Beginning Steps toward a Regulatory Reform Agenda: Regulatory News in 2009

In 2009, the Obama administration took steps toward rebuilding the federal government's ability to protect public health, workplace safety, and environmental quality. President Obama set out key principles to guide the administration's actions on transparency, regulatory reform, and scientific integrity. He appointed well qualified agency heads who reversed or halted many harmful regulations from the prior administration. In doing so, the president has created expectations for a renewal of government's positive role. The most vexing problems, however – changing a dysfunctional regulatory process and restoring badly needed resources to agencies – remain major hurdles.

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New OIRA Staffer Calls Attention to Office’s Role

The White House Office of Information and Regulatory Affairs (OIRA), the clearinghouse for federal regulations, has brought in a conservative economist, Randall Lutter, to review regulatory proposals from agencies. The move has upset OIRA critics and unnerved those who interpret Lutter's past writings as a sign of his views on public health and environmental regulation. Those working inside government and those who know him argue that the criticisms of Lutter, a civil servant on temporary assignment to OIRA, are unfair.

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Study Reveals the Focus on Lobbyists Could be Flawed

According to a study conducted by OMB Watch and the Center for Responsive Politics (CRP), 1,418 federally registered lobbyists "deregistered" with Congress in the second quarter of 2009 (between April and June). This is a considerably higher rate than that seen in the average reporting period, when a few hundred lobbyists terminate their active status. The groups cautioned that this finding does not necessarily mean that the Obama administration's policies on lobbyists are leading to fewer outside influences on government policy, or that those policies are creating more transparency.

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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.

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OMB Role in EPA Chemical Program Questioned

The White House Office of Management and Budget (OMB) has repeatedly inserted itself in the development of a U.S. Environmental Protection Agency (EPA) program designed to study the effects of chemicals on human and animal endocrine systems.

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Fractured Nomination Process Leaves Regulatory Posts Vacant

Senate Republicans are blocking several of President Obama's nominees – often for reasons unrelated to the position – resulting in vacancies at the Department of Labor, U.S. Environmental Protection Agency, Department of Justice, and elsewhere. In addition, the Democratic leadership has not often combated Republican tactics, as nominations have slipped down the list of Senate priorities.

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White House Moves to Limit Lobbyists on Federal Advisory Committees

The White House announced Sept. 23 that it informed executive branch agencies and departments that federally registered lobbyists are not to be appointed to federal agency advisory boards and commissions. This is the latest attempt at removing the influence of federally registered lobbyists within the executive branch.

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Sunstein Confirmed as Obama's Regulatory Chief

On Sept. 10, the Senate confirmed Cass Sunstein as the administrator of the White House Office of Information and Regulatory Affairs (OIRA). Sunstein's nomination had been stalled by several senators who were concerned about the nominee's views on such issues as animal rights and citizens' right to bear arms. The Senate confirmed Sunstein by a 57-40 vote.

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OMB Watch Statement on Cass Sunstein's Senate Confirmation

WASHINGTON, Sept. 10, 2009—On Sept. 10, the Senate confirmed Cass Sunstein as the administrator of the White House Office of Information and Regulatory Affairs (OIRA). OIRA is a small but powerful office that reviews regulations and approves government forms and surveys that require the public to divulge information. The Senate confirmed Sunstein by a 57-40 vote.

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Forged Letter Scandal Highlights Need for Greater Disclosure

In June, Rep. Tom Perriello (D-VA) received a letter that was supposedly authored by Creciendo Juntos, a nonprofit group in his district. The letter urged him to oppose the American Clean Energy and Security Act, a bill designed to combat climate change. Perriello's office also received similar letters on letterhead from the local NAACP chapter. These letters turned out to be fake; they were sent by a lobbying firm hired by a trade group representing coal producers and power companies. Government ethics and transparency watchdog organizations responded, saying that using forged letters as part of a lobbying campaign is outrageous misconduct that harms the legislative process and highlights the need for increased disclosure.

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