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.

OMB Watch and Public Citizen released a report, The Cost is Too High: How Susan Dudley Threatens Public Protections, documenting Dudley's extreme views based on her writings and comments as a scholar at the Mercatus Center, an industry-financed, anti-regulatory think tank. Opposition also arose over potential conflicts of interest because her husband has responsibility for regulatory issues at EPA. Her nomination signaled an attempt by Bush to push further the anti-regulatory agenda that Graham started as OIRA administrator from 2001-2006.

If Bush names Dudley to such a senior consultant position, it would be another example of his actions not matching his rhetoric on the importance of bipartisanship. The opposition to Dudley may have prevented Bush from making a recess appointment after the 109th Congress adjourned in December, but a decision to bypass the nominating process altogether is a figurative finger in the eye to the new Congress. Rather than offering a candidate with less extreme views about the regulatory process and seeking a compromise nominee, Bush would, if he pursues this appointment, be continuing his "my way or the highway" approach to congressional relations, albeit by backdoor methods.

According to the BNA story, Dudley would be an advisor to the current acting administrator, a position she could hold for the remainder of the Bush presidency. This might also be a temporary assignment as Bush could still make a recess appointment to make her the administrator, allowing her to serve until the end of his administration. There are few congressional recess days scheduled as a strong work ethic has been embraced by the Democrats. Civil service law might also allow moving Dudley from the senior advisor role to acting administrator, but her time in that position would probably be limited.