CPRBlog Archives
[ Prev ] [ Next ]

At Last, the Obama Administration Acknowledges Need for Urgency on Advancing Regulatory Agenda

At last, the Obama Administration is articulating a sense of urgency about moving vitally needed health and safty regulations through its pipeline. Here’s Howard Shelanski, White House Office of Information and Regulatory Affairs, in a Bloomberg BNA story this week:

“So we are working now, here in January of 2015, on getting priorities lined up, so that we do not find ourselves at some point in 2016 with really important policy priorities unexecuted,” Shelanski said.

Later in the interview:

Still, the reason OIRA is working hard with agencies in early 2015 is so they can bring the most important rules through the process this year and finalize them sometime in early 2016, Shelanski said.

It’s about time. Last November, CPR released an Issue Alert calling on the Obama Administration to seize the opportunity offered by its remaining time in office and complete a slate of 13 essential regulatory safeguards that would deliver long-lasting protections for public health, safety, and the environment.  In particular, the Issue Alert urged the Administration to immediately begin taking steps toward charting a course for these and other safeguards that would ensure their completion “by no later than June 30, 2016,” which would ensure that they are not swept up in any political riptides in the months leading up to the 2016 presidential elections and to otherwise insulate them against potential repeal under the Congressional Review Act.

Full text

The Age of Greed: Toxic Chemical Control Is 'High Priority' Failure for Nation’s Government

Today, the Government Accountability Office (GAO) reiterated its conclusion that EPA’s regulation of toxic chemicals is in crisis, unable to deliver badly needed protection to the American people.  These benighted programs are among a couple of dozen of “high priority” failures that cause serious harm to public health, waste resources, or endanger national security, and Congress is giving the report red carpet treatment, with House and Senate hearings on the report scheduled the very day it was released. 

In auditor speak, GAO says that “[b]ecause EPA had not developed sufficient chemical assessment information under these programs to limit exposure to many chemicals that may pose substantial health risks, we added this issue to the High Risk List in 2009.”  At the time, then-Administrator Lisa Jackson took clear steps to rescue the program. Since then, very little progress has been made, largely because the Obama Administration has narrowed its focus to climate change, and a major overhaul of initiatives swamped by chemical industry nitpicking does not seem to be in the cards until at least 2017.

Full text

Department of Transportation’s Crude-by-Rail Safety Standards Keep Chugging Along

According to the Office of Information and Regulatory Affairs’ (OIRA) records, the Department of Transportation submitted its draft final crude-by-rail safety rule for White House review late last week.  OIRA’s review of draft final rules represents the last hurdle in what can be a long and resource-intensive rulemaking process; just about any rule of consequence cannot take effect without OIRA’s final approval.  Once completed, the crude-by-rail rulemaking would help to avoid train derailments and crashes involving the more than 415,000 rail-carloads of flammable crude oil traveling across the United States each year, and to minimize the consequences of such catastrophes if and when they do occur.  A recent CPR Issue Alert featured the rulemaking as among the essential 13 regulatory actions that the Obama Administration should commit to completing during its remaining time in office.

OIRA’s centralized review can be a highly contentious and politically charged process, as it allows corporate interests to attack rules they find inconvenient behind closed doors out of the public view.  A 2011 CPR White Paper found that industry lobbyists dominate these closed-door meetings, with 65 percent of the meetings’ participants representing regulated industries.  In these meetings, industry lobbyists typically find an audience—often made up of the conservative economists that comprise much of OIRA’s staff as well as political operators from the West Wing—that is sympathetic to their pitch.  This White Paper and other academic research has shown that industry dominance of the OIRA review process has its desired antiregulatory effect, resulting in rules being delayed, watered down, and sometimes blocked altogether.  

Full text

Winning Safer Workplaces: The State-plan Switcheroo

In Kansas and Maryland, two states separated by geography and politics, Republican state lawmakers are touting plans that could seriously alter the institutions that workers in those states rely upon to keep them safe on the job.

Two weeks ago, Maryland Delegate (now State Senator) Andrew Serafini introduced a bill that would make drastic changes to the way the Maryland Occupational Safety and Health agency (MOSH) does its job. So drastic, in fact, that the feds would likely have to step in and take over the state’s program. The biggest problem with the bill is a requirement that the agency send employers a letter, warning them that MOSH inspectors are on the way. Tipping off employers is bad policy for an enforcement agency trying to regulate conditions that can be easily be disguised or altered. In many cases, it’s also a criminal act.

