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Sweeping Anti-Reg Bills Reach House Floor

The “Regulatory Flexibility Improvements Act” (RFIA) and the “Regulatory Accountability Act” (RAA) are headed for votes on the House floor shortly (today and/or tomorrow). The “Gum Up Public Health and Safety Protections Act” apparently wasn’t going to sell as well.

A quick recap of the Regulatory Accountability Act, via CPR Member Scholar Sidney Shapiro’s Congressional testimony on the bill in October:

  • The regulatory system is already too ossified, and H.R. 3010 would only exacerbate this problem.  It currently takes four to eight years for an agency to promulgate and enforce most significant rules, and the proposed procedures would likely add another two to three years to the process.  In the meantime, thousands of people would die and tens of thousands more would be injured or become ill because of the lack of regulation.
  • H.R. 3010 would block or dilute the critical safeguards on which all Americans depend.  The available evidence demonstrates unequivocally that regulations have benefited the United States greatly, while the failure to regulate has cost us dearly, from the financial collapse to the BP oil spill. The bill would overrule more than 25 environmental, health, and safety statutes by enshrining the protection of corporate profit margins, rather than the protection of individuals, as the primary concern of regulatory decision-making.
  • H.R. 3010 is a drastic overhaul of the Administrative Procedure Act.  The bill would add over 60 new procedural and analytical requirements to the agency rulemaking process.

For a point-by-point examination of how the RAA would leave Americans and the environment less protected, I also recommend the Coalition for Sensible Safeguards’ exhaustive report on the bill.

The RFIA would, as the White House put it, “impose unneeded and costly analytical and procedural requirements on agencies that would prevent them from performing their statutory responsibilities.  It would also create needless regulatory and legal uncertainty and increase costs for businesses and further impede the implementation of commonsense protections for the American public.” (The White House issued a veto threat on the RAA, as well).

You can spin it all you want, but in the end these bills seek to block public health and safety protections.

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Ben Somberg | December 1, 2011

Sweeping Anti-Reg Bills Reach House Floor

The “Regulatory Flexibility Improvements Act” (RFIA) and the “Regulatory Accountability Act” (RAA) are headed for votes on the House floor shortly (today and/or tomorrow). The “Gum Up Public Health and Safety Protections Act” apparently wasn’t going to sell as well. A quick recap of the Regulatory Accountability Act, via CPR Member Scholar Sidney Shapiro’s Congressional testimony […]

Matt Shudtz | December 1, 2011

OSHA Expands National Emphasis Program for Chemical Facility Process Safety Management

This week OSHA expanded a two-year-old enforcement program aimed at preventing catastrophic release of highly hazardous chemicals—the type of headline-grabbing event that ruined thousands of lives in Bhopal in 1984 and was narrowly avoided in West Virginia in 2008.  Originally targeted at just three regions (and optional for state-plan states in those regions), the National […]

Robert Adler | November 30, 2011

Is State Ownership of Public Trust Waters At Risk When SCOTUS Hears PPL Montana v. Montana?

When the U.S. Supreme Court hears oral argument in PPL Montana, L.L.C v. State of Montana on December 7, it will consider issues of constitutional history dating to the early days of the American Republic and legal sources that some claim (and others dispute) trace to Magna Charta and the Institutes of Justinian in Roman law. […]

Sidney A. Shapiro | November 29, 2011

Even More Evidence Disputes Claims that Regulation Is Stalling Economic Recovery, But Regulatory Opponents Continue to Press Their (False) Claims

Republicans in the House have spent much of the fall trying to blame regulation for the nation’s slow economic recovery.  The fact that there is no reasonable evidence to back up this claim is apparently not a concern for the regulatory opponents.  Moreover, regulatory opponents skip entirely over the impacts of the failure to regulate, […]

Rena Steinzor | November 28, 2011

New Report: Behind Closed Doors at the White House, Obama Administration Politicizes the Regulatory Process

When former Harvard Law Professor and eclectic intellectual Cass Sunstein was named administrator of the Office of Information and Regulatory Affairs (OIRA), conservative, industry-oriented Wall Street Journal editorial writers enthused that his appointment was a “promising sign.” A slew of subsequent events has proved their optimism well placed, as we have noted repeatedly in CPRBlog.  […]

Ben Somberg | November 22, 2011

Small Business Owners: Top Concern is Poor Sales. Blanche Lincoln: Top Concern is Regulations.

Former Senator Blanche Lincoln, currently heading an anti-regulatory campaign called “Small Businesses for Sensible Regulation,” appeared on CNBC on Friday to make her case. Lincoln’s been busy trying to use different iterations of a debunked SBA report claiming astronomical costs for regulations. This time she skipped that piece, but offered this take (at 3:15): This […]

Amy Sinden | November 17, 2011

Sore Losers: Two House Subcommittee Chairs Want to Discount the Lives of Seniors in Last-Ditch Effort to Downplay Benefits of Clean Air Regulation

Remember that kid on the playground who always insisted on changing the rules of the game and then still threw a tantrum when he lost? That’s just the kind of spoiled-brat behavior we’re seeing from the coal industry and its elected agents on Capitol Hill this week. Coal and other polluting industries have spent decades complaining about […]

Robert Verchick | November 15, 2011

Fifth Circuit Mulls Katrina Flood Ruling

        Mr. Go is Gone     Today’s question: When are flood waters not “flood waters”? We New Orleanians have become fluent in all things subaqueous; last week three Texans sitting on the Fifth Circuit Court of Appeals took their turn. Yes, we’re talking about Katrina. Or, more specifically, its flood waters, which […]

Sandra Zellmer | November 14, 2011

TransCanada Says Nebraska Bill on Pipeline Rerouting Is Unconstitutional. Here’s Why They’re Wrong.

The Nebraska Legislature is in a special session currently to consider five bills concerning the proposed Keystone XL pipeline. The situation was shaken up by Thursday’s announcement from the Obama Administration that it was pushing back its decision on federal approval of the pipeline. This news may take away some urgency for the Nebraska Legislature, […]