Government Matters

New Policy Marks First Step in Narrowing State Secrets Privilege

On Sept. 23, the Justice Department released a new policy on use of the state secrets privilege. The policy, which parallels several related recommendations from the Moving Toward a 21st Century Right-to-Know Agenda, will be implemented on Oct. 1. The long-expected announcement drew mixed reactions from public interest groups, ranging from support to criticism that the policy offers little more than a rehash of the heavily criticized policies of the Bush administration.

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Agencies and Courts Beat Congress to the Punch in Climate Change Fight

Unprecedented regulatory proposals and a paradigm-shifting federal court ruling are converging to put big polluters on the hook for their contributions to global warming. The developments raise the stakes for Congress as it considers whether to curb greenhouse gas emissions and how to do so.

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Companies Required to Report Greenhouse Gas Pollution

Beginning in 2010, thousands of businesses around the country will have to track their greenhouse gas emissions and report them to the U.S. Environmental Protection Agency (EPA), according to new agency rules. The information collected by EPA will be publicly available and used to inform policies to reduce these emissions and protect against the worst impacts of climate change.

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Congress Braces for Patriot Act Battle

On Sept. 22, Congress began hearings on USA Patriot Act provisions that are set to expire on Dec. 31. Some legislators and the president are seeking to retain controversial portions of the act, albeit in modified form.

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Commentary: Obama Reform Proposal would Improve Transparency in Financial Markets

Transparency is integral to a responsive, accountable, and ultimately functioning government, but it is also a vital component of a functioning economy. Indeed, a number of federal institutions exist to ensure that depositors, lenders, and borrowers have access to relevant financial data that allows them to engage in mutually beneficial transactions. The Obama administration's financial regulatory reform proposal acknowledges the important role that transparency plays in the economy's financial sector and contains a number of measures to increase transparency in the notoriously opaque financial system.

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Congress Attempts to Wrap up Appropriations

With the end of the fiscal year quickly approaching on Sept. 30, congressional leaders plan to pass a continuing resolution (CR) to keep government agencies funded through the end of October and allow additional time for appropriations work to continue. Although not a guarantee, the additional time should allow Congress to finish its appropriations work, preventing the need for an omnibus spending bill before the end of the year.

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Sugar Company Ignored Explosion Hazards, Investigation Concludes

The U.S. Chemical Safety Board's (CSB) investigation into the cause of a fatal 2008 explosion at a Georgia sugar refinery concludes that the Imperial Sugar Company and its managers did not take corrective actions to prevent dust explosions, even though they knew of potential hazards. The initial blast and subsequent dust explosions throughout the plant killed 14 workers and injured 36.

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Nonprofits Active in Efforts to Prevent Use of Courts to Discourage Public Participation

Nonprofit organizations have recently been active in efforts to prevent the use of lawsuits designed to discourage public participation. Nonprofits across the country have played a role in the campaign to eliminate Strategic Lawsuits Against Public Participation (SLAPPs). These efforts coincide with a pending legislative proposal to combat SLAPP suits on the federal level.

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White House Moves to Limit Lobbyists on Federal Advisory Committees

The White House announced Sept. 23 that it informed executive branch agencies and departments that federally registered lobbyists are not to be appointed to federal agency advisory boards and commissions. This is the latest attempt at removing the influence of federally registered lobbyists within the executive branch.

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Secrecy Report Card Gives Modest Grades to Bush and Obama

On Sept. 8, OpenTheGovernment.org, a coalition of 70 open government advocates, released its sixth annual Secrecy Report Card. Focusing on 2008, the report card serves primarily as a final assessment of the Bush administration but also addresses early actions of the Obama administration. Overall, the report notes a decrease in secrecy at the end of the Bush years but concludes that greater efforts are needed to increase federal transparency.

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