Could These Corporate Failures Have Been Prevented?

By Gary D. Bass, OMB Watch
Simultaneously published May 20, 2010 in The Huffington Post
In recent months, failures at BP's Deepwater Horizon Gulf of Mexico facility injured and likely killed 11 oil rig workers and spawned an unprecedented environmental catastrophe; an explosion at Massey Energy's Upper Big Branch mine in West Virginia killed 29 miners; and a recall of millions of Toyota vehicles occurred after an acceleration defect was linked to injuries and deaths.

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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.

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Midnight Regulations List

OMB Watch has assembled this list of midnight regulations finalized during the Bush administration. If you know of additional regulations, or have additional information on efforts to undo any of these actions, please leave your thoughts in the comment section below. (Last updated Dec. 6, 2010.)

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Midnight Regulations

clockThe Bush administration rushed out a host of problematic regulations in its final months. Many of these "midnight" regulations actually represent deregulatory actions that weaken or eliminate safeguards protecting health, safety, the environment, and the public's general welfare. Now, the Obama administration and Congress bear the responsibility for undoing Bush's last minute actions.

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What is the Obama Agenda for Bush-Era Regulations?

Just hours after President Barack Obama took the oath of office on Jan. 20, new White House Chief of Staff Rahm Emanuel issued a memo setting out the Obama administration's policy for dealing with some regulations left by the administration of President George W. Bush. The Emanuel memo puts a freeze on all regulations still in the pipeline and gives agencies leeway to deal with those Bush-era regulations already finalized but not yet being implemented. However, the memo does not address most of the controversial regulations finalized by the Bush administration in its last days; these rules are already in effect and impacting the nation.

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Bush's Midnight Rule Campaign Comes to a Close

President George W. Bush and senior administration officials appear to have concluded their midnight regulations campaign, leaving the incoming Obama administration with a host of new rules it may not agree with. In the past two months, the Bush administration has finalized at least 20 controversial midnight regulations affecting everything from the environment to health care and worker rights.

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Plastics Chemical Could Remain on Market Despite Ban

Despite a clear directive from Congress, the Consumer Product Safety Commission (CPSC) says it may continue to allow the sale of children's products containing a controversial plastics chemical.

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Bush Changes to Employee Leave among First Midnight Rules

The Department of Labor has finalized a new rule that will affect the way workers take medical and family leave. It is among the first of many rules the Bush administration is expected to cement in the coming weeks.

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Midnight at the White House: Bush Using Rules to Cement Legacy

The Bush administration is working on a spate of rules it hopes to finalize before its time in power expires. The last-minute rules cover a broad range of policy, but many share a common trait: relaxing existing requirements on businesses. The Bush administration appears to be pushing to deregulate in areas like environmental protection, worker leave, and auto safety. Many of the controversial rules are expected to be finalized in the coming weeks. The administration is pushing to finalize rules in November, not January, in order to assure they cannot be undone by the next president.

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EPA to Reduce Airborne Lead, but OMB Bedevils the Details

The Bush administration recently tightened the national public health standard for airborne lead, drawing rare praise from clean air advocates. However, shortcomings in the network for monitoring lead pollution persist, and a new requirement to increase the number of pollution detectors was watered down by the White House Office of Management and Budget (OMB).

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Foreign Foods Evade FDA's Watch

The ability of the U.S. Food and Drug Administration (FDA) to monitor and police imported foods is once again under scrutiny. A public health crisis originally thought to be limited to China crept into the U.S. when FDA announced recalls of products tainted by melamine, a dangerous chemical.

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Lobbyists, Allies in Congress Work to Derail Greenhouse Gas Limits

With the support of special interest lobbyists, congressional Republicans are pushing legislation to hinder the federal government's ability to address climate change. Proposed legislation would halt early efforts by the U.S. Environmental Protection Agency (EPA) to place new limits on greenhouse gas emissions.

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Bush Administration Pushing Last-Minute Rollbacks

The Bush administration is trying to finalize several new rules, covering a range of policy issues, before a new administration takes over and despite its own policy directive. The new rules would relax the standards and enforcement of longstanding federal laws, including the Endangered Species Act (ESA).

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Secret Risk Assessment Rule Aims to Halt Worker Safety Protections

The Bush administration is trying to rush through a Department of Labor (DOL) draft rule to require new worker safety standards to be based on a new risk assessment process that would potentially tie the hands of future administrations. The new rule was sent to the Office of Information and Regulatory Affairs (OIRA) for review in secret, violating the process OIRA has insisted agencies use for rulemaking.

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Life's Value Shrinks at EPA

An Associated Press (AP) investigation released July 10 showed that the U.S. Environmental Protection Agency (EPA) has been devaluing human life when it prepares cost-benefit analyses for new regulations. Federal agencies such as EPA use the life value, an inaccurate statistic, to help them determine whether a proposal's benefits will outweigh compliance costs to industry.

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Pentagon Refuses EPA's Pollution Cleanup Orders

The nation's worst polluter, the U.S. Department of Defense (DOD), is refusing to sign enforcement agreements with the U.S. Environmental Protection Agency (EPA) that require DOD to clean up polluted sites nationwide. The military bases covered by EPA's enforcement orders may endanger public drinking water supplies as a result of the military dumping toxic pollutants at the sites.

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Congress, FDA Explore BPA Dangers

Congress and the U.S. Food and Drug Administration (FDA) have begun to further explore the dangers posed by bisphenol A (BPA) and whether to regulate its use, especially in food and beverage containers. BPA is an industrial chemical used to make hard plastic containers, such as baby bottles, and is part of the lining of food cans, where it is used to prevent metal from leaching into foods. Congress recently held a hearing and is considering legislation to limit the use of BPA. The FDA is assessing the toxicity of the chemical to help determine the risk to consumers.

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Toxic Assessment Delays Block New Standards

A House panel recently examined efforts by the U.S. Environmental Protection Agency (EPA) to study human exposure to, and toxic effects of, common industrial chemicals. EPA is not assessing enough chemicals and is taking too long to complete the assessments it does undertake, lawmakers said. Witnesses complained that without rigorous scientific studies as a foundation, federal and state agencies cannot set air and water quality standards that protect public health.

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Roof Crush Standard Flawed, Preempts State Efforts

The National Highway Traffic Safety Administration (NHTSA) has proposed a stricter federal standard for roof strength in passenger vehicles that would prohibit any action on roof safety at the state level — including damages claims brought by victims in state courts. During a June 4 Senate hearing, senators from both parties and auto safety advocates aired their complaints about the proposal.

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Ozone Standard Challenged in Multiple Court Actions

The U.S. Environmental Protection Agency's (EPA) new, stricter national air quality standard for ozone is being challenged in multiple court actions, all of which are asking a federal appeals court to review the final rule. Although the new standard, announced March 12, is an improvement over the previous standard, environmental groups, state and local governments, and business interests all have filed lawsuits hoping to force the EPA to reconsider its decision.

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