New Posts

Feb 8, 2016

Top 400 Taxpayers See Tax Rates Rise, But There’s More to the Story

As Americans were gathering party supplies to greet the New Year, the Internal Revenue Service released their annual report of cumulative tax data reported on the 400 tax r...

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Feb 4, 2016

Chlorine Bleach Plants Needlessly Endanger 63 Million Americans

Chlorine bleach plants across the U.S. put millions of Americans in danger of a chlorine gas release, a substance so toxic it has been used as a chemical weapon. Greenpeace’s new repo...

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Jan 25, 2016

U.S. Industrial Facilities Reported Fewer Toxic Releases in 2014

The Toxics Release Inventory (TRI) data for 2014 is now available. The good news: total toxic releases by reporting facilities decreased by nearly six percent from 2013 levels. Howe...

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Jan 22, 2016

Methane Causes Climate Change. Here's How the President Plans to Cut Emissions by 40-45 Percent.

  UPDATE (Jan. 22, 2016): Today, the Bureau of Land Management (BLM) released its proposed rule to reduce methane emissions...

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The Sunset Commission Would Promote More Cronyism in Washington

Rather than establishing an objective means for evaluating and reorganizing government, the sunset commission proposal would open the door to more backroom lobbying by special interests and close the door to public participation.

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Sunset Commission Threatens Separation of Powers

By placing broad reorganization authority in an unelected body chosen by the White House and muzzling congressional debate on reorganization or termination recommendations, the sunset commission proposal would usurp the authority of democratically elected representatives and override the constitutional separation of powers.

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It's Not Only Cream That Rises to the Top

BNA's Daily Report for Executives is reporting that Don Arbuckle, acting administrator of OIRA, is leaving that post June 2 to teach at the University of Texas. His replacement as acting administrator: John Morrall. Learn more about Morrall's handiwork here:
  • Anti-Regulatory Studies Found Deceptive
  • Lisa Heinzerling, "Regulatory Costs of Mythic Proportions," 107 Yale L.J. 1981 (1997-98).
  • Cost-benefit analysis: still so very wrong

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OIRA Meddling - Another Reason It's Legally Iffy

("Legally iffy" is a technical term of art, of course.) On the heels of the Heinzerling article making the case against OIRA meddling from an admin law perspective, an article by Cardozo law prof Kevin Stack tackles OIRA meddling from a different starting point: statutory interpretation. Here's a look: In our constitutional system, the significance of the President's assertions of statutory powers should come as no surprise.

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The "Sound Science" Smokescreen

Be sure to check out the new Knight-Ridder piece examining the strategic deployment of the term "sound science" to achieve decidedly political aims. Here's a taste: The Bush administration, senators, industrialists and farmers repeatedly invoke the term "sound science" to delay or deep-six policies they oppose and dismiss criticism of those they favor.

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Sunset Commissions Could Be Folded Into Budget Process Reform

Hill sources indicate that sunset commission proposals could move through the House by riding onto a package of budget process reforms. Ever since the revelation that House leadership conceded to the Republican Study Committee's demands for a guaranteed floor vote on sunset commission proposals, the key question for many has been what legislative vehicle will be used to fulfill that promise.

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OIRA Meddling Leaves Agencies Vulnerable in Court

OIRA's meddling in regulations has already been dealt with fairly extensively in the context of separation of powers and the imperial presidency, but CPR member scholar Lisa Heinzerling now has a (characteristically brilliant) law review article framing OIRA's interference as an admin law problem: In recent years, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) has asserted a remarkable degree of authority over administrative agencies’ rulemaking processes. One of the ways in which OIRA has exercised

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Backgrounder: Federal Programs on the Chopping Block

Learn more about the sunset commission proposals with this three-page backgrounder which walks through the technical details of the proposals. Download the backgrounder, "Federal Programs on the Chopping Block: Radical Proposals for 'Sunset Commissions' Set to Move in the House." Or click here for a quick one-page overview of the threat.

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Industry-Funded Scientists Flood FDA Advisory Panel

A science advisory panel for FDA is scheduled to consider new labeling guidelines for blood pressure control drugs tomorrow. Yet, according to information compiled by the Center for Science in the Public Interest, three-fourths of the 12-member panel received conflict of interest waivers. Many of those conflicts of interest relate directly to the issues of drug labeling to be discussed by the panel.

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Resources & Research

Living in the Shadow of Danger: Poverty, Race, and Unequal Chemical Facility Hazards

People of color and people living in poverty, especially poor children of color, are significantly more likely...

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A Tale of Two Retirements: One for CEOs and One for the Rest of Us

The 100 largest CEO retirement funds are worth a combined $4.9 billion, equal to the entire retirement account savings of 41 percent of American fam...

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