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Sunstein Watch: OMB Says it Will Leave EDSP to the EPA Experts

On Monday, OMB Director Peter Orszag sent a letter to Rep. Ed Markey, responding to Congressman Markey’s concerns about OMB’s involvement in EPA’s Endocrine Disruptor Screening Program. Orszag’s letter -- released by Markey's office Wednesday -- explains, in no uncertain terms, that OMB is done meddling in EPA’s scientific determinations about endocrine-disrupting chemicals. It’s a step in the right direction for Orszag and OIRA Administrator Cass Sunstein, who have their work cut out for them if they are going to -- I hope -- work to halt OMB’s historical penchant for interfering in EPA’s work.

Congressman Markey’s concerns about OMB involvement in the EDSP were stoked by the same events that prompted the letter that CPR Board Member Robert Glicksman and I sent to Mr. Sunstein and his colleague Dr. John Holdren of the OSTP. We saw a trail of documents suggesting that OMB was pressuring EPA to revise the procedures through which it would allow pesticide manufacturers to avoid EPA orders to test their products for potential endocrine-disrupting effects. (See CPR Policy Analyst Matthew Shudtz’s October 20 post for details.)

In his letter to Rep. Markey, Mr. Orszag wisely avoided delving into the scientific underpinnings of the EDSP. And in testimony before the House Energy and Commerce Committee’s Subcommittee on Commerce, Trade, and Consumer Protection on Tuesday, EPA’s Steve Owens testified that, after numerous conversations with Mr. Sunstein, it is his understanding that OMB’s terms of clearance for the EDSP Paperwork Reduction Act Information Collection Request “in no way” limits EPA’s discretion under the program.

OMB’s course correction on this issue is great news for scientific integrity. Unfortunately, it cannot undo the mistakes of the past – in particular, the Bush-era changes to the EDSP that opened the floodgates for industry to claim that their old test data are adequate to replace a full battery of new tests that EPA would prefer that they undertake. EPA’s procedures for dealing with “Other Scientifically Relevant Information” aren’t perfect, but the past is behind us, and the future is looking up.

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Rena Steinzor | November 19, 2009

Sunstein Watch: OMB Says it Will Leave EDSP to the EPA Experts

On Monday, OMB Director Peter Orszag sent a letter to Rep. Ed Markey, responding to Congressman Markey’s concerns about OMB’s involvement in EPA’s Endocrine Disruptor Screening Program. Orszag’s letter — released by Markey's office Wednesday — explains, in no uncertain terms, that OMB is done meddling in EPA’s scientific determinations about endocrine-disrupting chemicals. It’s a […]

Yee Huang | November 18, 2009

Update: Judge Approves Settlement on Numeric Nutrient Criteria for Florida

A few months ago, I wrote about a landmark agreement by the EPA to set numeric, statewide nutrient pollution limits  — the first of its kind in the United States. Florida, like most states, has qualitative nutrient pollution limits, which are written in terms such as, “in no case shall nutrient concentrations of body of […]

Yee Huang | November 13, 2009

The Importance of Being Earnest: Nutrient Trading in the Chesapeake Bay

In October, Senator Ben Cardin (D.-Md.) introduced the “Chesapeake Clean Water and Ecosystem Restoration Act of 2009,” signaling the beginning of a new era of federal commitment to Bay restoration. The legislation is a tremendous step in the right direction, and it includes many elements to help make the Bay Program and the Bay-wide Total Daily […]

Holly Doremus | November 12, 2009

Brown Pelican Dis-Endangered

This posting is reprinted, by permission from Legal Planet. The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of […]

Sidney A. Shapiro | November 12, 2009

Defective: Toyota Cars and Automobile Regulation

The National Highway Traffic Safety Administration (NHTSA) recently chastised the Toyota Motor Company for claiming that no defect existed in its cars, even while recalling 3.8 million of them. Toyota instituted the recall one month after a Lexus sedan suddenly accelerated out of control killing four people near San Diego. When Toyota blamed the problem on improperly […]

James Goodwin | November 11, 2009

Like Christmas Shopping Season, the Battle Over Rules at OIRA Begins Earlier and Earlier Every Year

When the Electric Power Research Institute (ERPI)—the research arm of the U.S. power industry—met with OIRA last month to discuss the various “beneficial uses” of spent coal ash from power plants, their timing was impeccable.  Or so it would seem.  On the day of the meeting, October 16, EPA submitted for OIRA review its pre-rule […]

Matthew Freeman | November 10, 2009

Pressing the Button

New in movie theaters this past weekend was a horror flick called, “The Box,” starring Cameron Diaz and James Marsden as a couple given a disturbing choice. They are presented with a mysterious box, equipped with a button. If they press the button, they’ll get $1 million, but someone they do not know will die. […]

Shana Campbell Jones | November 9, 2009

Administration Releases Draft Chesapeake Bay Strategy

Today the Administration released its draft strategy for the Chesapeake Bay. Public comment runs through January 8, and the final strategy is due in May. There’s a lot to read. But here’s one point off the bat that’s of note: Regulatory authority will be expanded to increase accountability for pollution and strengthen permits for animal […]

Alejandro Camacho | November 9, 2009

Climate Change Adaptation Still Being Given Short Shrift in Local, State, and Federal Government

Though few agencies or legislatures have begun to actually develop programs for cultivating adaptation to climate change, at least discussions on climate change adaptation are starting to take place. Unfortunately, as I detail in a forthcoming article, adaptation is still being given short shrift at local, state and federal levels of government, and those who […]