Former EPA Official Sheds Light on Problems with White House Review of Rules and Standards
May 21, 2013
Recent reflections of a former executive agency official illustrate the troubling role the White House Office of Information and Regulatory Affairs (OIRA) plays in reviewing all agency rules before they can be issued. In a new article, Lisa Heinzerling shares her perspective on OIRA review during her tenure at the U.S. Environmental Protection Agency (EPA). Notably, Heinzerling gives a first-hand account of how the White House interacts with agencies regarding rules, contradicting the story being told by former OIRA Administrator Cass Sunstein and challenging the unrecognizably rosy picture of rule reviews he spins. Indeed, Heinzerling identifies a number of problems with OIRA, including significant delays and a lack of transparency, that resonate with health and safety advocates.
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Food Safety Rules the Latest to be Weakened During Regulatory Review
Apr 8, 2013
Recently disclosed documents show that the Office of Information and Regulatory Affairs (OIRA) weakened a proposed Food and Drug Administration (FDA) food safety rule. During the regulatory review process, OIRA removed important safety testing requirements from the "preventative controls" rule, which were intended to prevent foodborne pathogens from entering the food supply. Unfortunately, this is nothing new. OIRA has a long track record of changing the draft rules it reviews, often weakening them to appease regulated entities. In this case, the public was made aware of the rule revisions only because FDA followed the requirement to disclose changes made during OIRA review.
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Former Office of Information and Regulatory Affairs Administrator Paints Unrecognizably Rosy Picture of Rule Reviews
Mar 12, 2013
Cass Sunstein, former Office of Information and Regulatory Affairs (OIRA) Administrator, recently penned an article, "OIRA: Myths and Realities," which purports to explain what OIRA really does when it reviews proposed and final rules submitted by agencies under Executive Orders 12866 and 13563. Sunstein's claims differ greatly from what agencies and public interest advocates say happens behind closed doors at OIRA.
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Disclosure at the Office of Information and Regulatory Affairs: Written Comments and Telephone Records Suspiciously Absent
Feb 26, 2013
In 1981, President Reagan signed an executive order charging the Office of Information and Regulatory Affairs (OIRA) with reviewing all economically significant rules and rejecting those that did not pass a strict cost-benefit test. Supporters of environmental, consumer, and worker protection standards have long criticized the office for failing to make its analyses public. Moreover, the office has a reputation for meeting with industry interests behind closed doors and for engaging in intrusive back-and-forth exchanges with agencies over proposed rules. This often results in the office delaying, watering down, or blocking new standards and safeguards.
read in fullAnti-Regulatory Attacks Coming in Both the House and Senate
Nov 8, 2011
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.
read in fullTime to Take Regulations Seriously: How Legislative Sleight-of-Hand is Being Used to Undermine Public Protections
Sep 27, 2011
When the 112th Congress convened, it agreed to a rule that, barring emergencies, no bill would be voted on until its text had been publicly available for three days. Recently, however, anti-regulatory legislators have become adept at using amendments and seemingly innocuous provisions to attempt to undercut long-standing safeguards without providing sufficient time for debate and discussion of the implications of their actions. These tactics threaten public protections and the legislative process itself.
Obama's Regulatory Reforms Protect the Status Quo
Jan 25, 2011
On Jan. 18, President Obama issued a long-awaited executive order on the regulatory process and two related presidential memoranda. The order and the memos are aimed at reaffirming the existing regulatory process rather than significantly reforming it. The most impactful of the three documents is likely to be the memo on regulatory compliance, which stems from the administration's commitment to greater government accountability.
OMB Watch Comments on Obama Regulatory Reform Package
Jan 18, 2011
WASHINGTON, Jan. 18, 2011—The Obama administration today released three documents aimed at reforming some aspects of the regulatory process. Two of the actions, an executive order and a memorandum on small businesses and job creation, reaffirm existing approaches that have been in place for decades. Another memorandum seeks greater government accountability by directing agencies to disclose more regulatory compliance information. OMB Watch believes that while the reform package ushers in some positive policy measures, it also contains some problematic language and reinforces false notions regarding job creation and strong public protections.
read in fullReport Finds Regulatory Process Changes Stalled at Midterm Point of Obama Administration
Jan 6, 2011
WASHINGTON, Jan. 6, 2011—Today, OMB Watch released the third and final report in a series on public protections and the Obama administration. The new report, The Obama Approach to Public Protection: The Regulatory Process, finds that although the Obama administration's overall regulatory philosophy is strikingly different from that of the previous administration, promised changes to the federal regulatory process have stalled out.
Commentary: Changes to Coal Ash Proposal Place Utility's Concerns above Public Health
Jun 2, 2010
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.
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