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A Last Push to Deregulate

by: R. Jeffrey Smith  |  The Washington Post

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In its final months in the White House, the Bush administration is preparing to eliminate federal regulations designed to protect the environment and human health. (Photo: Ron Edmonds / AP)

    White House to ease many rules.

    The White House is working to enact a wide array of federal regulations, many of which would weaken government rules aimed at protecting consumers and the environment, before President Bush leaves office in January.

    The new rules would be among the most controversial deregulatory steps of the Bush era and could be difficult for his successor to undo. Some would ease or lift constraints on private industry, including power plants, mines and farms.

    Those and other regulations would help clear obstacles to some commercial ocean-fishing activities, ease controls on emissions of pollutants that contribute to global warming, relax drinking-water standards and lift a key restriction on mountaintop coal mining.

    Once such rules take effect, they typically can be undone only through a laborious new regulatory proceeding, including lengthy periods of public comment, drafting and mandated reanalysis.

    "They want these rules to continue to have an impact long after they leave office," said Matthew Madia, a regulatory expert at OMB Watch, a nonprofit group critical of what it calls the Bush administration's penchant for deregulating in areas where industry wants more freedom. He called the coming deluge "a last-minute assault on the public . . . happening on multiple fronts."

    White House spokesman Tony Fratto said: "This administration has taken extraordinary measures to avoid rushing regulations at the end of the term. And yes, we'd prefer our regulations stand for a very long time -- they're well reasoned and are being considered with the best interests of the nation in mind."

    As many as 90 new regulations are in the works, and at least nine of them are considered "economically significant" because they impose costs or promote societal benefits that exceed $100 million annually. They include new rules governing employees who take family- and medical-related leaves, new standards for preventing or containing oil spills, and a simplified process for settling real estate transactions.

    While it remains unclear how much the administration will be able to accomplish in the coming weeks, the last-minute rush appears to involve fewer regulations than Bush's predecessor, Bill Clinton, approved at the end of his tenure.

    In some cases, Bush's regulations reflect new interpretations of language in federal laws. In other cases, such as several new counterterrorism initiatives, they reflect new executive branch decisions in areas where Congress -- now out of session and focused on the elections -- left the president considerable discretion.

    The burst of activity has made this a busy period for lobbyists who fear that industry views will hold less sway after the elections. The doors at the New Executive Office Building have been whirling with corporate officials and advisers pleading for relief or, in many cases, for hastened decision making.

    According to the Office of Management and Budget's regulatory calendar, the commercial scallop-fishing industry came in two weeks ago to urge that proposed catch limits be eased, nearly bumping into National Mining Association officials making the case for easing rules meant to keep coal slurry waste out of Appalachian streams. A few days earlier, lawyers for kidney dialysis and biotechnology companies registered their complaints at the OMB about new Medicare reimbursement rules. Lobbyists for customs brokers complained about proposed counterterrorism rules that require the advance reporting of shipping data.

    Bush's aides are acutely aware of the political risks of completing their regulatory work too late. On the afternoon of Bush's inauguration, Jan. 20, 2001, his chief of staff issued a government-wide memo that blocked the completion or implementation of regulations drafted in the waning days of the Clinton administration that had not yet taken legal effect.

    "Through the end of the Clinton administration, we were working like crazy to get as many regulations out as possible," said Donald R. Arbuckle, who retired in 2006 after 25 years as an OMB official. "Then on Sunday, the day after the inauguration, OMB Director Mitch Daniels called me in and said, 'Let's pull back as many of these as we can.' "

    Clinton's appointees wound up paying a heavy price for procrastination. Bush's team was able to withdraw 254 regulations that covered such matters as drug and airline safety, immigration and indoor air pollutants. After further review, many of the proposals were modified to reflect Republican policy ideals or scrapped altogether.

    Seeking to avoid falling victim to such partisan tactics, White House Chief of Staff Joshua B. Bolten in May imposed a Nov. 1 government-wide deadline to finish major new regulations, "except in extraordinary circumstances."

    That gives officials just a few more weeks to meet an effective Nov. 20 deadline for the publication of economically significant rules, which take legal effect only after a 60-day congressional comment period. Less important rules take effect after a 30-day period, creating a second deadline of Dec. 20.

