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Friday, March 30, 2007

EPA Gets Cozy with Industry Once Again

EPA has finalized a new rule on soot that is a hand-out to the power industry. The rule will allow utilities to buy their way out of installing the latest and most effective technology for controlling soot emissions. Get the full scoop from Clean Air Watch's Blog for Clean Air.



Posted by Matt Madia, 10:23:37 AM



Monday, March 26, 2007

Dudley May Return to the Hill for Confirmation Hearing

OMB Watch has learned a Senate panel may formally reconsider the long dormant nomination of Susan Dudley to become the White House's regulatory czar. Dudley — whose 2006 nomination stalled in the Senate Homeland Security and Government Affairs Committee (HSGAC) — could reappear before that committee if Chairman Joe Lieberman (I-CT) pushes forward.

In 2006, President Bush nominated Dudley to be administrator of the Office of Information and Regulatory Affairs (OIRA) within OMB. Dudley blindly opposes any form of government regulation regardless of its potential benefit to society, thus making her an illogical choice to head the office which reviews the rules agencies develop. Because of this, public interest groups opposed Dudley's nomination, and a Republican-controlled HSGAC did not think it a high enough priority to address last fall.

Never to be discouraged by the opinion of the people he governs, Bush renominated Dudley in January. A day later, Bush named Dudley a senior advisor in OIRA.

If HSGAC decides to reexamine Dudley's record, we certainly hope they will realize she is not fit for the position and reject her nomination. If not, we expect Bush to appoint her during a Congressional recess this year. Stay tuned to Reg•Watch for more.

For the full story on Dudley, check out Public Citizen and OMB Watch's report The Cost Is Too High.



Posted by Matt Madia, 04:46:41 PM



Thursday, March 22, 2007

FDA Risk Assessment Favorable to Food from Clones

The New Standard has published an article outlining how the FDA has "cherry-picked" data in formulating a favorable risk assessment for food products from cloned animals.

Read the article here.
Read the Center for Food Safety report on the issue here.
Read the FDA draft risk assessment here.



Posted by Matt Madia, 04:28:32 PM



Wednesday, March 21, 2007

In the News, OSHA under the Microscope

According to BNA news service (subscription), House members grilled an Occupational Safety and Health Administration official as to why OSHA has only addressed the danger of a pandemic flu outbreak with guidance memos, instead of regulation. Unions and Congressional members have asked for a temporary standard to protect health care workers. Since no flu strain presents danger in America, the official claims, the agency cannot expedite regulation.

I'm no epidemiologist, but I'm fairly certain pandemics do not announce their arrival nor move in an orderly and predictable fashion. As usual, the tangled mess that is the federal regulatory system has blocked a crucial rule.

The big story of the day is a U.S. Chemical Safety and Hazard Investigation Board report which faults OSHA for the BP oil refinery explosion in Texas City in 2005. The report finds, despite repeated fatal accidents over the years, OSHA failed to conduct adequate safety inspections at the plant. The 2005 blast killed 15.

Read more from The Pump Handle here.



Posted by Matt Madia, 02:50:23 PM



Latest Watcher

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

Mine Safety Concerns Remain after Sago

Leaders of Finance Committee Respond to IRS Outsourcing Program






Thursday, March 15, 2007

OMB Watch Releases Report on Bush Changes to Regulatory Process

Today, OMB Watch released a full report titled A Failure to Govern: Bush's Attack on the Regulatory Process (download it here). This report outlines President Bush's recent amendments to Executive Order 12866 — Regulatory Planning and Review. The report details the potential impacts the amendments will have on federal agencies and the American public, as well as what the changes mean to democracy at large.

A Failure to Govern: Bush's Attack on the Regulatory Process






Please Protect the Food Supply ... You Know - If You Feel Like It

On Monday, the U.S. Food and Drug Administration (FDA) issued to the produce industry guidance on reducing the risk of contamination in fresh-cut fruits and vegetables. The "guidance" (regulatory lingo for "suggestion") urges the industry to develop food safety plans. The guidance is completely voluntary.

FDA's nonchalance is odd considering recent events. Highly publicized food-borne illness outbreaks — such as the E. Coli tainted spinach of 2006 and the current case of salmonella in peanut butter — have raised concern over the safety of our nation's food supply. One would think America's leading food monitor would begin to do its job with more, not less vigor.

See this Associated Press article for more.



Posted by Matt Madia, 10:32:52 AM



Tuesday, March 13, 2007

FDA Commissioner Opposes Commonsense Tobacco Bill

FDA commissioner Dr. Andrew von Eschenbach is opposed to bipartisan legislation that would allow FDA to regulate tobacco products. Sensible bills in both the House and the Senate would dramatically improve public health as it relates to tobacco products. The bill would do so by placing the tobacco industry — which currently goes unregulated — under the purview of FDA.

In a Mar. 6 interview with the Associated Press, von Eschenbach manipulates the facts in his opposition to the bill. His specious arguments are a poorly veiled attempt to side with the tobacco industry. He also claimed tobacco products are too complex for the FDA to handle. How can an FDA commissioner hold such little regard for his own agency?

One of the bills sponsors, Rep. Henry Waxman (D-CA), wrote a letter to von Eschenbach asking him to correct his various misstatements.

Your statements suggest a serious misunderstanding of the bill and appear to ignore overwhelming evidence that such regulation is necessary to address the continuing epidemic of tobacco-related death and disease.
Waxman then discredits von Eschenbach's argument point by point. Waxman's letter is a pleasure to read (as his Bush administration proddings usually are). Check this one out here.




Posted by Matt Madia, 04:01:45 PM



Friday, March 09, 2007

High-profile Opposition to Bush Regulatory Changes

The Environmental Forum, a bimonthly publication of the Environmental Law Institute, has published six opinions pieces on President Bush's changes to the regulatory process. The magazine features three opinions in favor of the changes and three opposed, including a piece by OMB Watch Executive Director Gary Bass.