The bill has a few other features that likely wouldn’t sit well with the federal OSHA auditors, who annually review state-plan agencies’ policies and practices to ensure that they continue to operate programs that are at least as effective as what Fed-OSHA is doing in other states (not all states run their own state-plan programs). For example, the bill would prevent MOSH from issuing fines in a number of circumstances that would lead to citations in other states. Given the evidence that shows inspections and citations lead to safer workplaces, this kid-glove approach to enforcement puts workers at risk and creates a policy that is not as effective as the Fed-OSHA approach.

Full text

New CPR Issue Alert: The Small Business Charade

Tomorrow, the House is set to vote on the Small Business Regulatory Flexibility Improvements Act (SBRFIA), a piece of legislation that CPR Senior Policy Analyst James Goodwin has explained would “further entrench big businesses’ control over rulemaking institutions and procedures that are ostensibly intended to help small businesses participate more effectively in the development of new regulations.”

As Members of the House prepare for Thursday’s vote, CPR has something to add to their files: a new Issue Alert with details about how the Regulatory Flexibility Act is failing small businesses.  In The Small Business Charade: The Chemical Industry’s Stealth Campaign Against Public Health, CPR President Rena Steinzor, Senior Policy Analyst James Goodwin, and I explain how the American Chemistry Council (ACC) and other large trade associations manipulated the procedures outlined in the Regulatory Flexibility Act to protect their profits at the expense of the public interest—all while wasting taxpayers’ money and silencing legitimate small business input into the regulatory process. We take a close look at emails obtained through the Freedom of Information Act (h/t Center for Effective Government) and explore how ACC tried to manipulate OSHA’s ongoing efforts to better protect workers from respirable crystalline silica, a ubiquitous and under-regulated carcinogen.

Full text

Your Up-to-Date 10-Day Forecast for Capitol Hill: A Blizzard of Antiregulatory Bills

While meteorologists’ recent doom-laden predictions of an apocalyptic blizzard hitting the mid-Atlantic may not have exactly panned out, I have a forecast that you can take to the bank:  A large mass of conservative hot air has recently moved into the Washington, DC, region where it is now combining with a high pressure zone of intense industry lobbying.  As a result, we can expect over the next several days a heavy downpour of bills aimed at eviscerating our nation’s regulatory safety net with long-lasting, if not irreversible, damage to the public health, financial security, and the environment.  The powerful corporate interests that find compliance with these safeguards to be inconvenient to their bottom lines, however, stand to reap a windfall from this storm if any of these bills are enacted into law.

I have already highlighted one of these bills—the Small Business Regulatory Flexibility Improvements Act (SBRFIA)—in this space earlier.  As I explained there, the bill—which the House Judiciary Committee marked up today without the benefit of a formal background hearings—would further entrench big businesses’ control over rulemaking institutions and procedures that are ostensibly intended to help small businesses participate more effectively in the development of new regulations.  As it stands now, the Small Business Administration’s (SBA) Office of Advocacy already wastes taxpayer money by working on behalf of powerful corporate interests to block or delay regulatory safeguards to the detriment of both small businesses and the general public.

But the antiregulatory members of Congress aren’t stopping there.  They have several other bills teed up that are similarly aimed at weakening the ability of regulatory agencies—such as the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the Consumer Financial Protection Bureau—from carrying out their statutory missions of protecting the public.

Full text

In Their Rush to Help Big Business, Antiregulatory Members of Congress are Trampling Small Ones Along the Way

Just as The Sixth Sense makes more sense when you realize that Bruce Willis’s character has been dead the whole time, the Small Business Regulatory Flexibility Improvements Act (SBRFIA)—the latest antiregulatory bill being championed by antiregulatory members of the House of Representatives—makes more sense when you realize that it has nothing to do with helping small businesses at all.  Rather, it’s all about helping powerful corporate interests increase their profits at the expense of public health, safety, and the environment.   The twist ending to this nightmare of a bill is that real small businesses—the very entities the bill’s sponsors claim to be helping—are left in a worse position than if the bill were never enacted at all.

Conservative members of Congress have long pretended to care about small businesses—at least, insofar as it helps advance their broader antigovernment campaign.  To this end, these lawmakers have succeeded in building a complex legal apparatus that purports to strengthen the voice of small businesses in the rulemaking process.  Under a series of laws starting with the Regulatory Flexibility Act, agencies must undertake various analyses of their rules’ impacts on small businesses, and their compliance with these requirements is overseen by a powerful agency known as the Small Business Administration’s (SBA) Office of Advocacy.  As first detailed in a 2013 CPR white paper, however, the dirty secret behind this Potemkin’s village is that these institutions serve the interests of the large corporations that already dominate the rulemaking process to the exclusion of both small businesses and public interest advocates.

