Open Government Day Arrives April 7

Several key requirements of the Open Government Directive are due on April 7, turning the day into a critical moment for government transparency. The main materials being released are specialized Open Government Plans that federal agencies are mandated to produce based on stakeholder input. There will also be a document to address federal spending transparency, as well as a review of policies that impede open government efforts.

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EPA to Limit Mountaintop Mining

The U.S. Environmental Protection Agency (EPA) announced new guidance April 1 that should limit the impacts of mountaintop coal mining in Appalachia. The agency issued the guidance to clarify EPA's expectations regarding legal and scientific interpretations when issuing permits for the destructive surface mining practice.

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SpeechNow.org Decision May Expand the Role of Independent Groups

On March 26, the U.S. Court of Appeals for the District of Columbia issued a unanimous opinion in SpeechNow.org v. Federal Election Commission. The court decided that the Federal Election Commission (FEC) could not limit donations to independent political groups that will spend money to support or oppose candidates. This is the first major court ruling to apply the U.S. Supreme Court's holding in Citizens United v. FEC.

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Treasury's Rush to Sell Citigroup Shares Could Cost Taxpayers

On March 29, the Treasury Department announced that it would begin selling the 7.7 billion Citigroup shares it owns, which represent the government's 27 percent stake in the company. The move is the most significant step Treasury has taken so far in the long process of winding down the Troubled Asset Relief Program (TARP). Since selling the stock will generate more than $30 billion, a profit of at least $7 billion, many news reports are claiming it proves the bailout was a "great business" for the government. However, Treasury’s sale may be in conflict with one of TARP’s statutory goals: maximizing taxpayer returns.

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EPA's New HERO Defends the Public's Right to Know

The U.S. Environmental Protection Agency (EPA) recently launched a new online database that provides access to the scientific studies used in making key regulatory decisions. The EPA released the Health and Environmental Research Online (HERO) database on March 24. According to the agency, this action "is part of the [Obama administration's] open government directive to conduct business with transparency, participation, and collaboration."

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Administration Initiative to Eliminate Improper Payments Starts to Come into Focus

On March 22, the Office of Management and Budget (OMB) released new guidance for implementing President Obama's recent Executive Order 13520, which instructs the federal government to reduce improper payments to individuals and businesses. The initiative attempts to use transparency, public participation, and executive branch accountability to reduce "payment errors" and eliminate "waste, fraud, and abuse" in major federal programs. The guidance, however, is incomplete, and OMB will have to work to fill out the program's details.

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New Vehicle Standards Take Aim at Climate-Altering Emissions

The Obama administration recently announced new standards that will improve fuel efficiency in new vehicles starting in 2012. The standards mark the first time in U.S. history that the federal government has crafted regulations aimed specifically at reducing greenhouse gas emissions and stemming the impact of global climate change.

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Auto Safety Regulator under Scrutiny after Toyota Fiasco

Incidents of sudden acceleration that led to the recall of millions of Toyota vehicles have sparked a debate over whether the National Highway Traffic Safety Administration (NHTSA), the federal agency in charge of auto safety, needs enhanced powers and resources.

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Sunshine Week 2010 Concludes with a Number of Federal Initiatives

Each year, advocates of open and accountable government celebrate the birthday of former president James Madison, a founding father and advocate of open government, by hosting a week of events and increased public advocacy called Sunshine Week. In 2009, Attorney General Eric Holder released a memo during Sunshine Week regarding Freedom of Information Act (FOIA) implementation that encouraged disclosure of agency records. This year, transparency was highlighted through public events, legislative initiatives, and op-eds.

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OSHA Proposal Cuts Workers' Right to Know about Chemical Risks

A recent proposal by the Occupational Safety and Health Administration (OSHA) would endanger workers by reducing the amount of information on chemical hazards provided to them, according to several public interest groups. OSHA's proposal is part of its effort to make its Hazard Communication Standard conform to a United Nations system for classifying chemicals. The effort has been criticized by several public interest groups who view portions of it as an unnecessary contraction of workers' right to know and as contrary to the rhetoric of transparency and movement toward greater disclosure seen elsewhere in the Obama administration.

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