Setting and Enforcing Regulations | Center for Effective Government

President Obama's Use of His Executive Power: Facts vs. Hyperbole

President Obama has issued 168 executive orders since taking office in January 2009, fewer than any president in office during the past 100 years besides George H. W. Bush. Yet conservative commentators continue to complain that this president has exceeded his executive power. Challenges to the president's executive power are on the rise following his State of the Union address on Jan. 28 when he vowed to take whatever unilateral action he can to ensure our government operates in the best interests of our citizens. "Wherever and whenever I can take steps without legislation to expand opportunity for more American families, that's what I'm going to do," the president declared.

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Rules to Watch (and Wait) for in 2014

Just before Thanksgiving, the White House quietly released the 2013 Unified Agenda, which contains information on a broad range of upcoming regulatory actions, as well as agencies’ regulatory plans detailing the most important significant regulatory and deregulatory actions they expect to propose or finalize during the coming year. On Jan. 7, agencies published in the Federal Register their regulatory flexibility agendas describing a subset of regulatory actions under development that may have a significant economic impact on a substantial number of small entities. While some important health and safety rules are slated to move forward, the Unified Agenda indicates that many long-awaited actions will not advance as proposed or final rules this year.

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Standards and Safeguards in 2013

Agencies rolled out few health, safety, or environmental standards in the first quarter of 2013, despite hopes that President Obama would commit more attention to agencies' regulatory agendas after winning reelection. But in the spring, the gears began to move as the administration focused on implementing crucial public protections and the new director of the Office of Information and Regulatory Affairs (OIRA), Howard Shelanski, made good on his promise to cut the backlog of rules waiting for review at OIRA. With the gridlock on legislation in Congress, many are looking for the administration to be more active in moving rules and action through the executive branch.

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Coal Ash Waste Standards Inch Forward, But Industry Opposition Strong

This December will mark the fifth anniversary of a massive spill of coal ash in Tennessee that destroyed three houses and damaged more than 40 others. This event sparked intensified calls for the regulation of coal ash, a waste by-product produced when coal is burned. Federal efforts to deal with the problem of coal ash have progressed slowly, but agency action on the issue may be gaining momentum in light of recent policy developments. Meanwhile, coal industry proponents in Congress are revamping legislative efforts to thwart national protections against coal waste.

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ALEC Takes Attacks on Health, Safety Standards to the States

WASHINGTON, Nov. 13, 2013—A study released today by the Center for Effective Government calls on states to reject a push by the American Legislative Exchange Council (ALEC) and others to undermine public standards and safeguards set at the state level.

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American Workers Can't Report Health, Safety Violations on the Job Without Fear of Retaliation

WASHINGTON, Oct. 23, 2013—A study released today by the Center for Effective Government calls for better protections for workers who report health and safety hazards on the job.

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Clarity on Clean Water Protection Is Coming, But How Long Will it Take?

Last month, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced they were moving forward with a much-needed rulemaking to clarify which waters are protected under the Clean Water Act (CWA). Enforcement of the law has been hindered by years of uncertainty about agencies' regulatory jurisdiction over certain wetlands and waterways. On Sept. 17, agencies submitted a draft joint rulemaking for interagency review that would provide greater clarity and help ensure vital waters are covered by the CWA. However, protracted review processes and industry pushback could further extend the uncertainty and leave some waters unprotected.

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Growing Use of Third Parties to Certify Health and Safety Compliance Raises Troubling Questions

In May, the U.S. Environmental Protection Agency (EPA) proposed two rules to protect the public from the risks of formaldehyde exposure. The first rule sets emissions standards for formaldehyde in composite wood products; the second establishes requirements for third-party certifications of products subject to those emissions limits. The use of third-party programs to assess regulatory compliance is growing as agencies try to stretch scarce resources, raising troubling questions about enforcement of important standards and safeguards.

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5th Anniversary of Consumer Product Safety Improvement Act: Five Safety Breakthroughs in Five Years

WASHINGTON, Aug. 5, 2013— Consumer Federation of America (CFA), Kids In Danger (KID), Consumers Union (CU), the American Academy of Pediatrics (AAP), U.S. PIRG, Public Citizen, the Union of Concerned Scientists, and the Center for Effective Government mark the fifth anniversary of the passage of the Consumer Product Safety Improvement Act (CPSIA).

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With New Leader in Place, EPA Can Recommit to Its Environmental Agenda

On July 18, the Senate confirmed Gina McCarthy to lead the U.S. Environmental Protection Agency (EPA), ending a 136-day delay. Nominated by President Obama in March, McCarthy was finally cleared by a bipartisan vote of 59-40.

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