Notice and Comment

Articles & Analysis

Anti-Regulatory Attacks Coming in Both the House and Senate

While most Congress watchers have been focusing on the work of the Super Committee, anti-regulatory activists in both the House and the Senate have been working hard to undercut some of the most important safeguards that protect Americans.

Rules to Watch for in 2011

Federal agencies have released their rulemaking agendas for 2011, providing the public with a roadmap of the health, safety, and environmental safeguards it can anticipate in the new year.

Commentary: Changes to Coal Ash Proposal Place Utility's Concerns above Public Health

An internal administration document shows the U.S. Environmental Protection Agency (EPA) may have weakened a proposal to regulate toxic coal ash at the behest of the Tennessee Valley Authority (TVA), owner of a Kingston, TN, power plant where a dam break spilled 5.4 million cubic yards of coal ash in 2008.

Commentary: White House Misadventures in Coal Ash Rule

Developments behind the scenes of a new EPA proposal to regulate coal ash undermine several core tenets of the Obama presidency, conflict with pledges to reform the way government works, and expose the flaws in a regulatory process that too often does not do enough for the public.

At Agencies, Open Government and E-Rulemaking Go Hand in Hand

Several agencies are highlighting their rulemaking activities as part of the Obama administration's push to improve government transparency and public participation. The Department of Transportation (DOT), U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), and Department of Labor (DOL) all recognized the importance of regulation by including rulemaking and regulatory innovations in their Open Government Plans.

Hundreds of Rules May Be Void after Agencies Miss Procedural Step

Regulatory agencies are routinely violating federal law by not submitting final regulations to Congress, according to a recent Congressional Research Service (CRS) report. Any rule agencies have not submitted to Congress could be susceptible to a lawsuit.

EPA to Overhaul Air Pollution Standards

The U.S. Environmental Protection Agency (EPA) will revise existing standards for six major air pollutants, according to top agency officials. The changes could yield major public health benefits.

Agencies and Courts Beat Congress to the Punch in Climate Change Fight

Unprecedented regulatory proposals and a paradigm-shifting federal court ruling are converging to put big polluters on the hook for their contributions to global warming. The developments raise the stakes for Congress as it considers whether to curb greenhouse gas emissions and how to do so.

EPA to Emphasize Environmental Justice Issues

The U.S. Environmental Protection Agency (EPA) publicly committed to emphasizing environmental justice issues at a recent meeting of the agency's National Environmental Justice Advisory Council (NEJAC). EPA officials, including Administrator Lisa Jackson, described to the council ways in which the agency intends to reflect environmental justice concerns in the future as EPA formulates rules and emphasizes enforcement.

OMB Watch Calls for E-Rulemaking Reforms

On July 2, 2009, OMB Watch made the following comments as a contribution to the Obama administration’s Open Government Initiative. The comments were posted here: http://mixedink.com/OpenGov/ERulemaking.