    OMB spokeswoman Jane Lee said that Bolten's memo was meant to emphasize the importance of "due diligence" in ensuring that late-term regulations are sound. "We will continue to embrace the thorough and high standards of the regulatory review process," she said.

    As the deadlines near, the administration has begun to issue regulations of great interest to industry, including, in recent days, a rule that allows natural gas pipelines to operate at higher pressures and new Homeland Security rules that shift passenger security screening responsibilities from airlines to the federal government. The OMB also approved a new limit on airborne emissions of lead this month, acting under a court-imposed deadline.

    Many of the rules that could be issued over the next few weeks would ease environmental regulations, according to sources familiar with administration deliberations.

    A rule put forward by the National Marine Fisheries Service and now under final review by the OMB would lift a requirement that environmental impact statements be prepared for certain fisheries-management decisions and would give review authority to regional councils dominated by commercial and recreational fishing interests.

    An Alaska commercial fishing source, granted anonymity so he could speak candidly about private conversations, said that senior administration officials promised to "get the rule done by the end of this month" and that the outcome would be a big improvement.

    Lee Crockett of the Pew Charitable Trusts' Environment Group said the administration has received 194,000 public comments on the rule and protests from 80 members of Congress as well as 160 conservation groups. "This thing is fatally flawed" as well as "wildly unpopular," Crockett said.

    Two other rules nearing completion would ease limits on pollution from power plants, a major energy industry goal for the past eight years that is strenuously opposed by Democratic lawmakers and environmental groups.

    One rule, being pursued over some opposition within the Environmental Protection Agency, would allow current emissions at a power plant to match the highest levels produced by that plant, overturning a rule that more strictly limits such emission increases. According to the EPA's estimate, it would allow millions of tons of additional carbon dioxide into the atmosphere annually, worsening global warming.

    A related regulation would ease limits on emissions from coal-fired power plants near national parks.

    A third rule would allow increased emissions from oil refineries, chemical factories and other industrial plants with complex manufacturing operations.

    These rules "will force Americans to choke on dirtier air for years to come, unless Congress or the new administration reverses these eleventh-hour abuses," said lawyer John Walke of the Natural Resources Defense Council.

    But Scott H. Segal, a Washington lawyer and chief spokesman for the Electric Reliability Coordinating Council, said that "bringing common sense to the Clean Air Act is the best way to enhance energy efficiency and pollution control." He said he is optimistic that the new rule will help keep citizens' lawsuits from obstructing new technologies.

    Jonathan Shradar, an EPA spokesman, said that he could not discuss specifics but added that "we strive to protect human health and the environment." Any rule the agency completes, he said, "is more stringent than the previous one."

  

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Comments

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NOW,do you believe them when

NOW,do you believe them when they say the housing bubble and our current economic crises 'could not have been foreseen'? Tthe SAME TOOLS OF DEREGULATION/EASING CONTROLS IS AGAIN BEING PLACED TO AFFECT US AS THE FINANCIAL CRISES WE NOW LIVE.

The WORST President ever!

The WORST President ever!

sickeningly, most Americans

sickeningly, most Americans & Canadians think the problem is limited to regional concerns. Its a global pandemic of selling a 'prisoners' dilemma' to individuals which supposes that the first person to sell out their community & ecology 'wins' the right to buy all the imported crap they can put their hands onto. sickening.

It's not just about greed,

It's not just about greed, it's about death for the planet.

The photo of an axe wielding

The photo of an axe wielding Bush does not depict the situation accurately enough. He should be on the controls of a crane swinging a wrecking ball.

"The private (Corporate)

"The private (Corporate) taking of the commons is not wealth creation its wealth usurpation". THE CORPORATION

If you remember, even before

If you remember, even before 911, G W Bush said he wanted to be known as the "War President". What we did not know was that he was declaring War on America and the majority of people who live here.

BLEEPERS! Greedy little

BLEEPERS! Greedy little ....I just want them gone gone gone. And after that can't the next admin do something about it if Dems get both houses and the prez office???

As Bush famously said: "Our

As Bush famously said: "Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we." Bush is proving once again that his words were no mistake. If he can harm us, he will.

Apparently results are

Apparently results are trumped by ideology.

