Court Rejects Data Quality Act Case Brought by Industry

A recent appeals court decision has dealt a blow to what many consider frivolous challenges to sound science made under the Data Quality Act (DQA). On March 6, the U.S. Court of Appeals for the Fourth Circuit dismissed a lawsuit brought by the Salt Institute and the U.S. Chamber of Commerce under DQA, when judges found that the act does not allow for judicial review and that the plaintiffs had not show injury and thus lacked standing.

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Louisville Air Quality Program Threatened

Kentucky state lawmakers are considering a bill that would threaten the future of a fledgling air pollution program in Louisville. The program, called the Strategic Toxic Air Reduction (STAR) program, was passed unanimously by the Louisville Air Pollution Control Board in June 2005, and requires industrial facilities in the area to reduce emissions of 18 hazardous air pollutants.

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House Bill to Roll Back Food Safety

The "National Uniformity for Food Act" (H.R. 4167) that would preempt nearly 200 food safety laws and affect state law in all 50 states, passed out of the House on March 8, to ire of consumer advocates. The legislation was introduced by Reps. Mike Rogers (R-MI) and Ed Towns (D-NY).

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Letter from Gary Bass: OMB Watch Board Changes

After 18 remarkable years as chair of OMB Watch's board, Mark Rosenman recently stepped down as chair (although, to our relief, will remain on the board). Fellow board member Paul Marchand, a leader in the disability community and director of The Arc and United Cerebral Palsy Disability Policy Collaboration, has taken over where Mark left off, assuming the role of board chair last month. The transition has been a smooth one, and OMB Watch has not missed a beat.

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Hearing Highlights Confusion Caused by "Legalese" in Regulation

Writing regulations in a way that is clear and easy to understand will save the government, taxpayers and regulated communities time and money, according to witnesses testifying on Mar. 1 before the House Government Reform Committee's Subcommittee on Regulatory Affairs.

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New PART Scores Showcase More Contradictions of Program

The president's recent budget, released in early February, contained another round of federal program assessments produced by the Office of Management and Budget using the administration's Program Assessment Rating Tool (PART). As in past years, this new round of PART scores and associated budget requests call into question the value and purpose of PART ratings, which appear to have little logical and no discernable link to budget requests.

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Report, Announcement on IRS Program to Curb Partisan Activity by Charities, Religious Groups

On Feb. 24 the Internal Revenue Service (IRS) released its much-anticipated assessment of its program created in 2004 to enforce the ban on partisan election activity by charities and religious organizations. The report found that nearly 75 percent of organizations investigated had violated the ban. At the same time, the agency released guidance that includes detailed examples based on the types of situations that led to investigations in 2004.

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Senate Rules Committee Passes Process Reforms

Last week, the Senate Rules Committee and the Homeland Security and Government Affairs Committee marked up separate versions of lobbying and congressional ethics reform bills, starting the ball rolling in the Senate on reform after the scandals surrounding former lobbyist Jack Abramoff and former Rep. Duke Cunningham (R-CA). The two bills are expected to be combined.

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Little Progress on Chemical Security

The Government Accountability Office (GAO) concluded recently that, while some progress has been made on chemical security, hurdles and delays remain, including a lack of clear authority for the Department of Homeland Security (DHS) to establish requirements for chemical facilities. The GAO reported its findings in a report released Feb. 27 on the current status of chemical security at DHS. The GAO also found DHS resistant to involving the U.S. Environmental Protection Agency (EPA) in a review of inherently safer technologies that might reduce risks posed by chemical plants.

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Lobby Reform: Two Bills Move to Senate Floor, Still No Bill from House

Just days after Rep. Randy "Duke" Cunningham (R-CA) was sent to jail on bribery charges, the Senate is debating new ethics and lobbying rules, while the House ponders its next move. The Senate will likely vote on legislation this week or next week.

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