The Heritage Foundation's blog, the Foundry, has a couple of posts regarding the proposals to withdrawal the ESA Section 7 and polar bear/Section 4(d) rules, here and here. Heritage's Nick Loris suggests that:
withdrawing these ESA rules presents several opportunities for anti-energy activists to file administrative appeals and lawsuits by simply arguing carbon dioxide or any other greenhouse gas emissions are a threat to endangered species or its habitats. Thus, environmentalist activists can effectively block any new stimulus projects – quite contradictory to the stimulus plan’s objective to quickly create jobs and spending. In reality, it guarantees the stimulus money for investment projects will not be spent effectively.