Time to Take Regulations Seriously: How Legislative Sleight-of-Hand is Being Used to Undermine Public Protections

When the 112th Congress convened, it agreed to a rule that, barring emergencies, no bill would be voted on until its text had been publicly available for three days. Recently, however, anti-regulatory legislators have become adept at using amendments and seemingly innocuous provisions to attempt to undercut long-standing safeguards without providing sufficient time for debate and discussion of the implications of their actions. These tactics threaten public protections and the legislative process itself.

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Administration Fumbling Toward Scientific Integrity

The Obama administration's efforts to protect scientific integrity moved forward recently with the submission of five finalized agency policies and 14 draft policies, but progress has been slow and haphazard. The administration recognizes that sound, uncensored science is critically important to protecting public health and the environment. The administration also understands that agencies should foster a culture of scientific integrity that includes effective policies and oversight to protect science from political manipulation and research misconduct. However, it has yet to undo the damage wrought by the previous administration.

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Clean Air Rules Draw Support from Scientists, Industry Groups, and Public Health Advocates but Are Still Questioned by Powerful Interests

The U.S. Environmental Protection Agency (EPA) has drafted several new rules designed to reduce emissions of harmful air pollutants and improve public health, but some of the standards still await final approval. Environmental and public health advocates have applauded the tougher standards, and a number of industry groups have said they are well positioned to comply with the new rules. The rules will provide businesses with the regulatory certainty that firms say they need to invest in modern pollution-control technologies. Moreover, major power and energy companies say that these new standards will yield important economic benefits.

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Witnesses at Senate Hearing Examine Regulatory Change Proposals

On July 20, a panel of experts and advocates told the Senate Homeland Security and Governmental Affairs Committee their views on the many proposals to alter the regulatory process. Disagreements revolved around the economic impacts of public protections and whether legislative action on regulation is necessary.

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CPSC Approves Lower Lead Limit for Children's Products, but Divided Commission Faces Hurdles

The U.S. Consumer Product Safety Commission (CPSC) recently adopted a new standard that reduces the amount of lead allowed in children's products, providing a clear health benefit to American families. In voting July 13 to implement the lowest limit prescribed by statute, the 3-2 majority drew hostile objections from minority members. Such clashes are familiar to CPSC and could have implications for product safety in the future.

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ExxonMobil's Pipeline Spill is a Revelation

On July 1, an estimated 42,000 gallons of crude oil poured out of ExxonMobil's Silvertip pipeline and into the Yellowstone River in Montana. Significant accumulations of oil have been found more than 40 miles downriver, and traces of oil have floated twice as far. While the cause of the spill has not been determined, speculation has centered on high river waters that could have exposed the pipe to damage.

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Proposed Congressional Changes to the Regulatory Process Unnecessary

On June 23, several senators outlined proposals for revamping the regulatory system, a system they blame for the nation's economic problems despite evidence to the contrary. Cass Sunstein, administrator of the White House Office of Information and Regulatory Affairs (OIRA), told the senators that the proposals were largely unnecessary and could have harmful unintended consequences.

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U.S. Chamber of Commerce Advances the Attack on Regulations

The U.S. Chamber of Commerce (the Chamber) continues to attack public protections and will advance the anti-regulatory community’s agenda with a series of planned public events across the country later in 2011.

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Obama Administration Weighing Rules to Keep or Repeal

On May 18, the Obama administration is expected to take the next step in its process for reviewing federal regulations. Agencies and the White House sit at an important crossroads: will they defend existing regulatory safeguards or weaken rules in an attempt to appease special interests?

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Push to Cut Oversight of Businesses Roils Senate

Sen. Olympia Snowe (R-ME) is pushing legislation that would make it more difficult for government agencies to set health, safety, environmental, and economic standards that protect the American people. Snowe is using the debate over her bill to reinforce untrue stereotypes about regulation's impact on the economy.

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