Watching out for Midnight Regulations

Reg•Watch has been following the phenomenon known as "midnight regulation" where an administration finalizes lots of rules in its waning days of power. Below is a list of many of the more controversial rules worth watching. Reg•Watch will provide regular updates to this list.

Click here for updated information on all midnight regulations finalized during the Bush administration.
 

CIVIL LIBERTIES

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FDA Experts Fought Rule to Protect Drug Makers

FDA higher-ups pushed forward with a controversial rule that makes it harder for patients to learn of drugs' side effects despite objections from its own experts, a new report shows. The rule also removes patients' ability to sue pharmaceutical manufacturers when harmed by a drug.

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Science Advisors Chide FDA on Plastics Chemical

FDA's panel of independent science advisors charged with reviewing the agency's work on bisphenol-A, a chemical commonly found in hard plastics and the lining of food cans, criticized FDA's current policy on the substance. The panel has "significant concerns" with the draft scientific assessment FDA released in August.

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For Controversial Rules, Bush Officials Give Mixed Signals

Under a deadline imposed by White House Chief of Staff Josh Bolten, federal agencies were to propose any regulation they wished to finalize under President Bush's watch by June 1 or wait for a new president to take the reigns of government. But several controversial rules that missed the June 1 deadline appeared destined for completion nonetheless.

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To Gut Species Protection, Interior Calls "All Hands on Deck"

The Bush administration is moving at warp speed to finalize a rule that will allow government-approved projects to intrude on the habitats of endangered species. The Department of the Interior received about 300,000 public comments, mostly negative, on its proposal after it was unveiled in August. According to an internal email obtained by the Associated Press, Interior wants to review all the public comments in just four days:

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Mixed Grades for Government on Free Speech and Science

A recent report card grading 15 federal agencies found inconsistent policies for releasing scientific information to the public. The analysis also showed that several agencies stifle their scientists' communication, causing scientists to fear retaliation for speaking their minds. Although some agencies have satisfactory policies or recently improved media policies, it appears much still needs to be done to ensure scientific information gets to the public.

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EPA Doesn't Tell the Whole Tale of Enforcement

The Environmental Protection Agency exaggerates its penalties on polluters according to a new GAO report to be released later today, AP reports. GAO charges that EPA overstates its total penalty amounts by including fines that are never actually collected. From AP: The levied fines in 2004, 2005 and 2006 included a total of $227.2 million in so-called default judgments. The agency admitted these hard-to-collect fines were larger in those years; GAO said they are unlikely to be collected.

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EPA to Reduce Airborne Lead, but OMB Bedevils the Details

The Bush administration recently tightened the national public health standard for airborne lead, drawing rare praise from clean air advocates. However, shortcomings in the network for monitoring lead pollution persist, and a new requirement to increase the number of pollution detectors was watered down by the White House Office of Management and Budget (OMB).

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FDA to Open Regulatory Offices in Foreign Countries

On Oct. 16, Department of Health and Human Services (HHS) Secretary Michael Leavitt announced that the U.S. Food and Drug Administration (FDA) will send personnel overseas to staff offices to help ensure the safety of imported food and drugs. The plan calls for staff to be assigned to offices in China, India, Europe, and Latin America. Many assignments will begin before the end of 2008.

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Right Whale Protection Rule Finally Here

The National Oceanic and Atmospheric Administration (NOAA) has finalized a long-awaited rule that will protect the North Atlantic right whale, one of the planet's most critically endangered marine species. Fewer than 400 right whales are left, according to NOAA.

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