Court Rejects Cost Considerations in Clean Air Act ... Almost

In a confusing opinion, the D.C. Circuit has rejected a rule that would have allowed the use of two ozone-depleting chemicals in certain circumstances despite the designation of a non-depleting alternative. Although the decision was based in part on the improper consideration of costs to industry, the court nonetheless declined to make a definitive holding on the permissibility of cost considerations in the disputed section of the Clean Air Act. About the Case

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NIOSH To Move Deeper into the Bowels of Government

Five former NIOSH and MSHA administrators sent a letter to Department of Health and Human Services Secretary Tommy Thompson last week to protest the Center for Disease Control's plan to move the National Institute for Occupational Safety deeper into the bureaucracy of the CDC. The CDC's new reorganization plan includes the decision to cluster NIOSH with several environmental health agencies into the Coordinating Center for Environmental Health, Injury Prevention, and Occupational Health, one of four coordinating centers that will report directly to the CDC administrator.

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NHTSA Changes Strategy from Safety Features to Crash Prevention

The National Highway Traffic Safety Administration has announced that it will drop its emphasis on making vehicles safer in crashes in favor of a new focus on "crash prevention." "I'd like to begin to focus on the event before the crash," NHTSA administrator Jeffrey Runge href="http://www.nhtsa.dot.gov/nhtsa/announce/speeches/040511Runge/SAE-Present.pdf">told the Society of Automotive Engineers in Washington last May. "We may have plateaued out in terms of crashworthiness." Whereas NHTSA regulatory initiatives for the last 34 years have sought to boost

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Mad Cow Disease Regulation Fails to Protect U.S. Food Supply

Although food safety officials testified to a House subcommittee that two new regulations will enhance existing rules to make an effective firewall against mad cow disease, a new report reveals that the rules mainly protect the meat industry and are not strong enough to prevent contamination of the food supply. According to the report by the href="http://www.progressiveregulation.org">Center for Progressive Regulation, the centerpiece of the mad cow regulation is a so-called "zero tolerance policy" for the introduction into the food chain of certain cattle parts that are at

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OSHA Delays Worker Safety Action, Reopens PPE Rule for Comment

The Occupational Safety and Health Administration has reopened for comment a rule requiring employers to pay for personal protective equipment, "such as fall arrest systems, safety shoes, and protective gloves," that workers must currently purchase themselves, or do without (69 Fed. Reg. 41,851 (2004)). Although the rule, first proposed during the Clinton administration in March 1999 (64 Fed. Reg. 15,401), was open for public comments until June 1999, OSHA has let it languish on its long-term agenda for most of the past four years and has yet to announce any anticipated date

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Justice Department Supports Dismissal of Second Data Quality Lawsuit

The Justice Department (DOJ) issued a brief June 25 recommending the dismissal of a lawsuit filed by the Chamber of Commerce and the Salt Institute under the Data Quality Act (DQA). The March 31 lawsuit against the National Heart, Lung and Blood Institute (NHLBI) within the National Institutes of Health (NIH) challenged agency statements about sodium consumption.

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Data Quality Whistleblower Fired

A Fish and Wildlife Service (FWS) biologist has been fired after filing a data quality challenge that accused the agency of using flawed science in approving development projects in Florida panther habitat.

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Court Rejects Agency Reasons for Trucker Hours Rule, Calls Arguments 'Troubling'

In a stinging rebuke, an appeals court rejected a change to regulations limiting the daily and weekly number of hours that truckers can work without rest breaks. Although the court based its decision on the agency's failure to consider a statutorily mandated factor, it also identified weaknesses in several arguments commonly raised to block regulation, repeatedly calling the arguments "troubling."

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EPA Announces E-rulemaking Online Forum, Public Meetings

The Environmental Protection Agency (EPA) has announced a countrywide series of public forums for August on an eRulemaking Initiative. The four forums will be held in Boston, Chicago, San Francisco and Washington, D.C. In addition to EPA's public meetings, Harvard University is partnering with the eRulemaking Initiative to host an online dialogue during August. Details about the online dialogue will be released soon.

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