Government Matters Articles

Administration Says It Will Prosecute Clean Air Violations, For Now

The Bush administration will reverse course and bring new court cases against violators of power-plant emissions standards, according to EPA Administrator Mike Leavitt. Just three months ago, it was revealed that the administration had decided to stop investigating 70 power plants suspected of violating clean air standards, and would consider dropping 13 other cases that were referred to the Justice Department.

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Commerce Dept. Calls for More Regulatory Rollbacks

The Commerce Department released a report Jan. 16 on U.S. manufacturing that calls on the Office of Management and Budget (OMB) to review existing regulations and implement reforms “on a priority basis” to reduce costs on manufacturers. Curiously, the report does not mention that OMB actually did this during the first two years of the Bush administration, using its annual report to Congress on federal regulation to identify and weaken a host of significant standards, such as controls on power-plant emissions.

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Administration Limits Objections to Forest Thinning

The Bush administration issued an interim final rule Jan. 9 that limits the public’s ability to challenge forest-thinning projects under the recently enacted Healthy Forests Restoration Act, which allows increased logging purportedly to reduce the danger of wildfire. Under the rule:
  • You can only launch an administrative appeal to stop a project if you submitted comments during the formal public comment period;
  • Federal agencies are not allowed to file objections;

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Government Probes Muslim Charities

Congressional scrutiny around the link between charities and terrorist organizations continues to grow. As first reported in the Washington Post on Jan. 14, Senate Finance Committee Chairman Charles Grassley (R-IA) and ranking member Sen. Max Baucus (D-MT) requested the Internal Revenue Service (IRS) to produce the confidential financial records and tax documents of several Muslim charities and Islamic philanthropic organizations. The Dec. 22, 2003 letter was sent in order to increase government oversight over groups that "finance terrorism and perpetuate violence."

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Court Overturns Bush Rollback of Air Conditioner Efficiency Standards

A federal appeals court overturned a Bush rollback of air conditioner efficiency standards, finding that it violated the National Appliance Energy Conservation Act, which prohibits such backsliding. The Clinton administration, in its final weeks, required that most new air conditioners and heat pumps be made 30 percent more energy efficient by 2006. But the Bush administration immediately lowered this requirement to 20 percent, which would have created substantially more demand for power.

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Comments on Peer Review Bulletin Reveal Strong Opposition

A majority of the near 200 comments received by the Office of Management and Budget (OMB) on its Draft Peer Review Bulletin opposed the proposal, calling for its complete withdrawal.

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Economy and Jobs Watch: Long-term Budget Choices

Several new reports have pointed to the weakness of the long-run U.S. fiscal situation. A wide range of observers -- from independent analysts to conservative think-tanks, from international aid organizations to congressional analysts, and even from the administration itself -- are all pointing to the fact that current tax and budget policy is not sustainable. (See links below).

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Economy and Jobs Watch: Unemployment Down, No New Jobs

With a strong quarter of economic growth in the July-September period, many observers were expecting to see employment strengthen in the last part of 2003. However, as recent economic data shows, the labor market remains very weak, as employment was “flat” last month.

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Shays-Meehan Lawsuit Challenging FEC Rules for Unpaid Broadcasts and Charities Proceeds

For more information see our analysis of the Supreme Court decision's impact on nonprofit advocacy, and issues created by Shays v. FEC.

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IRS Releases Guidance on Genuine Issue Advocacy vs. Electioneering

In late December the IRS released an announcement reminding tax exempt organizations that they must comply with both campaign finance and tax rules during an election year. The guidance, in Revenue Ruling 2004-6, focuses on those nonprofits permitted to take sides in an election and lists the facts and circumstances the IRS believes distinguish genuine issue advocacy from partisan electioneering. Six specific examples are provided. The IRS asks for comments and suggestions on questions for future guidance in this area.

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