Government Matters Articles

EPA Moving on Climate Change

In the first major move by the federal government to address climate change, the U.S. Environmental Protection Agency (EPA) has declared heat-trapping greenhouse gas emissions a threat to public health and welfare, setting the stage for potentially major regulations.

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Comments on New Regulatory Order Pour into OMB

Approximately 170 groups and individuals submitted comments for the Obama administration to consider as it begins reshaping or retaining the current regulatory structure. Although they varied significantly in many details, the comments reflect a familiar split between business interests and public interests that has characterized the regulatory debate for years.

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Sixth Annual Ridenhour Awards Honor Truth-Telling, Courage

The Sixth Annual Ridenhour Awards were presented April 16 by the Nation Institute and the Fertel Foundation. The awards are presented each year to journalists and whistleblowers in honor of Ron Ridenhour, a former Vietnam veteran who exposed the 1968 massacre at My Lai. The awards are given to those who act to protect the public interest and promote social justice. The 2009 awardees were Thomas Tamm, Bob Herbert, Jane Mayer, and Nick Turse.

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New Energy on TRI at National Conference

The U.S. Environmental Protection Agency (EPA) is taking steps toward improving public access to pollution information and is seeking ideas from the public for improving the Toxics Release Inventory (TRI) program. During a national conference on TRI the week of March 30, the EPA presented several new tools for accessing and analyzing pollution data that will soon be available to the public. The TRI, a bedrock right-to-know program, has not been expanded since 2000, and EPA has been heavily criticized for its management of the program in recent years.

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House, Senate Pass Budget Resolutions

The House and Senate each passed their budget resolutions on April 2, mostly along party lines, before breaking for a two-week spring recess. The resolutions delineate approximately $3.6 trillion in spending for Fiscal Year 2010 and track closely with the major proposals outlined by President Barack Obama, including estimates of historic budget deficits. Those deficits could become significantly worse due to the adoption of an amendment in the Senate that calls for further cuts to the estate tax, benefiting the richest families in the country.

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High Court Rebuffs Environmentalists, Permits Cost-Benefit Analysis

The U.S. Supreme Court recently ruled 6-3 that the U.S. Environmental Protection Agency (EPA) can weigh costs against benefits under parts of the Clean Water Act. The court said EPA was not required to impose the most environmentally protective requirements on power plants that inadvertently kill millions of fish.

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Congress Seeks to Limit National Security Letter Powers

On March 30, Congress took its first step toward reforming the USA PATRIOT Act when Reps. Jerrold Nadler (D-NY) and Jeff Flake (R-AZ) introduced the National Security Letters Reform Act of 2009 (H.R. 1800). The bill is designed to narrow the powers granted to the executive branch under the National Security Letter (NSL) provision of the Patriot Act. Public interest advocates contend that the NSL is only one component of the Patriot Act in need of reform.

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Recovery Act Memo May Restrict Free Speech Rights

On March 20, President Barack Obama issued a memorandum stating that federally registered lobbyists cannot verbally communicate with executive branch officials regarding specific projects to be funded through the American Recovery and Reinvestment Act of 2009. Instead, lobbyists must submit their views in writing. The goal of preventing stimulus funds from being spent based on influence or "on the basis of factors other than the merits" is widely seen as laudable. However, many are charging that the rules are a violation of lobbyists' First Amendment right to petition the government.

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James Madison Center Files Suit Against IRS over Electioneering Rules

The James Madison Center (the Center) filed two federal lawsuits on April 3 challenging the Internal Revenue Service (IRS) definition of "political intervention." In Christian Coalition of Florida v. USA, the Center charges that the Christian Coalition of Florida (CC-FL) was denied 501(c)(4) status by the IRS because the agency claimed CC-FL engaged in activities that constitute political intervention. In the second lawsuit, Catholic Answers and Karl Keating v. USA, the Center is assisting a 501(c)(3) organization that is challenging a fine imposed by the IRS after the agency determined two "e-letters" posted in 2004 were "political expenditures" that might have influenced the presidential election.

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Citizens United Case Offers Insight on Court's Approach to Campaign Finance Law

On March 24, the U.S. Supreme Court heard oral arguments in Citizens United v. Federal Election Commission (FEC), a case that could overturn or limit portions of the Bipartisan Campaign Reform Act (BCRA), commonly called the McCain-Feingold campaign finance law. Citizens United, a 501(c)(4) organization, produced a 90-minute film, Hillary: The Movie, which was highly critical of then-presidential candidate Hillary Clinton. The case challenges as unconstitutional FEC electioneering communications rules as applied to the movie and to ads promoting the movie. It also challenges as unconstitutional donor disclosure rules as applied to the ads.

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