Court Ruling Overturned: Mining Companies Free to Bury Streams Once Again

To the delight of the mining industry, a federal appeals court overturned a ruling that blocked the U.S. Army Corps of Engineers from issuing permits to allow the dumping of waste from mountaintop mining into rivers and valleys.

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New Marine Diesel Rule Falls Short

EPA is issuing a weak final rule to limit nitrogen oxide (NOx) emissions from new marine diesel engines in large ships and tankers. The standards are equivalent to those contained in a previous international agreement, which manufacturers are already meeting, and are not expected to have much effect. Initially, EPA favored taking stronger action, but OMB’s Office of Information and Regulatory Affairs blocked this effort in its review of the agency’s proposed rule.

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EPA Sidesteps Action on Dangerous Herbicide in Drinking Water

EPA will continue to allow widespread use of the weed killer atrazine despite evidence that it has contaminated certain drinking water systems at levels 12 times greater than allowed by law. EPA recently completed an

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Primary Framework

Congress laid out the basic framework under which rulemaking is conducted when it enacted the Administrative Procedure Act (APA) in 1946. It remains the basic legislative standard even though its processes have been affected by more recent statutes. Of course, setting administrative procedure is not the only way Congress directs agency decision-making. In addition to substantive program legislation, Congress also monitors agency performance. It uses the appropriations process, approval of presidential appointees, investigations, oversight, and the legislative veto.

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Administration Advances E-Rulemaking

The Bush administration unveiled a new web site on January 23 that allows the public to view and comment on federal regulatory proposals, searchable by agency or keyword. From the site, Regulations.gov, the user is provided a brief description of each rule open for comment, a link to the agency’s Federal Register notice and complete text of the rule, and a web-based comment form that allows for a 4,000-character submission, as well as attachments.

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Trading Away the Clean Water Act?

A new Environmental Protection Agency (EPA) policy, announced on January 13, will allow industrial polluters to buy trading credits instead of reducing water pollution.

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EPA Announces Plans to Withdraw Protection of Wetlands

The Bush administration unveiled plans on January 15 that would withdraw federal protection for as much as 20 million acres of wetlands, such as marshes, swamps and bogs.

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Senate Rejects Amendment Blocking Clean Air Rollback

The Senate narrowly rejected an amendment on January 22 that would have delayed a rule weakening the Environmental Protection Agency’s (EPA) New Source Review (NSR) program while the National Academy of Sciences evaluates its potential impact on air pollution and human health. The final rule, set to take effect March 3, rolls back clean air protections through a series of exemptions to NSR, which requires older coal-fired power plants to add the latest anti-pollution machinery whenever they are substantially upgraded.

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EPA, FDA, OSHA Alter Regulatory Agendas

Twice a year, in the spring and fall, each federal agency publishes an agenda describing rulemakings under review and actions they expect to take. These agendas -- though frequently inaccurate in their predictions -- provide an important window into the administration’s regulatory priorities and objectives. OMB Watch examined the agendas of three agencies -- the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the Occupational Safety and Health Administration (OSHA) -- to see what has changed during the Bush administration. The following provides the results.

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Regulatory Output Under the Bush Administration

The following information examines the Bush administration's regulatory output of "economically significant" rules over its first two years, focusing on a number of agencies responsible for health, safety and environmental protections. The most meaningful and important regulations are invariably deemed economically significant, meaning they have an estimated impact of at least $100 million a year, including benefits.

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