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1600 Pennsylvania Ave |
Who's keeping track, Who's protecting and correcting
Excerpt, editing by Carolyn Bennett
Who regulates, who stymies regulation in public interest, for the public good?
A new study looking into the White House Office of Information and Regulatory
Affairs (OIRA), an in-the-shadows entrenched Reagan-era “refuge for special interests seeking to avoid regulation,” has found that “OIRA routinely substitutes its judgment for that of [Federal] agencies.” The report says this Office second-guesses Federal agencies’ efforts to implement specific
mandates assigned to them by the Congress of the United States in statutes such
as the Clean Air Act, the Food Quality Protection Act, and the Occupational
Safety and Health Act.
In this breach [or breakdown], “OIRA systematically undermines congressional
intent that specified Federal agencies’ neutral experts in the law, science,
engineering, and economics applicable to given industries make the critical decisions” in the public interest and for the public good.
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Center for Progressive Reform image |
In
“Behind Closed Doors at the White House: How Politics Trumps Protection
of Public Health, Worker Safety and the Environment,” researchers found that “the
regulatory process is as political” in the current administration as it was in
the George W. Bush years. The process is “no more transparent; and vigorous
enforcement of the nation’s health, safety, and environmental laws has suffered
as a result.”
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Environmental Protection icon |
The November 28 released report says, “… [A]n executive order (EO 12,866) designed to
enhance the transparency and accountability of OIRA’s review process seems to
have encouraged OIRA to push its activities even
farther into the shadows to escape
the order’s requirements. Somewhat inconsistently, though, OIRA does abide by
the provisions requiring disclosure of its meetings with outside parties during
informal reviews
(deciding for itself which parts of the executive order are important
enough to comply with).”
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U.S. FDA |
During the Obama presidency, the White House Office of Information and
Regulatory Affairs “changed 76 percent of rules submitted to it for review.” In
the George W. Bush years, there was “a 64 percent change rate.”
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Small local farm |
Historically, OIRA’s involvement in the rulemaking process has
functioned as a “one-way ratchet,” characteristically weakening agency
regulations in the interest of economic considerations and rarely if ever
working in the other direction.
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Coal threat |
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Unequal influence - Turthout |
A survey of 30 top political officials at the U.S. Environmental Protection Agency in both the George H.
W. Bush and Clinton administrations found, according to the CPR report, that 89 percent of these officials “answered
that OIRA often or always
sought to make regulations less burdensome for
regulated industries, and
rarely or never sought to make regulations more protective
of health and
the environment.”
In the period the Center for Progressive Reform conducted its study (October 16,
2001- June 1, 2011), “EPA rules were changed at a significantly higher rate (84
percent) than those of other agencies (65 percent).”
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Food threat |
The study by the Washington-based group concludes,
“OIRA’s institutional biases
toward economically minded arguments and sober-minded probabilities favor the
arguments of industry groups over those of public interest groups, which are
often in the position of urging greater protection against unknowable or
unprecedented risks.
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UMass-Amherst |
“The overwhelming abundance of
industry-supplied information makes it far more cognitively ‘available’ to OIRA
analysts than the rarely heard voices of the public interest community.
The Center for Progressive Reform report released November 28, 2011, announced
the results of its six-month analysis of “the bare-bones information OIRA has eked
onto the Web regarding 1,080 meetings held over a ten-year period (October
2001-June 2011) with 5,759 outside lobbyists, 65 percent of whom represented
industry and 12 percent of whom represented public interest groups.”
Sources and notes
Study’s further notes
The Center for Progressive Reform report is the first comprehensive
effort to unpack the dynamics of OIRA’s daily work, specifically with regard to
the only information that is readily available to the public about its internal
review process: records of its meetings with lobbyists. These records are
perhaps the only accessible accounting of OIRA’s influence. The records demonstrate
that in refusing to disclose differences between regulatory drafts as they
enter review and the final versions that emerge at the end of that process, OIRA
has persistently ignored unequivocal mandates of three presidents — Clinton,
George W. Bush, and Obama.
The Center for Progressive Reform study covers OIRA meetings that took
place between October 16, 2001 and June 1, 2011. During this period, OIRA
conducted 6,194 separate ‘reviews’ of regulatory proposals and final rules.
According to the available data, these reviews triggered 1,080 meetings with
OIRA staff involving 5,759 appearances by outside participants.
The researchers’ analysis based on an exhaustive evaluation of the
impact of White House political interference on the mandates of agencies
assigned to protect public health, worker safety, and the environment, reveals
a highly biased process that is far more accessible to regulated industries
than to public interest groups.
Among the study’s list of the 30 organizations that met with OIRA most
frequently, five were national environmental groups (Natural Resources Defense
Council at number 2, Environmental Defense Fund at 5, Sierra Club at 6, Earth justice
at 8, and Consumer Federation at 30).
Seventeen were regulated industries, including the American Chemistry
Council at 1, ExxonMobil at 3, American
Forest and Paper Association at 4,
American Petroleum Institute at 7, Edison Electric Institute at 9, American Trucking
Association at 12, National Association of Home Builders at 13, Air Transport Association
at 15, National Association of Manufacturers at 16, National Cattlemen’s Beef
Association at 17, and DuPont at 19.
