Monday's hearing on the nomination of Susan Dudley to be the new director of the Office of Information and Regulatory Affairs (OIRA) in OMB did little to reveal Dudley's positions on a variety of issues. Sen. Susan Collins (R-ME), the current chair of the Committee on Homeland Security and Government Affairs, was the only Republican member of the committee to attend the hearing. The incoming chair, Sen. Joseph Lieberman (ID-CT), did not attend the hearing but submitted an extensive list of questions to Dudley prior to the hearing.

The Democrats on the committee asked Dudley questions concerning her views on regulation of arsenic, ozone, the Toxics Release Inventory, and her writings on the economic benefits of regulations generally. Dudley has written extensively on the benefits of market forces to regulate public interest protections rather than having governments issue protective standards. The Democrats asked probing questions about her writings, the substance of different regulations, and her ideas about managing OIRA if confirmed.

Even when pushed on issues by Sens. Carl Levin (D-MI), Mark Pryor (D-AR), and Tom Carper (D-DE), Dudley evaded the questions with answers suggesting that the Senators were reading her writings too broadly or saying she would be willing to talk about these issues once confirmed. She retreated from only one position when Collins asked Dudley if she really believed that states, such as Maine, which is downwind of Midwestern power stations' pollution, should be in the position of compensating polluters. Dudley admitted that she "was wrong" and suggested those writings were an example of someone engaged in scholarly writings instead of a practical regulatory role.

After the hearing Collins told the press she was leaning toward supporting the nominee and expected to bring it to a committee vote during the December lame duck session.

No other members on the committee have taken positions. However, given the probing questions by the Democrats and evasive responses from Dudley it would appear that the concern over her nomination will not likely dissipate.

A CQ Today article may have summed it up best when the reporter noted that Sen. John Warner (R-VA) introduced Dudley and then immediately left saying, "I wish you luck, and you’re on your own."

Some of the new masters of oversight are eager to get to work. [Pending Transportation and Infrastructure Chair Rep. James] Oberstar's agenda includes tightening port security and improving the operations of the Federal Emergency Management Agency, much maligned for its Hurricane Katrina performance.

Rep. John D. Dingell, a Michigan Democrat, is set to return as chairman of the Energy and Commerce Committee, which has jurisdiction over consumer protection, telecommunications, air quality, energy, and food and drug safety.

Dingell has a reputation for relentless investigation, and his "Dingellgrams" -- requests for exhaustive paperwork from federal agencies and witnesses -- are remembered and feared in Washington.

Other Congressmen with oversight agendas include Rep. George Miller, who will oversee occupational health and safety on the Education and Workforce Committee, and Sen. Edward Kennedy, who will do the same on the Senate side.

Posted by Genevieve Smith, 10:46:48 PM



Boxer Threatens to Put Hold on EPA IG Nominee
Susan Dudley isn't the only controversial nominee that might be snuck through during the lame duck session. According to CongressDaily, future chairwoman of the Senate Environment and Public Works Committee, Sen. Barbara Boxer (D-CA), is threatening to put a hold on the nomination for the Environmental Protection Agency's nominee for Inspector General. The IG is responsible for sussing out waste, fraud and abuse in the agency.

Unfortunately, Bush's pick, Alex Beehler, has more experience in industry than oversight. As the Defense Department's assistant deputy undersecretary for environment, safety and occupational health, Beehler sought to exempt the military from environmental regulation. Beehler also worked for Koch Industries, distributing money to anti-regulatory groups, including Susan Dudley's own Mercatus Center.

All ten Republicans on the Senate's Environment and Public Works Committee have said they will support the nomination, guaranteeing the nomination would pass a committee vote. Boxer has threatened to put a hold on the nomination if it passes committee.

Former EPA IG Nikki Tinsley resigned in January. Tinsley's tenacious investigations often put her at odds with the White House. Her reports on EPA's failure to regulate smog and mercury emissions were particularly damning. Check out this WaPo article for more on Tinsley.

Read Beehler's testimony from his September hearing.

Posted by Genevieve Smith, 10:22:41 PM

Thursday, November 09, 2006

Be sure to check out the latest issue of our biweekly newsletter, The Watcher. Reg policy articles this time:

EPA Falters on Commitment to Environmental Justice

Less than two months after the Inspector General for the Environmental Protection Agency issued a report critical of the agency's commitment to environmental justice, EPA closes the doors of one of its regional offices for minority advocacy.

Tuesday, November 07, 2006