Bush Administration Skirts Broad Environmental Law

The Bush administration has expanded exclusions of the National Environmental Policy Act (NEPA). The administration will allow private industry to engage in selected land management projects without first assessing the potential impact on the environment. Furthermore, by excluding these activities, the administration has stripped the public of its opportunity to provide input into potentially damaging projects.

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Crandall Canyon Mine Collapse Implicates MSHA Procedures

The Aug. 6 mine collapse at the Crandall Canyon coal mine in Utah, which trapped six coal miners and led to the deaths of three rescue workers, again calls into question the effectiveness of the federal Mine Safety and Health Administration (MSHA). The mine operators were working under a plan approved by MSHA in June, just months after serious structural problems forced the operators to abandon a work area only 900 feet from where the miners are trapped.

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OIRA Issues New Standards for Disseminating Statistical Information

Citing various sources of authority, including the Information Quality Act, the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget published a new draft Statistical Policy Directive on Aug. 1, focusing on disclosure standards. OIRA uses Statistical Policy Directives to establish government-wide standards for statistical activities conducted by agencies.

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TRI Restoration Bill Passes Senate Committee

The Senate Environment and Public Works Committee voted 10-9 to approve the Toxic Right-to-Know Protection Act (S. 595) on July 31. The act would reverse a December 2006 U.S. Environmental Protection Agency rule change to the Toxics Release Inventory (TRI) that significantly reduced toxic release reporting requirements for polluting facilities.

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Senate Passes FOIA Reform

On Aug. 3, the Senate passed the OPEN Government Act of 2007 (S. 849) by unanimous consent. The House passed similar legislation in March.

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President's Warrantless Wiretapping Authority Vastly Expanded

Just before Congress broke for its August recess, members vastly expanded the Bush administration's authority to wiretap communications without warrants.

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House Committee Holds Hearing on Abuse of Information

A July 31 House Natural Resources Committee hearing continued to investigate reports of science manipulation within the U.S. Department of the Interior. Much of the hearing focused on the 2002 Klamath salmon die-off and former U.S. Fish and Wildlife Service (FWS) Deputy Assistant Secretary Julie MacDonald's interference in Endangered Species Act (ESA) findings.

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Panel Discussion Focuses on Need for Clear Rules for 501(c)(3) Groups at Election Time

On Aug. 3, OMB Watch sponsored a panel discussion to address the pros and cons of creating a bright line rule defining what is and is not prohibited partisan intervention in elections by charities and religious organizations. The panelists addressed problems created by the current "facts and circumstances" test, which allows the Internal Revenue Service (IRS) to apply its interpretation of the standard on a case by case basis. They also discussed action the nonprofit sector can take to propose and promote a bright line test.

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Congress Passes Sweeping Lobbying and Ethics Reforms

After a year-long debate and negotiations over enacting lobbying and ethics reforms, Congress finally passed the Honest Leadership and Open Government Act of 2007 (S. 1). While not an ideal set of reforms, the new law is the most significant lobbying and ethics reform in a decade and should make important strides in increasing accountability and transparency in Washington.

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OMB Manipulates Science in Cost-Benefit Analysis for Ozone Rule

The U.S. Environmental Protection Agency (EPA) has released a cost-benefit analysis for a proposed rule aiming to tighten the federal standard for human exposure to ground-level ozone, also known as smog. Before its release, the White House Office of Management and Budget (OMB) edited scientific language in the analysis in order to downplay the economic benefits of the proposed rule.

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