Washington, D.C.-based industry law firms placed at 10 (Hunton &
Williams), 14 (Hogan & Hartson), 18 (Crowell & Moring), and 20 (Barnes
& Thornburg).
Termed “small” (as in Small Business Administration) is big
“Under the SBA’s own rules, petroleum refineries, ammunition and
aircraft manufacturers, line-haul railroads, and pipeline transporters of crude
oil can have 1,500 employees and still qualify as ‘small businesses.’
“In their efforts to undermine health and environmental regulations,
SBA’s Office of Advocacy representatives often shared OIRA meetings with
industrial giants like the American Petroleum Institute, the American Chemistry
Council, ExxonMobil, and Atlantic Southeast Airlines—all of them lobbying in
tandem for weaker rules.”
The Obama government “[continues] the Reagan and Bush tradition of
enthroning OIRA as the final arbiter of whether public health and environmental
protections see the light of day.
Centralized White House regulatory review shoves policymaking behind
closed doors, wastes increasingly limited government resources, confuses agency
priorities, demoralizes civil servants, and, worst of all, costs the nation
dearly in lost lives, avoidable illness and injury, and destruction of
irreplaceable natural resources.
“New Report: Behind Closed Doors
at the White House, Obama Administration Politicizes the Regulatory Process” by
Rena Steinzor, November 28, 2011, http://www.progressivereform.org/CPRBlog.cfm?idBlog=EA35C6AD-D47F-EC16-C57E798F4EE9747D
Also CPR blog: “Politicizing the Regulatory Process”
The Behind Closed Doors database; Visit CPR’s “Behind Closed Doors”
database CPRBlog post by Rena Steinzor on the report; The Eye;
CPR’s Eye on OIRA page, http://www.progressivereform.org/OIRASpecInterests.cfm
Rena Steinzor is Professor of
Law at the University of Maryland Francis King Carey School of Law, http://www.progressivereform.org/scholarGateway.cfm
The Center for Progressive Reform
CPR also works to open the regulatory process to greater public
scrutiny, particularly by facilitating the participation of groups representing
the public interest that are often hobbled by restrictions on their ability to
access information upon which decision-makers rely.
The Center for Progressive Reform is a 501(c)(3) nonprofit research and
educational organization with a network of Member Scholars working to protect
health, safety, and the environment through analysis and commentary.
CPR believes sensible safeguards — including doing the best to prevent
harm to people and the environment, distributing environmental harms and
benefits fairly and protecting the earth for future generations — serve
important shared values.
CPR rejects the view that the economic efficiency of private markets
should be the only value used to guide government action. CPR supports
thoughtful government action and reform to advance the well-being of human life
and the environment.
CPR believes people play a crucial role in ensuring both private and
public sector decisions that result in improved protection of consumers, public
health and safety, and the environment. Accordingly, CPR supports ready public
access to the courts, enhanced public participation, and improved public access
to information.
Founded in 2002, CPR is a network of university-affiliated Member
Scholars (more than 50 around the United States) with expertise in legal,
economic, and scientific fields. CPR Member Scholars and staff prepare studies,
reports, articles, and other analyses, and participate in educational forums
and conferences to promote informed and effective public policy.
Led by CPR President Rena Steinzor (University of Maryland Francis King
Carey School of Law) — the Center for Progressive Reform has a seven-member
Board of Directors:
- John Applegate (Indiana University School
of Law Bloomington)
- Robert L. Glicksman (George Washington
University Law School)
- David Hunter (American University Washington
College of Law)
- Thomas O. McGarity (University of Texas
Law, CPR immediate past president)
- Catherine A. O’Neill (Seattle University
School of Law)
- Sidney A. Shapiro (Wake Forest University
School of Law)
- Amy Sinden (Temple University Beasley
School of Law)
http://www.progressivereform.org/aboutCPR.cfm
Also: “Report: Obama Has Weakened More Lobbyist-Opposed Health, Public
Safety Regulations Than Bush — A new report shows that Despite a campaign
pledge to get lobbyists out of Washington, the Obama White House” — [exceeding
its predecessor at 1600 Pennsylvania Avenue] — “has weakened regulation in
favor of corporate interests. … This is the finding in the latest Center for Progressive
Reform study ‘Behind Closed Doors at the White House: How Politics Trumps
Protection of Public Health, Worker Safety, and the Environment.’ The study, ‘Behind Closed Doors at the White
House: How Politics Trumps Protection of Public Health, Worker Safety, and the
Environment,’” November 30, 2011, http://www.democracynow.org/2011/11/30/report_obama_has_weakened_more_lobbyist
UMass-Amherst, College of Natural Resources and the Environment
Clean air, clean water, and healthy soil.
Some things are too important to compromise.
Help make sure they'll
still be possible
for the next generation.
And the one after that.
http://www.umass.edu/nre/getagrip/clueless/page.php?id=1
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