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"[P]eople acting in a group can accomplish things which no individual acting alone could even hope to bring about." - FDR

White House Interventions:       News      Correspondence      Analysis      Background     

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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
Secret Risk Assessment Rule Aims to Halt Worker Safety Protections

The Bush administration is trying to rush through a Department of Labor (DOL) draft rule to require new worker safety standards to be based on a new risk assessment process that would potentially tie the hands of future administrations. The new rule was sent to the Office of Information and Regulatory Affairs (OIRA) for review in secret, violating the process OIRA has insisted agencies use for rulemaking. Read More

White House Climate Change Policy -- Delay, Delete, and Deny
The Bush administration continues its strong efforts to censor climate change information that reaches the public and Congress. Recent reports indicate that the White House pressured the U.S. Environmental Protection Agency (EPA) to make changes to its regulatory process regarding climate change and that Vice President Dick Cheney's office was responsible for suppressing key sections of the congressional testimony of a high-level official at the Centers for Disease Control and Prevention (CDC). Read More

Toxic Assessment Delays Block New Standards
A House panel recently examined efforts by the U.S. Environmental Protection Agency (EPA) to study human exposure to, and toxic effects of, common industrial chemicals. EPA is not assessing enough chemicals and is taking too long to complete the assessments it does undertake, lawmakers said. Witnesses complained that without rigorous scientific studies as a foundation, federal and state agencies cannot set air and water quality standards that protect public health. Read More

Ozone Standard Challenged in Multiple Court Actions
The U.S. Environmental Protection Agency's (EPA) new, stricter national air quality standard for ozone is being challenged in multiple court actions, all of which are asking a federal appeals court to review the final rule. Although the new standard, announced March 12, is an improvement over the previous standard, environmental groups, state and local governments, and business interests all have filed lawsuits hoping to force the EPA to reconsider its decision. Read More

White House Involved in EPA's California Waiver Decision
A report released May 19 by the House Committee on Oversight and Government Reform concluded the White House improperly intervened in a decision by the U.S. Environmental Protection Agency (EPA) to deny California's request for a waiver under the Clean Air Act. The waiver would have allowed the state to set standards for greenhouse gas emissions from new vehicles. In denying the waiver, EPA Administrator Stephen Johnson went against the recommendation of EPA staff, who concluded there was no legal or scientific basis to deny the waiver. Read More

White House Blocking Whale Protection Rule
Multiple White House offices are working in concert to block a new policy that would expand federal protections for the North Atlantic right whale. The offices, including the office of Vice President Cheney, are questioning the findings of scientists at the National Oceanic and Atmospheric Administration (NOAA), the agency attempting to finalize the rule. Read More

OMB Interference under Scrutiny in Congress
The White House Office of Management and Budget's review of federal agencies' draft regulations and scientific information was highlighted in two congressional hearings the week of May 5. The review process gives Office of Management and Budget (OMB) officials an opportunity to delay or undermine public health and safety standards. One hearing examined the constitutional implications of OMB review, the other the scientific implications. Read More

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


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