly flaunted. According to Earthjustice, a nonprofit group focused on environmental law, "1,208 miles of streams in Appalachia were destroyed from 1992 to 2002."

Yesterday, a U.S. district court ruled the White House has violated federal law by not preparing and releasing a statutorily-mandated report on climate change. The Global Change Research Act of 1990 requires presidential administrations to assess the latest research and the potential impact of climate change "On a periodic basis (not less frequently than every 4 years)." The last report was released by the Clinton administration in 2000.

Is President Bush becoming a conservationist? Today, Bush issued an executive order titled "Facilitation of Hunting Heritage and Wildlife Conservation." The order instructs federal agencies to, among other things, "Manage wildlife and wildlife habitats on public lands in a manner that expands and enhances hunting opportunities, including through the use of hunting in wildlife management planning." Reg•Watch wonders what issue or problem this order is trying to address. Perhaps Bush was just inspired in the midst of his extended vacation in Crawford.

Bloomberg News columnist Cindy Skrzycki today writes about the White House delay of a rule that would protect the North Atlantic right whale. Under Executive Order 12866, OMB's Office of Information and Regulatory Affairs (OIRA) has 90 days to review regulations before they are finalized. In consultation with the issuing agency (in this case, the National Oceanic and Atmospheric Administration) OIRA may extend the review period by 30 days.