Of particular concern is the opinion of John G. Knepper, Deputy General Counsel of OMB. One new amendment requires agency Regulatory Policy Officers (RPO) be presidential appointees. Knepper argues this will make those officials more accountable to Congress and the public. But the Executive Order does not require the Senate to approve the RPO. Knepper, presumably involved in the drafting of the changes, should be more forthright in his argument.

In opposition, Rep. Henry Waxman (D-CA) reinforced the common conclusion that the White House — in the face of an opposition Congress — is attempting in its last two years to leave an anti-regulatory legacy. Waxman articulates the underhanded Bush tactic with a great simile:

"Like a retreating army that mines the road behind it, the Bush administration is erecting new barriers to prevent commonsense safeguards from advancing in the next administration."




Posted by Matt Madia, 11:26:15 AM



Thursday, March 08, 2007

Johnson Continues to be Submissive on EPA Budget, but Congress Investigates

As Reg•Watch has blogged before (here and here), President Bush is attempting to further undermine EPA's ability to promulgate regulations to protect the environment by slashing the agency's budget. Administrator Stephen Johnson has inexplicably defended the cuts, towing the administration line instead of sticking up for his own agency.

In a Senate hearing yesterday, Sen. Barbara Boxer (D-CA) expressed this same concern: "To have the EPA administrator talk about how he's not really fought the cuts is very disturbing to me." (Reported in E&E Daily)

Today, the House committee on Energy and Commerce is grilling Johnson on the cuts. You can watch the hearing here. Kudos to Congress for putting up a fight where EPA hasn't.



Posted by Matt Madia, 10:58:31 AM



Wednesday, March 07, 2007

Latest Watcher

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

Bush Continues Anti-Regulatory Efforts with Industry Nominee to CPSC

Scientific Consultant Sparks Controversy over Conflicts of Interest

In Congress, No Shortage of Fuel Economy Proposals






Tuesday, March 06, 2007

One Step Closer to Less Smog

Yesterday, the EPA's Clean Air Scientific Advisory Committee (CASAC) unanimously voted on recommendations to EPA concerning ground-level ozone (or smog), according to BNA news service (subscription). CASAC voted to lower the allowable standard to between 0.060 ppm and 0.070 ppm from its current level of 0.08 ppm. CASAC purposefully used an extra digit so regulators could not manipulate the standard by rounding. And you thought you would never use significant figures after high school.

CASAC's recommendation is similar to that of an EPA staff paper released in January. The EPA should now adopt the recommendation when it revises the standard which the Clean Air Act requires EPA to do every five years.

Though based on sound science and developed by bright minds, the CASAC recommendation took some guts too. Industry has been vocal in opposing a tighter standard on smog. Also, EPA has been meddling with CASAC's ability to act independently, as a recent Senate oversight hearing uncovered.

EPA has until Mar. 2008 to make its final decision, but with this administration it's never too early to start urging administrators to prioritize science and the public interest ahead of politics and special interests.



Posted by Matt Madia, 11:21:01 AM



Monday, March 05, 2007

FDA Ignoring Medical Advice on Antibiotic Resistance

The Washington Post on Sunday ran a front page story about the FDA's pending approval of a bovine antibiotic, despite grave concerns over antibiotic resistance. Public health organizations including the American Medical Association — as well as the agency's own advisory board — warned against approval of the drug which is an important "medicine of last resort" in treating otherwise "nearly invincible infections." If the antibiotic is used on cows, resistant bacterial strains will likely develop with the ability to infect the human population. The effectiveness of this appropriately powerful drug will be severely weakened.

In the Post article, epidemiologist Edward Belongia chides the drug industry for exerting its influence:

The industry says that 'until you show us a direct link to human mortality from the use of these drugs in animals, we don't think you should preclude their use.' But do we really want to drive more resistance genes into the human population? It's easy to open the barn door, but it's hard to close the door once it's open.

As the case for reform at FDA grows, this example is merely another brick in the wall. FDA is once again showing its disregard for medical consensus and scientific integrity, and jeopardizing public health in the process.



Posted by Matt Madia, 11:17:42 AM



Thursday, March 01, 2007

Johnson Defends EPA Budget Cuts, Improves BTO Grammar

Yesterday, U.S. Environmental Protection Agency (EPA) administrator Stephen Johnson testified before a House Appropriations subcommittee on the agency's proposed FY 2008 budget. Johnson was prodded on an EPA water quality program (budget to be cut), a local enforcement initiative (budget to be cut), and the agency at large (budget to be cut), according to BNA.

Naturally, budget cuts make it more difficult for agencies to create and enforce the rules that keep our nation clean, safe, and democratic. However Johnson is optimistic: "This budget will fulfill EPA's responsibilities as guardian of our nation's environment and the taxpayers' money." Commenting on EPA air quality programs, Johnson channeled famed rock group Bachman Turner Overdrive saying, "If you think our air is clean now, you haven't seen anything yet."

In another ill-advised comment, Johnson responded to Rep. James Moran (D-VA) who questioned the administrator on endocrine disruptor (ED) research (budget to be cut). EDs are potent chemicals which can alter hormonal behavior. In 1996, Congress asked EPA to identify and test EDs, but no tests have been performed thus far. Defending the agency, Johnson said, "We have been doing the research, but there's this pesky thing called science."



Posted by Matt Madia, 02:56:47 PM



Latest Developments on Bush Changes to the Regulatory Process

OMB Watch has created a new web center to be the one-stop source for news and developments on President Bush's recent amendments to Executive Order 12866. The web center will be frequently updated with fresh insights, news from Capitol Hill, and links to media coverage.









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