A Solution in Search of a Problem

OMB claims that agencies are using general policy statements, handbooks, manuals, compliance guides, nonlegislative rules, and other informal matter as a vehicle for policy edicts that should go through the APA’s notice-and-comment rulemaking process. Instead of addressing what could be the underlying causes of resorting to subterfuge rulemaking, OMB throws the baby out with the bathwater by adding new burdens to the production of information that the public needs.

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Statement on Sago Mine Disaster

By Robert Shull and Gary Bass
The deadly mine disaster that took place in Sago, West Virginia represents an enormous tragedy. It is now natural to wonder not just whether the mining company provided adequate protections for workers but also whether the federal government has done enough. If recent history is any guide, those answers aren't likely to reassure the public.

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More on Coal Mine Safety

Many people are glued to their sets, watching CNN's coverage of the West Virginia coal mine accident and rescue efforts. At such times, it always makes sense to ask whether the federal government is doing enough to protect workers in this dangerous industry. Find out for yourself, with this compilation of items withdrawn from the Mine Safety and Health Administration's agenda for action.

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Public Data Show Chemicals in Tap Water

So what's in your water? The Environmental Working Group knows: Drinking water may have a lot more in it than just H20 and fluoride, according to an environmental group's analysis of records in 42 states. A survey by the Environmental Working Group released on Tuesday found 141 unregulated chemicals and an additional 119 for which the Environmental Protection Agency has set health-based limits. Most common among the chemicals found were disinfection byproducts, nitrates, chloroform, barium, arsenic and copper.

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Deadline Extension for Comments

Download OMB's notice extending the deadline for comments from 12/23 to 1/9.Download OMB's notice extending the deadline for comments from 12/23 to 1/9.

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More on Cable a la Carte

National Journal has an interesting take on the cable a la carte issue here. Click here for some background on the position that the FCC appears to be now retreating from.

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Lacking the Information We Need to Protect the Public

Information gaps put us all at risk, and there are perverse incentives in current law and policy that exacerbate this problem, argues this new law review article. From the abstract:

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Fight to Save the Toxics Release Inventory Heats Up

Since the Environmental Protection Agency (EPA) announced plans on Sept. 21 to reduce TRI chemical release reporting, the agency has faced an ever-growing flurry of criticism and opposition. The program receives tremendous support, because for nearly 20 years it has been an essential tool in addressing environmental and public health concerns. In response to EPA's proposals to cut reporting on TRI chemical releases, in order to eliminate paperwork for reporting companies, individuals and organization have expressed outrage and begun to rally around the program.

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More on NHTSA's Unequal 'Regional' Recalls

Public Citizen recently argued an appeal of a terrible court decision that upheld NHTSA's practice of unfairly denying the rights of many across the nation to recall notices and free repairs in certain auto defect cases. NHTSA has been allowing regionally-restricted recalls, which PubCit argues violate the Safety Act. Download their appeal brief and reply brief.

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White House Report Spins Bush Reg Failures

In a debate with high stakes for a public that is largely unaware of it, the White House released a report on Dec. 7 spinning its anti-regulatory record as a success.

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