Legislation Would Delay Important Safeguards and Limit Citizens' Access to Courts

Earlier this month, Sen. Chuck Grassley (R-IA) and Rep. Doug Collins (R-GA) introduced companion legislation in the House and Senate, entitled the Sunshine for Regulatory Decrees and Settlements Act (S. 714 and H.R. 1493). Disguised as an effort to increase transparency, this legislation aims to bog down the regulatory process with time-consuming and costly procedural hurdles that would limit the lawsuits brought to challenge unreasonable delays by regulatory agencies.

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EPA's Proposed Gasoline Standards Benefit Public Health, the Environment, and Automakers

On March 29, the U.S. Environmental Protection Agency (EPA) proposed a new rule setting stricter emissions standards for cars and trucks and requiring a reduction in the sulfur content of gasoline beginning in 2017. The proposal addresses health risks posed by breathing hazardous vehicle pollution, such as asthma and other respiratory infections that can cause premature death. Together, the more stringent sulfur limit and new emissions standards will lead to rapid improvements in air quality nationwide.

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Food Safety Rules the Latest to be Weakened During Regulatory Review

Recently disclosed documents show that the Office of Information and Regulatory Affairs (OIRA) weakened a proposed Food and Drug Administration (FDA) food safety rule. During the regulatory review process, OIRA removed important safety testing requirements from the "preventative controls" rule, which were intended to prevent foodborne pathogens from entering the food supply. Unfortunately, this is nothing new. OIRA has a long track record of changing the draft rules it reviews, often weakening them to appease regulated entities. In this case, the public was made aware of the rule revisions only because FDA followed the requirement to disclose changes made during OIRA review.

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Congressional Bills Seek to Cut Public Scrutiny and Participation Out of Keystone XL Decision

The Keystone XL pipeline is a controversial project that would transport tar sands oil (which is more corrosive than crude oil) from Canada through America's heartland to Texas, creating air, water, and public health risks in its wake. In the past two weeks, lawmakers have introduced bills in both the House and Senate to strip the decision on the Keystone XL pipeline away from the Obama administration. The bills, if passed, would short-circuit the regulatory permitting process and prevent the public from voicing their concerns about the public health and environmental risks of the pipeline.

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The Small Business Administration's Office of Advocacy Exaggerates Its Influence

The Office of Advocacy, an independent office within the Small Business Administration (SBA), recently released its annual report to Congress on agency compliance with the Regulatory Flexibility Act (RFA) during fiscal year (FY) 2012. In the report, the office makes dubious claims that its efforts to delay or stop six agency rules saved billions for small businesses in the last fiscal year.

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Environmental Protections Threatened by Sequestration and Funding Cuts

Federal agencies have started feeling the impact of the across-the-board spending cuts, known as sequestration, that went into effect March 1. Plans to furlough employees and cut programs are underway at many of the agencies charged with issuing and enforcing public health and safety standards. For the U.S. Environmental Protection Agency (EPA), these additional funding cuts will further drain already decreasing resources and impair the agency's ability to protect our air, water, and health.

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Former Office of Information and Regulatory Affairs Administrator Paints Unrecognizably Rosy Picture of Rule Reviews

Cass Sunstein, former Office of Information and Regulatory Affairs (OIRA) Administrator, recently penned an article, "OIRA: Myths and Realities," which purports to explain what OIRA really does when it reviews proposed and final rules submitted by agencies under Executive Orders 12866 and 13563. Sunstein's claims differ greatly from what agencies and public interest advocates say happens behind closed doors at OIRA.

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