Bush's Final F.U.

BIG AGRICULTURE Factory farms are getting two major Christmas presents from Bush this year. Circumventing the Clean Water Act, the administration has approved last-minute regulations that will allow animal waste from factory farms to seep, unmonitored, into America's waterways. The regulation leaves it up to the farms themselves to decide whether their pollution is dangerous enough to require them to apply for a permit. "It's the fox guarding the henhouse — all too literally," says Pope. The water rule goes into effect December 22nd, and a related rule in the works would exempt factory farms from reporting air pollution from animal waste.

BIG CHEMICAL In October, two weeks after consulting with industry lobbyists, the White House exempted more than 100 major polluters from monitoring their emissions of lead, a deadly neurotoxin. Seemingly hellbent on a more toxic future, the administration will also allow industry to treat 3 billion pounds of hazardous waste as "recycling" each year, and to burn another 200 million pounds of hazardous waste reclassified as "fuel," increasing cancer-causing air pollution. The rule change is a reward to unrepentant polluters: Nearly 90 percent of the factories that will be permitted to burn toxic waste have already been cited for violating existing environmental protections.

Environmental rollbacks may take center stage in Bush's final deregulatory push, but the administration is also promulgating a bevy of rules that will strip workers of labor protections, violate civil liberties, and block access to health care for women and the poor. Among the worst abuses:

LABOR Under Bush, the Labor Department issued only one major workplace-safety rule in eight years — and that was under a court order. But now the Labor Department is finalizing a rule openly opposed by Obama that would hamper the government's ability to protect workers from exposure to toxic chemicals. Bypassing federal agencies, Labor Secretary Elaine Chao developed the rule in secret, relying on a report that has been withheld from the public. Under the last-minute changes, federal agencies would be expected to gather unnecessary data on workplace exposure and jump through more bureaucratic hurdles, adding years to an already cumbersome regulatory process.

In another last-minute shift, the administration has rewritten rules to make it harder for workers to take time off for serious medical conditions under the Family and Medical Leave Act. In addition, the administration has upped the number of hours that long-haul truckers can be on the road. The new rule — nearly identical to one struck down by a federal appeals court last year — allows trucking companies to put their drivers behind the wheel for 11 hours a day, with only 34 hours of downtime between hauls. The move is virtually certain to kill more motorists: Large-truck crashes already kill 4,800 drivers and injure another 76,000 every year.

HEALTH CARE In late August, the administration proposed a new regulation ostensibly aimed at preventing pharmacy and clinic workers from being forced to participate in abortions. But the wording of the new rule is so vague as to allow providers to deny any treatment that anyone in their practice finds objectionable — including contraception, family planning and artificial insemination. Thirteen state attorneys general protested the regulation, saying it "completely obliterates the rights of patients to legal and medically necessary health care services."

In a rule that went into effect on December 8th, the administration also limited vision and dental care for more than 50 million low-income Americans who rely on Medicaid. "This means the states are going to have to pick up the tab or cut the services at a time when a majority of states are in a deficit situation," says Bass of OMB Watch. "It's a horrible time to do this." To make matters worse, the administration has also raised co-payments for Medicaid, forcing families on poverty wages to pay up to 10 percent of the cost for doctor visits and medicine. One study suggests that co-payments could cause Medicaid patients to skip nearly a fifth of all prescription-drug treatments. "People who have nothing are being asked to pay for services they rely upon to live," says Elaine Ryan, vice president of government relations for AARP. "Imposing co-pays on the poorest and sickest people in the United States is cynical and cruel."

NATIONAL SECURITY Under midnight regulations, the administration is seeking to lock in the domestic spying it began even before 9/11. One rule under consideration would roll back Watergate-era prohibitions barring state and local law enforcement from spying on Americans and sharing that information with U.S. intelligence agencies. "If the federal government announced tomorrow that it was creating a new domestic intelligence agency of more than 800,000 operatives reporting on even the most mundane everyday activities, Americans would be outraged," says Michael German, a former FBI agent who now serves as national security policy counsel for the ACLU. "This proposed rule change is the final step in creating an America we no longer recognize — an America where everyone is a suspect."