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Tuesday, January 30, 2007

Little Chance for Vote on Vitter Amendment
The Vitter amendment appears to be dead. This afternoon, the Senate overwhelmingly voted to end debate on the minimum wage bill. (A final vote on minimum wage is expected later this week.) Only ten senators opposed the motion to end debate including, you guessed it, David Vitter. Thanks to those who contacted their Senators. Your voice may have prevented the Senate from moving forward on this vote.

Posted by Matt Madia, 05:58:50 PM

NY Times and Washington Post Cover Bush Regulatory Amendments

Almost two weeks ago, President Bush amended the federal regulatory process in an attempt to delay regulations and take power out of Congress's hands. Now, the mainstream media has picked up the scent. A front page story in today's New York Times and a column in today's Washington Post both cover the story.

Posted by Matt Madia, 09:42:05 AM

Friday, January 26, 2007

EPA's Risky Business

The US Environmental Protection Agency (EPA) is close to finishing a revision on how EPA assesses risk for toxic substances, according to Inside EPA(subscription). The new framework would affect EPA's Integrated Risk Information System (IRIS) database. For years, IRIS has been a tool for regulators to determine the "human health effects that may result from exposure to various substances found in the environment."

Now, EPA is bowing to pressure from the White House and the Pentagon by allowing other agencies to meddle in the risk assessment process. Under the new framework, some agencies would have the opportunity to voice concern before data is included in IRIS. If the substance in question is deemed “mission critical” the agency would be allowed to submit alternate data, and ”potentially alter the final risk number,” according to Inside EPA.

Good grief! If this plan comes into fruition, it will likely have catastrophic effects on the quality and quantity of exposure information the public can access through IRIS. Agencies will be able to fiddle with data they don't like. Stay tuned to Reg Watch for more.

Posted by Matt Madia, 12:41:09 PM

Thursday, January 25, 2007

White House Wants CAFE All to Its Self

The White House wants the Department of Transportation (DOT) to continue to regulate Corporate Average Fuel Economy (CAFE) standards, according to the online environmental news source Greenwire (subscription).

With the House of Representatives set to hold a hearing on fuel standards — and even Sen. Ted Stevens opening his mind — the Bush administration is clearly getting nervous that Congress may supersede Executive regulations. The White House wants DOT to continue to be a roadblock in the way of sensible fuel standards; and wants CAFE reform to sink in a regulatory quagmire.

Jim Connaughton, the White House's chairman of the Council on Environmental Quality, doesn't think Congress should serve its Constitutionally provided role of protecting the public:

"We don't support Congress picking the numbers because Congress doesn't have the technical infrastructure to do the analysis necessary to do it in a way that will save lives and make sure we're preserving good jobs in America."

The White House position is not surprising, considering recent changes to the federal rulemaking process that place corporate interests above the public interest. Congress should ignore the White House, and provide legislation for cleaner vehicles across the nation.

Posted by Matt Madia, 03:40:11 PM

Thursday, January 18, 2007

President Bush's Changes to Rulemaking Process Undermine Public Protections

Read OMB Watch's preliminary analysis here.

Posted by Matt Madia, 07:35:49 PM

President Bush Amends Rulemaking Process

This afternoon, President Bush announced amendments to Executive Order 12866 on Regulatory Planning and Review. EO 12866, originally issued by President Clinton, places the White House Office of Management and Budget (OMB) squarely in the middle of agencies' rulemaking process.

President Bush's amendments go even further in allowing the White House to force its own agenda on agencies. The most notable of the new amendments:

Impose a market failure criterion where agencies had previously been able to regulate based upon identification of threats to public welfare.
Force agencies to install presidential appointees as their intra-agency regulatory heads.
Force agency "guidance documents" (recommendations that clarify provisions in regulations) to go through the same OMB-micromanaged process as regulations do.

Ultimately, these amendments establish President Bush's anti-regulatory agenda, and make it more difficult for agencies to fulfill their role as protectors of the public.

