EPA Takes Positive Action on Pressure-treated Lumber

Monday, EPA rejected calls from industry to allow the use of a chromium based substance in pressure-treated lumber. The chemical, acid copper chromate (ACC), contains a known carcinogen, hexavalent chromium. This decision is a continuation of a positive trend EPA began in 2004 when the agency banned arsenic from pressure-treated lumber. Kudos to citizens and public interest groups such as Environmental Working Group who called for the ban on ACC; and thanks to EPA for preserving the safety of a product so common in our everyday lives. Read Washington Post coverage of the issue here.

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Will Congress Stick with PAYGO?

On Jan. 5, the House took a significant step in the direction of fiscal responsibility, adopting pay-as-you-go (PAYGO) budget rules by a 280-152 margin. PAYGO rules bar consideration of legislation including tax cuts or entitlement expansions that would have the net effect of increasing the deficit. While a necessary step toward putting the country back on the right fiscal path, PAYGO rules may make fulfilling the policy goals of the new Democratic Congress significantly more difficult to achieve.

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Court Upholds Wisconsin Group's Right to Air Grassroots Lobbying Ads

On Dec. 21, 2006, in a victory for grassroots lobbying rights, a federal court ruled that three radio ads Wisconsin Right to Life (WRTL) wished to broadcast in the months before the 2004 election should have been allowed because they did not expressly advocate election or defeat of a federal candidate. The 2-1 decision held that a campaign finance rule banning broadcasts referring to a federal candidate aired during the campaign is unconstitutional as applied to WRTL's lobbying ads, but limited its ruling to the facts of this case. The Federal Election Commission (FEC) and sponsors of the Bipartisan Campaign Reform Act of 2002 (BCRA) appealed to the U.S. Supreme Court and joined in WRTL's request to expedite the case.

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Pelosi Pellucid: Tax Hike for the Wealthy on the Table

The Democrats are at great pains not to confirm the hysterical GOP midterm warnings that Pelosi & Co. would tax-and-spend like there was no yesterday. But commentators like Robert Kuttner and Paul Krugman, and others have urged a re-examination of ways to raise revenue for domestic needs Democrats have promised to address, raising the dread specter of tax increases. To the surprise of many, Nancy Pelosi declared on CBS's "Face the Nation" on Sunday that she too is considering raising revenue by repealing tax cuts on taxpayers making over $500,000 a year:

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EPA: Home for the Holidays

While legislators were leaving Washington and families across America spent time celebrating the holidays, the U.S. Environmental Protection Agency (EPA) continued to issue rules and contemplate regulations. Several issues received little attention from media and lawmakers despite their potentially significant impact on the nation’s public health and welfare. Here is a brief summary of some of EPA's work during late December and early January.

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House Begins Session with New Process Rules

On Jan. 5, the House approved new rules covering civility, legislative process and fiscal responsibility, the second of two rules packages in as many days that the Democrats passed since taking over the chamber. The new rules should help restore some transparency, fiscal responsibility and fairness to the legislative process in the House and represent an important first step in restoring faith in the congressional process. But further reforms are still warranted.

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OIRA Back Door Open to Dudley?

Susan Dudley is likely to be named as a senior consultant in OMB's Office of Information and Regulatory Affairs (OIRA), according to a BNA story published Jan. 8. If true, Dudley would be in a position to influence OIRA decisions about regulations across all government agencies. Dudley was nominated by President Bush in 2006 to be the administrator of OIRA to replace John Graham, who resigned in February of that year. Thanks to widespread opposition from the public interest community, Capitol Hill, and individuals, the Senate failed to hold a vote on her nomination before the end of the 109th Congress because she lacked sufficient support in committee.

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EPA Library Closures on Hold

The U.S. Environmental Protection Agency (EPA) has performed an about-face on its plan to close numerous libraries run by the agency. EPA has closed five regional libraries but has announced that the agency will not close any of its remaining 22 libraries until it can present its plan to Congress.

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House Imposes New Ethics Rules

On Jan. 4, even before debate began on the Democrats' promised first 100 hours agenda, the House, by a 430-1 vote, approved rules changes aimed at ending the "culture of corruption" of the past Congress. The changes address relations between lobbyists and members of the House and are meant to curb abuses revealed in last year's scandals involving convicted lobbyist Jack Abramoff and several members of the House. On the next day, the House approved additional rules changes.

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Chemical Security Program Leaves the Public Vulnerable

On Dec. 28, 2006, the Department of Homeland Security (DHS) issued an interim final rule for the creation of a chemical facility security program. However, the program appears to provide little means for increasing security and shrouds important assessments in a veil of secrecy that will prevent any public accountability or oversight.

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