Changes at OIRA; Obama Nominee Announced

Wednesday, Reg•Watch blogged about President Bush's decision to appoint Susan Dudley as the acting administrator of the Office of Information and Regulatory Affairs — the White House office in charge of clearing federal regulations. Dudley has been the administrator since 2007, but her recess appointment expired, forcing Bush to give her "acting" status.

Reg•Watch speculated that Dudley may end up serving in an Obama administration; but BNA news service reports that Dudley will indeed resign effective Jan. 20, the day President-Elect Obama is inaugurated.

Her likely replacement will be Cass Sunstein, a well-know academic from Harvard and previously the University of Chicago (where he and Obama grew to be friends). News reports indicate Obama will nominate Sunstein to head the regulatory arm of the White House.

Sunstein is widely published and regarded as an intellectual heavy weight. But some of his writings raise concern over his appropriateness to lead an office that can ultimately control the outcome of health, safety, and environmental regulations.

The title of an October 2008 law review article written by Sunstein asks, "Is OSHA Unconstitutional?" Sunstein uses the article to advance the theory that the Occupational Safety and Health Act gives the Labor Department undue authority to promulgate health and safety regulations.

In a July 2008 Boston Globe opinion piece critiquing the precautionary principle, Sunstein forewarns against greenhouse gas emission regulation in a way that sounds downright conservative: "A high tax on carbon emissions would impose real risks - including increased hardship for people who can least afford it and very possibly increases in unemployment and hence poverty. A sensible climate change policy balances the costs and benefits of emissions reductions." How will that theory jibe with Obama's pledges to curb emissions — regulations that would likely need to be cleared by OIRA?

On the other hand, in an April 2008 opinion piece, Sunstein recognizes the severity of climate change and calls for government, and society as a whole, to act. He calls for increased emissions disclosure and even expresses support for a carbon tax: "A carbon tax not only helps solve the climate change problem, it also can be a source of revenue that could be used to lower other taxes, improve education or solve other social problems."

More on the Sunstein nomination next week.

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