FERC's Final CEII Rule

On March 3, 2003, the Federal Energy Regulatory Commission (FERC) published in the Federal Register its final rule restricting access to critical energy infrastructure information (CEII) and establishing new procedures outside of the Freedom of Information Act (FOIA) for requesting access. FERC began this process in response to the terrorist acts committed on September 11, 2001, and published its Notice of Proposed Rulemaking on September 13, 2002, to obtain public comments.

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Clean Air Rollback Takes Effect As Legal Challenges Move Forward

Fourteen states and a coalition of five environmental health organizations have launched legal challenges to the Bush administration’s overhaul of the Environmental Protection Agency’s New Source Review program, which relaxes limits on air pollution from factories, refineries, and power plants.

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EPA Report Finds Mercury a Growing Threat to Children's Health

The Environmental Protection Agency (EPA) recently released its long-awaited report on children’s health and the environment, ("America’s Children and the Environment: Measures of Contaminants, Body Burdens, and Illnesses"), finding that mercury emissions pose an increasing threat to children.

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Data Quality Cases and Decisions Begin to Mount

As the first challenges under the Data Quality Act are being decided and appeals are being considered, new industry challenges are being filed: recently two data quality challenges to the Environmental Protection Agency (EPA) have been decided at least in part; and two new challenges have been filed, one also with the EPA and another with the National Highway Traffic Safety Administration (NHSTA). Data Quality Challenges Answered Atrazine

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Committee for Economic Development (CED) Opposes the President?s Plan

The Committee for Economic Development (CED), an influential organization of business leaders and educators, released a report on March 5, 2003, titled "Exploding Deficits, Declining Growth: The Federal Budget and the Aging of America."

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EPA Issues Guidelines for Assessing Cancer Risks

The Environmental Protection Agency (EPA) recently issued near final guidelines for agency scientists and other risk assessors to use in assessing cancer risks from chemicals or other environmental agents.

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GAO Authority Undermined

The recent decision by the General Accounting Office (GAO) to drop its lawsuit against Vice President Dick Cheney likely further weakens the agency’s ability to get information from an already overly secretive administration. The GAO lawsuit set an important precedent as the first time in GAO’s 81 years that the agency sued the Executive Branch in order to obtain information. This raised the struggle for transparency and accountability in government to a new level.

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Air Toxics Rule Approved Without 'Risk-Based' Exemptions

The Environmental Protection Agency (EPA) approved a final rule February 28 establishing air toxics limits for the brick and clay industry that does not include controversial provisions exempting lower-risk facilities from control.

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Illinois Bill Reinstating FOIA Fee-Shifting

In an effort to encourage use of the Freedom of Information Act (FOIA) to access information, Illinois State Reps. Barbara Flynn Currie and Mary K. O'Brien have introduced House Bill 438 to the Illinois state legislature. The bill would provide reimbursement for court costs and attorney fees for individuals who are successful in lawsuits brought under the Illinois FOIA. This would ensure that individuals previously constrained due to financial burdens, as well as attorneys who were discouraged by fees, could utilize opportunities to access information and participate in democracy.

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OMB Watch Comments Oppose Rule Allowing Federal Funding for Church Buildings

On January 6 the Department of Housing and Urban Development (HUD) proposed new regulations implementing the President’s December 12, 2002, Executive Order requiring “equal treatment” of faith-based organizations in the federal grant process. The proposal is similar to regulations proposed last month by the Department of Health and Human Services (HHS). However, they go further, allowing religious organizations to partially fund construction, acquisition or rehabilitation of structures to be used for both religious and government funded purposes.

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