WASHINGTON, May 13, 2009—On May 12, the Senate Homeland Security and Governmental Affairs Committee held a hearing on the nomination of Cass Sunstein to be administrator of the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB). A highly respected academic, Professor Sunstein has authored a number of provocative writings on regulation and the regulatory process. His hearing was the first opportunity to hear how he would implement President Barack Obama's regulatory agenda.

Approximately 170 groups and individuals submitted comments for the Obama administration to consider as it begins reshaping or retaining the current regulatory structure. Although they varied significantly in many details, the comments reflect a familiar split between business interests and public interests that has characterized the regulatory debate for years.

The U.S. Supreme Court recently ruled 6-3 that the U.S. Environmental Protection Agency (EPA) can weigh costs against benefits under parts of the Clean Water Act. The court said EPA was not required to impose the most environmentally protective requirements on power plants that inadvertently kill millions of fish.