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White House Interferes with Smog Rule

The U.S. Environmental Protection Agency (EPA) has announced revisions to the national standard for exposure to ozone, a.k.a. smog. While the new standard is an improvement, EPA did not go as far as its own scientists had recommended. Last-minute changes orchestrated by the White House have also mired the rule change in controversy. In addition to the new standard, EPA proposed legislative changes to the Clean Air Act, which environmentalists and lawmakers immediately criticized.

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News
White House Gains Influence in Toxic Chemical Assessments

The U.S. Environmental Protection Agency (EPA) has announced changes to its process for assessing the human health effects of common chemical substances. The revised process will allow the White House Office of Management and Budget (OMB) to play a larger role in the evaluation of the substances. Read More

White House Interferes with Smog Rule
The U.S. Environmental Protection Agency (EPA) announced March 12 its revision to the national air quality standard for ozone, or smog. While the new standard is an improvement, EPA did not go as far as its own scientists had recommended. Last-minute changes orchestrated by the White House have also mired the rule change in controversy. In addition to the new standard, EPA proposed legislative changes to the Clean Air Act, which environmentalists and lawmakers immediately criticized. Read More

Environmental, Worker Safety Rules Targeted by Industry Groups
The Small Business Administration's (SBA) Office of Advocacy has finalized a list of ten rules it will encourage federal agencies to modify. The Office of Advocacy compiled the list after receiving recommendations from small businesses and industry lobbyists. Read More

OMB Reports $508 Million in E-Gov Savings; Congress Remains Doubtful
The Office of Management and Budget (OMB) released a report to Congress Feb. 14 that calculates the benefits of President Bush's 24 E-Government (E-Gov) Initiatives at approximately $508 million in Fiscal Year 2007, based on agencies' estimates. Congressional skepticism of the Initiatives, and subsequent reluctance to fund them, led OMB to develop a questionable funding mechanism using agency contributions from their annual budgets. Read More

2008 Executive Branch Regulatory Agenda: Building an Administrative Legacy
In 2007, President Bush used administrative decrees — such as issuing a new regulatory executive order and giving new powers to executive branch offices — to impact the regulatory process. The administration is likely to continue pursuing administratively what it cannot accomplish legislatively or does not wish to do in the light of day. Read More

A Year for Failure: Regulatory Policy News in 2007
In 2007, new regulatory policies and the inability of federal agencies to protect the public made headlines more so than at any time in recent memory. Four themes dominated regulatory policy this year: an increase in White House influence over agency rulemaking activity and discretion, which added a perception of more political manipulation; the inability of the federal government to protect the public by ensuring the safety of imported goods; the voice of some industry groups calling for regulation; and the Bush administration's refusal to regulate in the face of overwhelming scientific evidence, as in the case of climate change. At best, government has attempted to respond to crises instead of getting ahead of the curve. This has left the public uncertain about whether we can count on our government to provide adequate safeguards. Read More

Political Influence Leads to Revised Endangered Species Decisions
The U.S. Fish and Wildlife Service (FWS) will revise seven of eight decisions made under the Endangered Species Act program after reviewing them for improper political interference. The four-month review came as a result of a Department of Interior inspector general's investigation of allegations that former Deputy Assistant Secretary for Fish, Wildlife and Parks, Julie A. MacDonald, intimidated staff and changed the scientific information agency scientists developed for decisions about listing or delisting threatened or endangered species. Read More

White House Rejects Krill Protection Rule
The White House has rejected an effort by the National Oceanic and Atmospheric Administration (NOAA) to protect krill, an important marine species abundant in the Pacific Ocean. NOAA's proposed rule is a precautionary measure aimed at protecting krill in the future but was rejected by White House officials for failing to identify a need for the regulation. Read More

Vice President Reemerging in Regulatory Review Meetings
Representatives from the office of Vice President Richard Cheney have been involved in three current administration rulemakings. Their presence is indicative of a recent trend in which Cheney has involved his office in high-profile regulations. Read More