Full text

With State of the Union Address, Obama Begins Sketching Out a Positive View of Government

There were many highlights in President Obama’s recent State of the Union address, but one passage in particular stuck out for us.  In this passage, Obama laid out his clear vision of the positive role that government can and must play in our society—and sharing this vision with the American public will be essential for successfully repelling the oncoming Republican onslaught against regulatory safeguards.  He cast his positive vision of government in the following terms:

But here’s the thing—those of us here tonight, we need to set our sights higher than just making sure government doesn’t halt the progress we’re making.  We need to do more than just do no harm.  Tonight, together, let’s do more to restore the link between hard work and growing opportunity for every American.

In other words, we as a society benefit when everyone has the opportunity to achieve his or her full potential.  The government is uniquely positioned to ensure that everyone is afforded opportunity; and, when the government is permitted to function effectively, it can and will fulfill this task successfully.  Individuals win.  Society wins.  And the government has a critical role to play in achieving these results.

Full text

Killer Coal

Black lung has been the underlying or contributing cause of death for more than 75,000 coal miners since 1968, according to NIOSH, the federal agency responsible for conducting research on work-related diseases and injuries. Since 1970, the Department of Labor has paid over $44 billion in benefits to miners totally disabled by respiratory diseases (or their survivors). The annual death rate from mining accidents is 20-25 per 100,000, about six times the average industry. If you do the math, that means comes out to about six deaths per thousand workers over the course of a thirty-year career as a miner. This is actually an underestimate because the government figures include office workers employed in the industry.

Miners aren’t the only victims. There’s also air pollution. Even with the pollution controls in place in developed countries, coal remains deadly. According to a 2011 report of the American lung association, particulate pollution from coal-fired power plants causes about thirteen thousand deaths per year. Indeed, according to the report: “Coal-fired power plants that sell electricity to the grid produce more hazardous air pollution in the U.S. than any other industrial pollution sources.”

Of course, things would be much worse if it weren’t for EPA. Just look at China, which has done very little to control pollution from power plants. According to a recent study:

Air pollution causes people in northern China to live an average of 5.5 years shorter than their southern counterparts. . . .

High levels of air pollution in northern China – much of it caused by an over-reliance on burning coal for heat – will cause 500 million people to lose an aggregate 2.5 billion years from their lives, the authors predict in the study, published in the journal the Proceedings of the National Academy of Sciences.

To put it in as few words as possible: coal kills.

Full text

The Anti-Regulatory Crowd's Small Business Rhetoric Is a Scam

Just as The Sixth Sense makes more sense when you realize that Bruce Willis’s character has been dead the whole time, the Small Business Regulatory Flexibility Improvements Act (SBRFIA)—the latest antiregulatory bill being championed by antiregulatory members of the House of Representatives—makes more sense when you realize that it has nothing to do with helping small businesses at all.  Rather, it’s all about helping powerful corporate interests increase their profits at the expense of public health, safety, and the environment.   The twist ending to this nightmare of a bill is that real small businesses—the very entities the bill’s sponsors claim to be helping—are left in a worse position than if the bill were never enacted at all.

Conservative members of Congress have long pretended to care about small businesses—at least, insofar as it helps advance their broader antigovernment campaign.  To this end, these lawmakers have succeeded in building a complex legal apparatus that purports to strengthen the voice of small businesses in the rulemaking process.  Under a series of laws starting with the Regulatory Flexibility Act, agencies must undertake various analyses of their rules’ impacts on small businesses, and their compliance with these requirements is overseen by a powerful agency known as the Small Business Administration’s (SBA) Office of Advocacy.  As first detailed in a 2013 CPR white paper, however, the dirty secret behind this Potemkin’s village is that these institutions serve the interests of the large corporations that already dominate the rulemaking process to the exclusion of both small businesses and public interest advocates.

At the hub of this complex apparatus—making sure that everything continues to operate smoothly—is the SBA Office of Advocacy itself.  This small, under-the-radar bureau effectively functions as the antiregulatory sister to the much better known White House Office of Information and Regulatory Affairs (OIRA).  Like OIRA, it works on behalf of powerful corporate interests to attack crucial regulatory safeguards for protecting the public.

Full text