Congressmen Press EPA on Transparency

Friday, Reps. John Dingell and Bart Stupak wrote to EPA administrator Stephen Johnson asking about the agency's transparency policies. The congressmen point out that previous EPA administrators have issued memos outlining proper transparency measures for agency activity but that Johnson has not. Dingell and Stupak do not identify any specific points of opacity or examples of EPA cover-ups; but one issue piqued Reg•Watch's interest. In their final question to Johnson (to which they request responses by Dec. 17), the congressmen ask the following:

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New Database Measures Chemicals in Toys

Today, the Consumer Product Safety Commission announced another recall of a children's product for excess levels of lead. The grand total for 2007 is now 99 recalls totaling more than 16 million products, based on CPSC data compiled by OMB Watch. That is nearly six times more than the number of product recalled in 2006. While a feckless and under-funded CPSC continues to struggle with its mission to ensure product safety, another group has decided to pick up CPSC's slack. Yesterday, the Ecology Center launched a new database at HealthyToys.org.

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The Flaws of Cost-Benefit Analysis: A Case Example

Reg•Watch often complains about the flaws of cost-benefit analysis and the overemphasis policy makers place on it as a tool in decision making. However, when discussing cost-benefit analysis in the abstract, it is difficult to show the practical problems associated with its use.

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Recap of Oral Arguments in Supreme Court Preemption Case

The New York Times has a recap of the oral arguments heard yesterday by the Supreme Court in Riegel v. Medtronic. As Reg•Watch blogged yesterday, the issue is whether federal regulation preempts state common law claims against medical device manufacturers.

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Study Proves No Need for Conflicted FDA Panel Members

In March, FDA issued draft guidelines that would revise its criteria for determining whether scientific advisory committee members have financial conflicts of interest. FDA advisory committees are standing panels comprised of individuals considered experts in a particular field. They provide advice to FDA on matters such as drug and medical device safety.

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High Court Hears Preemption Arguments

A case being argued before the Supreme Court today could affect the way consumers seek redress from companies when harmed by faulty drugs or medical devices. The case, Riegel v. Medtronic, "was brought by the family of a New York man who suffered severe medical complications when a balloon catheter burst during a procedure to clear his arteries," according to The Los Angeles Times. Medtronic is arguing federal regulations serve as a shield which protects it from tort claims. Since FDA approved the medical device, Medtronic believes it bears no responsibility for injuries caused by its use.

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From Industry, a Big Push for Bad Regs

In September, Reg•Watch blogged about a New York Times article highlighting a recent trend in which businesses are asking the federal government to regulate them. In some cases, the businesses' intentions seem good. In other cases, the requests may be nothing more than political maneuvering. An article in yesterday's Times revisits the latter of those two cases:

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Draft Guidance Would Create Drug Approval Loophole

An investigation by the House Oversight and Government Reform Committee shows that FDA is considering a new policy (which would take the form of a draft guidance document) that would allow drug companies to market unapproved use of pharmaceuticals by distributing journal articles. In a letter to FDA Commissioner Andrew von Eschenbach, Chairman Henry Waxman (D-CA) explains the problem:

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Politically Altered Endangered Species Decisions Will Be Revised

The U.S. Fish and Wildlife Service (FWS) will take a second look at seven endangered species decisions made by a former senior official, Julie MacDonald. MacDonald resigned her post in April after the Department of the Interior, of which FWS is a part, discovered she had been allowing political considerations to taint species protection decisions.

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Latest Analyses from OMB Watch

Every two weeks, in OMB Watch's e-newsletter The Watcher, we analyze a few recent issues in regulatory policy. Here are the articles from the November 20 issue: More of the Same: Import Safety Panel Leaves Business in Charge The Bush administration's cabinet-level Interagency Working Group on Import Safety released its final report Nov. 6 on ways to improve the safety of food and consumer products imported into the U.S. The report calls for limited increases in some federal agencies' responsibilities but does little to change the current voluntary regulatory scheme for imports. Read more...

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