Sunstein’s “Simpler Government” Is Legally Suspect, Overly Secretive And Politically Unaccountable

By Lisa Heinzerling
Originally posted on Think Progress

In his new book, “Simpler: The Future of Government,” Harvard law professor Cass Sunstein writes about his nearly four years as President Barack Obama’s “regulatory czar.” As the Administrator of the Office of Information and Regulatory Affairs (known as “OIRA”) within the Office of Management and Budget, Sunstein oversaw the regulatory output of the many agencies of the executive branch. Rules on worker health, environmental protection, food safety, health care, consumer protection, and more all passed through Sunstein’s inbox.

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An Agenda to Weaken Protections

Agencies released today the Fall 2006 Unified Agenda and Regulatory Plan, which sums up the work of the last six months and sets priorities for the coming year. Unfortunately, this year's regulatory plan has a few too many familiar faces. Agencies have failed to make progress on important regulations such as reducing worker's exposure to crystalline silica or upgrading energy efficiency standards. What's even more troubling about the Bush's regulatory plan for 2007 is the return of some industry favorites that aim to rollback health, safety and environmental standards.

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Latest Watcher

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

Supreme Court Wades Through Decision on Climate Change

FDA Negotiates Increase in Drug Industry User Fees

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Good News on Dudley

According to the Federal Times, the Dudley nomination may be indefinitely on hold:

The nomination of President Bush’s controversial pick to head the government’s regulatory policy office is dead, according to a leading Republican senator.

Sen. Susan Collins, R-Maine, who chairs the committee considering the nomination, said she decided not to bring the nomination of Susan Dudley to a vote this month by the Homeland Security and Governmental Affairs Committee.

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NRDC Wins Battle to Raise Energy Efficiency Standards

After years of the Department of Energy dragging its feet on producing new energy efficiency standards for appliances, the Natural Resources Defense Council, two low-income consumers groups and 15 states have forced the agency into action through a settlement issued November 13. The lawsuit contended that the Department of Energy was as much as 13 years behind on issuing new standards. Now, under court order, the DOE will be forced to issue new energy efficiency standards on a strict timetable.

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USDA Backs Away from Animal ID System

Prompted by pressure from industry, USDA has backed away from requiring ranchers to ID livestock in a federal database. The database was proposed last year in order to allow the agency to quickly track and stop the spread of disease between animals as well as disease spread from animals to humans. Currently, 23 percent of farms are voluntarily registered in the program.

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More Oversight in the Next Congress?

The new Cindy Skrzycki column bodes well for federal oversight in the next Congress:

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.

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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.

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Dudley Hearing this Monday Nov. 13

Susan Dudley will face questioning from the Senate's Homeland Security Government Affairs Committee this Monday at 2:30 pm. You can watch the hearing live on C-Span3. Check the C-Span schedule for time or channel changes.

There's still time to tell your Senator to oppose Dudley's nomination.

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Harnessing Technology for the Public Good

Scientists at Rice University announced last week that they had discovered a cheap and effective way to remove arsenic from drinking water. While the technology is still years away from application in water systems, it provides an exciting example of how technology can be harnessed to provide solutions to public health and safety problems.

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