Posted by Matt Madia, 05:40:08 PM

Monday, January 15, 2007

New Research Backs Claim of Mercury Hot Spots
A new study by the American Institute for Biological Sciences has found further evidence that the cap-and-trade approach to limiting mercury emissions backed by EPA could create mercury "hot spots," areas with dangerously higher concentrations of mercury. A US and Canadian research team identified five hot spots in New England, New York and Nova Scotia.

EPA has proposed to limit mercury emissions from coal-fired power plants through a "cap-and-trade" method, which would control pollution emissions by setting an emission standard for polluters and then allowing polluters to trade emissions up to a certain cap. While reducing the overall level of mercury emissions, the cap-and-trade method could actually increase mercury emissions in some areas. According to AIBS, "[g]reater deposition of mercury near areas that are highly sensitive to the element or that are already affected by it could raise the risk to people and wildlife that consume fish. There is reason to believe, however, that lowering emissions can reduce risk."

In early December, EPA failed to limit mercury emissions from existing cement kilns, one of the greatest sources of mercury pollution.

High levels of mercury exposure has been linked to neurological and developmental problems and is particularly harmful to pregnant women and children.

Posted by Genevieve Smith, 11:28:02 PM

Thursday, January 11, 2007

Climate Change Opposition Funded by ExxonMobile
Ever wonder where all these climate change denialist groups came from? It wouldn't take a rocket scientist to guess they were funded by the oil and gas industry, but it did take the Union of Concerned Scientists to string together the facts, and the evidence is pretty damning. A new report from the Union of Concerned Scientists documents how the gas industry, and particularly ExxonMobil, has dumped millions of dollars into Astroturf organizations that seek to foster doubt about the existence of climate change. From the press release:

According to the report, ExxonMobil has funneled nearly $16 million between 1998 and 2005 to a network of 43 advocacy organizations that seek to confuse the public on global warming science.
"ExxonMobil has manufactured uncertainty about the human causes of global warming just as tobacco companies denied their product caused lung cancer," said Alden Meyer, the Union of Concerned Scientists' Director of Strategy & Policy. "A modest but effective investment has allowed the oil giant to fuel doubt about global warming to delay government a ction just as Big Tobacco did for over 40 years."

Posted by Genevieve Smith, 11:50:18 PM

Wednesday, January 10, 2007

Latest Watcher

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

OIRA Back Door Open to Dudley?

EPA: Home for the Holidays

Posted by Matt Madia, 09:52:47 AM

Monday, January 08, 2007

President May Chill Bipartisan Climate with Dudley Appointment

As Reg Watch blogged earlier today, the White House is considering naming anti-regulatory zealot Susan Dudley an OIRA senior advisor, once again prioritizing big business above public welfare.

However, there is something else to note. With the new Congress less than a week old, President Bush is already rejecting his bipartisan commitments and showing his contempt for the Democratic Party and the entire legislative branch. Instead of pressing on with the nomination process, or offering a new nominee, President Bush is considering circumventing the new Democratic controlled Congress and installing an extremist without the advice or consent of the people's branch of government. It is a shame the President is already following his old pattern: thumbing his nose at the democratic process any time he doesn't get his way.

Posted by Matt Madia, 03:33:37 PM

Dudley May Occupy OIRA Office

BNA news service (subscription required) reports today that controversial OIRA administrator nominee Susan Dudley may be named a senior OIRA advisor. This move by the White House would end Dudley's official nomination, yet allow her to have an active role in policy making within the highly influential OIRA office. Dudley's nomination stalled last year when the then Republican controlled Senate failed to schedule a vote.

If the White House names Dudley a senior advisor, she will be able to impose her anti-regulatory agenda from behind the scenes — acting as a kind of regulatory puppet master. As OMB Watch has pointed out on many occasions (here, here, and here), Dudley's record indicates contempt for government regulation and a general disdain for public health and welfare. Stay tuned to see if the White House follows through on this potential mistake.

Posted by Matt Madia, 10:41:25 AM