Bush Administration Tries to Reverse Old-Growth Forest Protection Plan
The U.S. Bureau of Land Management (BLM) is trying to dismantle a 1994 landmark management plan that balances logging, endangered species and old-growth forest protections. BLM wants to revise the Northwest Forest Plan (NWFP) to allow logging on nearly one million acres of old-growth forest area included in the plan that protect habitats for species such as the northern spotted owl, salmon and other old-growth-dependent species. The proposed revisions ignore scientific recommendations, and the process appears to have been manipulated by Bush administration officials in Washington. Read More

New White House Guidelines Fit into Broad Attack on Federal Protections
The White House has issued new guidelines for federal agencies in conducting risk analysis. Risk analysis, of which risk assessment is a central factor, is a process by which agencies identify and evaluate risks such as toxic exposure or structural failure. Risk analysis often lays the scientific or technical foundation for public health and safety rulemakings. Read More

New Small Business Program Will Influence Agency Regulatory Reviews
The Small Business Administration's (SBA) Office of Advocacy has launched a new program that may expand SBA's influence into agency regulatory activity. The Office of Advocacy acts as a liaison between the business community and the federal government, particularly the executive branch. Read More

New Report Examines Agency Review of Regulations
The Government Accountability Office (GAO) has released a new report on the process by which federal regulatory agencies review regulations after they take effect. Agencies conduct reviews to comply with existing law, as a matter of agency policy, and in response to White House requests. The report finds the quality of reviews varies widely and determines the major barriers to more useful reviews are gaps in available data and problems with public participation. Read More

Bush's Regulatory Changes Set to Go into Effect
As of today, July 24, federal agencies are to be in full compliance with all the provisions of Executive Order 13422 (E.O. 13422), which amends the regulatory process for agencies, and the Final Bulletin for Agency Good Guidance Practices. Both documents were issued Jan. 18 and work in concert to bring significant changes to the way agencies develop and enforce public protections. Read More

White House Delays Whale Protection Rule
The White House is currently delaying the completion of a final rule intended to protect a critically endangered whale species. Critics are concerned the Bush administration is giving special access to business interests and overemphasizing economic considerations in its review of the rule. The delay of the whale protection rule is indicative of a larger problem in the White House regulatory review process. Read More

House Votes to Stop Funding for Bush's Regulatory Changes
The House passed an appropriations bill June 28 that prevents parts of the executive branch from spending Fiscal Year 2008 funds on the implementation of President George W. Bush's controversial executive order amending the regulatory process. The Financial Services and General Government Appropriations Act, FY 2008, (H.R. 2829) was amended by voice vote late on the night of June 27 and was passed the next day. The bill provides funding for everything from the Treasury Department and the Executive Office of the President to the Federal Election Commission and the U.S. Tax Court. Read More

EPA Suspends Fish Kill Rule
The U.S. Environmental Protection Agency (EPA) has suspended a fish protection rule in response to a January court decision. The decision vacated parts of the rule, which White House officials had edited and weakened. EPA will now have to begin a new round of rulemaking in order to address the ecological problem. Read More

EPA Announces Proposed Smog Standard
The U.S. Environmental Protection Agency (EPA) has announced proposed changes to the national standard for ground-level ozone, also known as smog. Scientific consensus supports a limit substantially lower than the current standard. EPA's proposal has drawn criticism for being too weak to fully protect the public from the adverse health effects of ozone. A lack of transparency in the rulemaking process has left the public in the dark as to whether EPA, the White House or industry lobbyists may be to blame. Read More

White House Meets with Industry on Smog Standard
The White House Office of Information and Regulatory Affairs (OIRA) is reviewing the U.S. Environmental Protection Agency's (EPA) revision to the national ozone standard. A number of scientists have urged EPA to adopt a more stringent standard for ozone, also known as smog. Unusually, Vice President Dick Cheney's office has involved itself in the review of the standard. OIRA has also been consulting with industry representatives as it prepares to make edits to the standard and make recommendations to EPA. Read More

House Hearing Asks Interior: Entangled in Politics, or Enlightened by Science?
In a May 9 hearing, the House Committee on Natural Resources heard witnesses discuss the extent to which Interior Department officials have manipulated scientific assessments when implementing the Endangered Species Act (ESA). The hearing came on the heels of the resignation of a top-ranking official and the release of a departmental investigation that found rules violations and intimidation of agency scientists. Read More


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