Enforcement Report: A round up of news items related to agency enforcement activity & gaps

As reported in the recent Citizens for Sensible Safeguards report Special Interest Takeover, one of the many threats to our regulatory system is the lack of enforcement of existing regulation. In recent years, the budgets for agency enforcement efforts have been slashed and personnel have been cut. The EPA's Office of Enforcement and Compliance Assurance, for example, has seen a reduction in staff of 12 percent, bringing its staff numbers to the lowest levels since the formation of the agency.

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Federal Advisory Committee Act

Pub. L. No. 92-463, 86 Stat. 770, as amended 1. Short title This Act may be cited as the ''Federal Advisory Committee Act''. 2. Findings and purpose (a) The Congress finds that there are numerous committees, boards, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and beneficial means of furnishing expert advice, ideas, and diverse opinions to the Federal Government. (b) The Congress further finds and declares that--

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Data Quality Act

Treasury and General Government Appropriations Act for Fiscal Year 2001, Pub. L. No. 106-554, 114 Stat. 2763, at App.C § 515 (codified in a note to 44 U.S.C. § 3516)

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News Brief: Court Rejects Judicial Review of Data Quality Act

In the first ever court decision to address the Data Quality Act, a federal district court in Minnesota has held that the Act does not permit petitioners to seek judicial review.

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Court Rejects Claim in First Decision on Data Quality Act

In the first ever court decision to address the Data Quality Act, a federal district court in Minnesota has held that the Act does not permit petitioners to seek judicial review.

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Details Emerge on Data Rejected in Morning-after Pill Decision

Internal FDA memos reported by the Washington Post last week show senior scientists at the FDA disagreed sharply with the agency's decision last month to bar the Plan B morning-after pill from over-the-counter sales. The scientists asserted that FDA officials applied a higher standard for determining Plan B's OTC status than has been applied to other drugs. Dr. John Jenkins, director of FDA's Office of New Drugs, wrote in an internal memo reported in the Wall Street Journal that Plan B is "fully consistent with the agency's usual standards for meeting the criteria" for OTC status.

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Rise in Child Deaths Due to Power Windows Angers Safety Advocates

Seven children have been killed by power windows in the past three months, prompting safety advocates to demand government and industry action. The number of deaths is an increase from the two to four deaths per year reported in the past several years.

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Leaked EPA Memo Reveals Likely Delays from Economics Analysis

OMB requirements that agencies conduct economics-based analyses of the costs and benefits of regulatory decisions have delayed several major environmental protections and prompted the Environmental Protection Agency to install working groups of economists for every major rulemaking, according to an internal EPA memorandum. Uncovered by Inside EPA, the memo from EPA Acting Deputy Administrator Steve Johnson instructs agency officials to adopt new rules that subordinate environmental decisions to economic considerations:

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    Court Rejects Claim in First Decision on Data Quality Act

    In the first ever court decision to address the Data Quality Act, a federal district court in Minnesota has held that the Act does not permit petitioners to seek judicial review.

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    Mexican Trucks Allowed to Run Over Environmental Law

    A unanimous Supreme Court has held that the Federal Motor Carrier Safety Administration (FMCSA) did not violate U.S. environmental law by failing to conduct an environmental impact statement (EIS) of increased pollution from allowing Mexican trucks to operate in the United States beyond limited border zones. The Court's decision reversed an opinion of the Ninth Circuit Court of Appeals requiring FMCSA to consider the pollution increase in a full EIS prior to issuing regulations governing applications and safety inspections for Mexican trucks to operate in the United States.

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