On Dec. 11, 2006, the Bush administration released the Fall 2006 Unified Agenda, a semi-annual report on agency accomplishments of the past six months as well as a look at the next six. The administration also released the 2007 regulatory plan, an annual statement of the regulatory priorities of each agency.

Needed Protections Continue to Languish

The Regulatory Plan and Unified Agenda both highlight how agencies have failed to make progress on important regulations such as reducing workers' exposure to crystalline silica or upgrading energy efficiency standards, both of which are listed priorities in the year's plan.

The agency completed a small business analysis for the crystalline silica rulemaking in 2003 but has yet to begin writing the rule. Despite readily admitting in the Unified Agenda that "over two million workers are exposed to crystalline silica dust in general industry, construction and maritime industries," OSHA plans to conduct yet another risk assessment in 2007, delaying completion of the rule even further.

The Department of Energy (DOE) plans to issue new energy efficiency standards in 2007. These priorities, however, come only after the Natural Resources Defense Council, 15 states and several low-income consumer groups sued to force DOE to set new standards, many of which had not been updated in over a decade. For instance, DOE was legally required to update the energy efficiency standards for dishwashers and commercial clothes washers in 1997.

Other regulations in the plan that are long overdue include:

• Rules proposed after the outbreak of mad cow disease to keep potentially hazardous materials out of the food supply.
• Implementation of the 2002 Bioterrorism Act requirement for prior notification for imported food.
• Upgrades to roof crush resistance for SUVs.

Christmas Gifts for Special Interests

What is even more troubling about the 2007 regulatory plan is the return of some industry favorites that aim to rollback health, safety and environmental standards. The introduction to the regulatory plan lists four regulatory priorities, none of which are concerned with protecting public interests. Instead, the administration has chosen to revive the anti-regulatory hit lists compiled during its first term. In 2001 and 2002, the White House solicited comments on regulations to be "reformed" or repealed. Unsurprisingly, the vast majority of the suggestions came from industry. In 2004, the administration again solicited suggestions, this time for regulations that negatively impacted the manufacturing sector. Despite encouragement from the White House, agencies have not acted on many of the suggestions, much to the chagrin of business interests.

Agency priorities for 2007 include many hit list nominations, including changing the Family and Medical Leave Act and weakening inspection requirements for Listeria bacteria in ready-to-eat meats.

While long-overdue public protections continue to languish on agency agendas, repeals and rollbacks of regulation that favor industry continue to remain high priorities. The 2007 regulatory is likely a sign of things to come. With Congress in the hands of the Democrats, the administration may seek more administrative solutions than it has in the past.