Unfunded Mandates Reform Act

Text of Unfunded Mandates Reform Act of 1995, Pub. L. No. 104-4, 109 Stat. 48

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Bush Contributor to Benefit from Weaker Hazardous Waste Rule

A top Bush campaign contributor could benefit from an EPA decision to weaken a Clinton-era proposal to restrict handling of certain hazardous wastes. The rule, originally proposed under Clinton, would have enforced stringent handling restrictions on factory shop towels contaminated with solvents that can harm the health of workers. However, during the Bush administration, industry advocates were allowed to view an advanced copy of the regulation and propose changes, which were then adopted by the EPA, according to the Washington Post.

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Regulatory News Briefs

GAO Report Finds OSHA Underuses Audit System Bush Policies Leave Wetlands Open for Development Superfund Super Broke?

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Snowmobiles Allowed in Yellowstone Despite Court Loss

The National Park Service (NPS) has announced that it will allow up to 720 snowmobiles per day in Yellowstone, beginning this coming winter, while it works on a final rule on that matter. Despite a January federal court ruling rebuking the administration's efforts to reinstate the use of snowmobiles in Yellowstone National Park, NPS announced August 19 a plan that would allow snowmobile access to Yellowstone for up to three years while it drafts a new rule setting standards for snowmobile use.

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Kennedy Calls for OSHA Accountability in Letter to Chao

Senator Edward Kennedy, Ranking Member of the Senate Health, Education, Labor and Pensions Committee, sent a letter to Department of Labor Secretary Elaine Chao on August 18 expressing his concern over the lack of "development and enforcement of health and safety regulation."

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White House Overrides Forest Service, Allows Gas Project

White House officials have overridden a decision by the U.S. Forest Service to deny a Texas energy company's request to explore for natural gas in a national forest, according to correspondence uncovered by the Los Angeles Times. Although the Forest Service originally denied the request by El Paso Corp. two years ago, the agency made an about-face earlier this month and laid the groundwork for a future approval of the company's request to drill in the Carson National Forest, a section of New Mexico's Valle Vidal adjacent to the nation's largest Boy Scout camp.

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Mine Safety Subordinated to Mining Company Interests

A front-page story in the New York Times August 9 examined the Bush administration's record over the last four years of subordinating mine safety issues to the special interests of the mining companies, stressing in particular the role of former mining executive Dave Lauriski, who is now head of the Mine Safety and Health Administration. Among the rollbacks of mining safety protections under Lauriski's leadership:
  • A proposed change to allow coal-dust levels in mines to quadruple, thus putting miners at a significantly increased risk of black lung.

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OSHA, Congress Weaken Workers' Protections Against TB

According to a July 30 memo from OSHA Deputy Assistant Layne Davis to OSHA Regional Administrators, field officers for the Occupational Safety and Health Administration must contact OSHA's Enforcement Directorate before issuing a citation of violations of new respiratory protection requirements for tuberculosis. This requirement further enervates a system of safeguards that has been increasingly weakened over the past year.

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Court Rejects Cost Considerations in Clean Air Act ... Almost

In a confusing opinion, the D.C. Circuit has rejected a rule that would have allowed the use of two ozone-depleting chemicals in certain circumstances despite the designation of a non-depleting alternative. Although the decision was based in part on the improper consideration of costs to industry, the court nonetheless declined to make a definitive holding on the permissibility of cost considerations in the disputed section of the Clean Air Act. About the Case

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