Why does this process exist?

Why does this process exist? What can be done to reverse this process? It happened in the Clinton administration and I am sure prior administrations. This is not government by the people, democracy, even if I agree with the changes. Regardless of who the president is, this is the behavior of a dictator not a democratic process.

evil evil evil man. He is a

evil evil evil man. He is a war criminal and has caused so much destruction to the earth in a small period of time.

What an utterly fantastical

What an utterly fantastical debacle!!! This administration could be the worst, not only in history but for the future as well. Oh, but then McCain and Palin could just be the two ignoramuses that could be in fact worse than the what we've got now. It stretches the imagination beyond all bounds to fathom what could be worse...but McCain and Palin bring those fathoms of darkness to light!

Quite frankly I am totally

Quite frankly I am totally fed up and sick of the current administration and its antics used to harm our country and others. All I am seeing in this country anymore is the greed of unfettered capitalism which should be regulated to a degree to prevent the financial crisis that we all have to deal with now. Not only that; but the common decency we once had is gone. They show crap on TV during times when impressionable young minds may be watching that is totally abhorrent to me. One example of that is all the drug commercials saying if we have this problem or that problem we should ask for this or that drug. Not to mention the sex or allusions to it that is on TV. I am by no means a prude; but we as a people should get our minds out of the gutter and spend more time bringing up our children in the correct manner so that they will be good citizens unlike many people that I could name that strive to hurt us and others through a lack of patriotism and respect for humanity as a whole. My apologies for the rant here; but I am not too proud to be an American at the moment and I only hope and pray that we can rescue this country and heal all the wounds that have been caused by greedy companies and the greedy executive branch.

Words do not describe how

Words do not describe how much I despise this president. Just when I think he has done all the damage he could, he finds new ways to arrogantly thumb his nose at us.

"As the deadlines near, the

"As the deadlines near, the administration has begun to issue regulations of great interest to industry, including, in recent days, a rule that allows natural gas pipelines to operate at higher pressures and new Homeland Security rules that shift passenger security screening responsibilities from airlines to the federal government." I am curious as to why the government that has been so adamant about privatization seeks to usurp the airlines on passenger screening? Never mind that the airlines have been doing a fine job over the last 6 years or that this goes against the mantra of big government. Now we have HMS doing it? My gut says this is one more example of tip-toe-totalitarianism. FEMA documents specifically mention using airports for screening and transfer of prisoners to prison camps. Maybe I'm just paranoid, but they keep on trickling this sh*t out one step at a time and no one takes notice. That way we all get used to the idea of a police state presence and we don't question anything. Another article on the topic said that HMS will start screening in January - no mention of legislation but that it was already a done deal.

As a Canadian, I was very

As a Canadian, I was very deeply saddened that Canada re-elected the arrogant Stephen Harper. I am even more troubled by the endless "deregulation" tactics that the Bush administration has embraced. We really need an inquiry. Are politicians lemmings? Does sheer hubris prevent them from seeing reality? Another question that I have always wondered is why do people support them? Why do we support people who work so much against our own best interests? We are gambling the greatest things that we have - our civilization, our future, and the futures of our children here.

Hasn't Bush done enough

Hasn't Bush done enough damage to this country?!

Bush should be tried for

Bush should be tried for murder in a court of law. Not only for the kids he's killing in Iraq and Afghanistan but for the planet.

Bush is a shameful man.

Bush is a shameful man.

If, indeed, Bush is our

If, indeed, Bush is our Commander in Chief. then Why would he pass deregulations that would harm American citizens? Why you ask? Because he is a little man with little vision and little hope of ever being remembered as a great President. He will be remembered for being a President that took America on a wild goose chase and allowed America to fall victim to his wonderful deregulation of the stock market only to see it fall to the lowest levels since the Great Depression. He (Bush) may have millions to fall back on, most Americans do not. So glad we now have a President coming into office who will make changes and will keep America first. Obama is a Statesman of which this country has only dreamed.!!!!!!!! This dream came true!

All of these deregulations

All of these deregulations will be detrimental to this country, and, eventually, the whole world. The Bush administration is using the whole hullabaloo about the recent elections as a big, hard-to-see-through smokescreen.

Scorched earth policy.

Scorched earth policy.