Media, Congress Begin to Examine Bush's Executive Order on Regulatory Process

President George W. Bush's Executive Order amending the regulatory process in significant ways didn't immediately garner the attention one might have expected from the mainstream media and Congress. The order set in motion changes that could further delay or hinder public health, safety, environmental, and civil rights protections. It was issued by the White House, with a press release, Jan. 18, and only OMB Watch and Public Citizen rang the alarm bells, calling attention to changes that give OMB's Office of Information and Regulatory Affairs (OIRA) even broader powers over agency actions.

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President Bush Amends Federal Regulatory Process

On Jan. 18, President George W. Bush issued amendments to Executive Order 12866 on Regulatory Planning and Review. The most notable of the changes will require federal agencies to: implement a stricter market failure criterion for assessing the need for regulation; require agencies to develop a summation of total costs and benefits each year for all proposed regulations; install a presidential appointee as agency Regulatory Policy Officer; and subject "guidance documents" to the same White House Office of Management and Budget (OMB) review process as regulations. Bush's amendments do not have the force of law but significantly change E.O. 12866, which figures prominently into the nation's regulatory process. The amendments will impact the way in which federal agencies go about creating rules and enforcing laws.

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Bush Administration Undermines Public Protections with Executive Order Amendments

WASHINGTON, Jan. 19, 2007—On Jan. 18, President Bush issued amendments to Executive Order (E.O.) 12866, which further centralize regulatory power in the Office of Management and Budget (OMB) and shift it away from the federal agencies given this power by legislative enactments.

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Undermining Public Protections: Preliminary Analysis of the Amendments to Executive Order 12866

On January 18, President Bush issued amendments to Executive Order (E.O.) 12866, which further centralize regulatory power in the Office of Management and Budget (OMB) and shift it away from the federal agencies given this power by legislative enactments.

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EPA: Home for the Holidays

While legislators were leaving Washington and families across America spent time celebrating the holidays, the U.S. Environmental Protection Agency (EPA) continued to issue rules and contemplate regulations. Several issues received little attention from media and lawmakers despite their potentially significant impact on the nation’s public health and welfare. Here is a brief summary of some of EPA's work during late December and early January.

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Supreme Court May Hear Secret Regulation Case

Several groups are appealing to the U.S. Supreme Court a Ninth Circuit Court of Appeals ruling on a secret Transportation Security Administration (TSA) regulation. The regulation requires airlines to check the identification of passengers. The Ninth Circuit held that, even though the rule is not publicly accessible, it does not violate the Constitution's protection of due process.

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Senate Committee Set to Vote on Dudley for Regulatory Czar

The Senate is likely to vote in December on the nomination of Susan Dudley to be the new regulatory czar, according to Sen. Susan Collins (R-ME). Despite widespread criticism from the public interest community on the nomination, a confirmation hearing in which Dudley evaded disclosing much about her views, and new concerns about a perception of a conflict regarding her husband serving as head of an office that writes environmental regulations, it appears that Collins's committee will move forward with the nomination.

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EPA Falters on Commitment to Environmental Justice

Less than two months after the Inspector General for the Environmental Protection Agency issued a report critical of the agency's commitment to environmental justice, EPA closes the doors of one of its regional offices for minority advocacy.

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Ballot Initiatives Threaten Regulatory Protections

November ballot initiatives in six states would force state governments to provide compensation for lost property value as a result of regulation or be forced to waive the regulatory protection.

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Comments on OMB's Proposed Risk Assessment Bulletin

Download comments submitted jointly by OMB Watch and Public Citizen

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