Regulatory Delay in 2012

Congressional opponents of public protections spent much of 2012 attempting to increase the procedural hurdles to establishing new rules that would implement federal laws and standards. Efforts to attack the scientific evidence employed by agencies continued. Both efforts are likely to re-emerge next year.

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Fiscal Standoff?

With two weeks left before the end of the year, Congress and President Obama still appear far apart on a possible agreement to avert a pending "fiscal cliff" of tax increases and across-the-board spending cuts that will begin to phase in starting in January if no agreement is reached. Despite the hype, the sky will not fall if no agreement is reached by Jan. 1. The administration has significant authority to delay the effects of both the spending cuts and tax increases for several weeks if necessary. The administration has significant authority to delay the effects of both the spending cuts and tax increases for several weeks if necessary.

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New Bill Will Strengthen Transparency and Accountability by Protecting Federal Whistleblowers

Today, President Obama signed a bill that will bring stronger protections for federal whistleblowers. The bill, the Whistleblower Protection Enhancement Act (S. 743), will improve government transparency and accountability by safeguarding public servants who report misconduct.

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New Website Makes Information on Fracking Chemicals More Accessible

Fracking fluid is known to contain benzene (which causes cancer), toluene, and other harmful chemicals, but the exact substances and amounts in fracking fluids are typically kept secret because companies invoke "confidential business information" exemptions to right-to-know laws and rules. On Nov. 14, an environmental organization launched a website to give the public improved access to information on the chemicals used in fracking.

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The Future of Long-Awaited Public Protections in Obama's Second Term

Many speculate that the Obama administration avoided publishing controversial rules during the election season. However, corporate interests that have been fighting against stronger standards continue to do so, and advocates for stronger protections are waiting to see if the administration will act more aggressively to protect public health and the environment in its second term.

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State Regulation of Compounding Pharmacies Is Inadequate

Over the past several weeks, 36 people have died and more than 500 others have been infected with fungal meningitis from tainted steroids obtained from a compounding pharmacy in Massachusetts. This industry prefers state regulation of its practices and has been fighting Food and Drug Administration (FDA) oversight for more than a decade. Some, including Rep. Ed Markey (D-MA) and FDA Commissioner Margaret Hamburg, are now calling for clear FDA oversight authority over compounding pharmacies.

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Multiple CRS Reports Show Return to Clinton-Era Tax Rates for Rich Will Not Harm Economic Growth

The New York Times recently reported that a Congressional Research Service (CRS) report was "withdrawn from circulation" at the behest of Senate Republicans. The CRS report finds no relationship between upper-income tax rates and economic growth, undercutting Republican claims that an extension of the Bush tax cuts for the wealthy is necessary for economic growth. Senate Republicans called the report's validity into question, and CRS eventually withdrew it. However, the report's findings are only the latest in a series that suggest only a tenuous relationship between the economy and upper-income and capital gains tax cuts.

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Another Need in the Aftermath of Sandy: Toxic Soup Testing

In Hurricane Sandy's aftermath, government agencies have acted quickly to save lives and restore power and other basic essentials for those impacted by the storm. As recovery continues, federal and state agencies will be addressing another growing problem: the noxious materials such as oil, toxic chemicals, and raw sewage that the storm has released into waterways. The health of residents and first responders will depend on knowing what's around them so they can take proper precautions and mitigate risks.

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White House and Federal Agencies Could Manage Effects of Automatic Spending Cuts in Early 2013

The White House and federal agencies have multiple tools to temporarily postpone most of the impacts of across-the-board spending cuts, known as "sequestration," scheduled to take place on Jan. 2, 2013, if budget talks during the congressional lame-duck session break down, according to a new OMB Watch analysis released Nov. 2.

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Anti-Regulatory Bill Would Limit the SEC's Ability to Protect Investors

A pending anti-regulatory bill that targets independent regulatory agencies would significantly curtail the Securities and Exchange Commission's (SEC) ability to protect investors from financial fraud and other economic hazards. The Independent Agency Regulatory Analysis Act of 2012 (S. 3468) would require independent agencies to conduct formal cost-benefit analyses for all significant rules and would allow the Office of Information and Regulatory Affairs (OIRA) to review those analyses. This would cause lengthy delays in implementing the financial oversight contained in the Dodd-Frank law.

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