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Sept. 10, 2009 by Rena Steinzor

Newly Confirmed Regulatory Czar Needs to Close OIRA's Backdoor for Special Interests

After weeks of sustained attack from the right-wing on issues that are marginal to the job the President asked him to do, Cass Sunstein has emerged from the nomination process bloody but apparently unbowed (here's this afternoon's roll call). He is now the nation’s “regulatory czar,” Director of the White House OMB Office of Information and Regulatory Affairs.  Although Professor Sunstein has been sitting in the Old Executive Office Building for months, he has undoubtedly been preoccupied with his nomination battle. Having survived the occasionally nonsensical trial by partisan and self-serving flight of fancy that was his confirmations process, we hope he will notice that his staff at OIRA has been behaving as if the 2008 election never happened. Having paid careful attention to OIRA over these past few months, in search of evidence of a new outlook, I’m sorry to report that I’ve drawn the strong impression that Bush Administration culture and ideology remain unchanged at OIRA. To deliver change we can believe in, Cass Sunstein needs to convert OIRA from industry waiting room to objective arbiter of inter-agency disputes.

My impression that change has not yet arrived is based in great measure on a chart …

Sept. 2, 2009 by Rena Steinzor
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Those of us worried sick over climate change confronted a depressing piece of excellent reporting in Monday's Washington Post. Environment reporter David Fahrenthold wrote that environmental organizations are getting their proverbial clocks cleaned by a well-organized and pervasive campaign mounted by affected industries in small and mid-size communities throughout America. “It seems that environmentalists are struggling in a fight they have spent years setting up,” Fahrenthold wrote. “Even now, these groups differ on whether to scare the public with predictions of heat waves or woo it with promises of green jobs.”

If scaring the public is the objective, environmentalists don’t have to look very far for hard facts to support the effort. All they really need to do is focus on what the world’s most prominent and reputable scientists keep trying to tell us about the dismal state of the environment that we’re …

Aug. 25, 2009 by Rena Steinzor
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The publication of in-depth investigative reporting on complex regulatory issues is a phenomenon that has become as rare as hen’s teeth, and I greeted the front-page story in Sunday's New York Times on the perils posed by atrazine with a big cheer. Unfortunately, despite reporter Charles Duhigg’s best efforts, the response of Environmental Protection Agency (EPA) spokespeople and other commentators garbled the issue substantially. What the story revealed is that even on this mammoth and controversial environmental problem, Obama’s EPA has not yet made plans to defuse the booby traps set up by the Bush Administration. It also left the unfortunate impression that experts think that it’s a reasonable public health policy to tell pregnant women to stop drinking tap water to protect their babies from atrazine “spikes.” This mindset that it is up to consumers to protect themselves by avoiding …

Aug. 21, 2009 by Rena Steinzor
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Sen. Charles Grassley (R-IA), of late in the news for his role as power player in the health care debate, has long enjoyed a reputation as a Republican maverick. One reason for that reputation is his highly publicized crusade to improve ethics in the medical profession, specifically with respect to “ghost writing” of medical journal articles. In recent years, it’s become disturbingly common for pharmaceutical companies to hire public relations firms to write summaries of scientific research supporting their products and then pay hefty fees to high-profile academic researchers who sign the drafts and submit them for publication without disclosing their affiliation with their corporate sponsors.

Grassley’s campaign was first featured on the front page of the New York Times in June 2008, with an exposé on a Harvard child psychiatrist who failed to disclose the money he earned from manufacturers of antipsychotic medicines for …

Aug. 14, 2009 by Rena Steinzor
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By now, followers of the controversy over the appointment of Cass Sunstein to serve as Obama Administration “regulatory czar” can do little but shake their heads in astonishment. The controversy over the Harvard professor’s nomination to OMB’s Office of Information and Regulatory Affairs has taken on a picaresque quality, as one bizarre delay follows another. The latest development in the Sunstein saga is reportedly the placement of another, as-yet unidentified senatorial hold on the nomination, perhaps at the behest of cattle rancher and National Rifle Association interests, with Majority Leader Harry Reid promising to take steps in September to release the nominee from limbo.

Meanwhile, as I have noted before in this space, like other nominees with delayed confirmations, Sunstein appears to be in firm control of his 50-odd person staff at the Office of Information and Regulatory Affairs (OIRA) where he has worked in …

July 27, 2009 by Rena Steinzor
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Michael Livermore is right to suggest that environmentalists should be focused on Cass Sunstein’s first official day as regulatory czar for the Obama Administration. After months of delay over the Harvard professor’s eclectic and provocative writings, he will eventually take office if he can placate cattle ranchers concerned about his views on animal rights. Whatever their level of paranoia about Sunstein’s ability to grant animals standing to bring lawsuits, the likely character of his reign was more accurately predicted by the editorial page of The Wall Street Journal, which applauded Sunstein’s devotion to cost-benefit analysis, the major weapon of Presidents Reagan, Bush I, and Bush II to smother health, safety, and environmental protections.

Livermore, an advocate of kinder, gentler cost-benefit analysis that he hopes will lead to regulatory controls more palatable to conservatives, offers a depressing list of priorities for Sunstein on his …

July 23, 2009 by Rena Steinzor
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This post is co-written by CPR President Rena Steinzor and Policy Analyst Matt Shudtz.

Just as the traditional media finished a breathless cycle of reporting on how prospective Supreme Court Justice Sonia Sotomayor had renounced her claim that a “wise Latina” would make different decisions than a white man, an article in USA Today reminded us of the need for many more wise Latinas in the corridors of power in Washington. According to data compiled by the Bureau of Labor Statistics, workplace deaths of Hispanics have increased by 76 percent since 1992, even though total fatalities in all jobs nationwide dropped by almost 10 percent.

What explains these tragic figures? Admittedly, there are simply more Hispanic workers in the United States today.

And the jobs involved are the meanest and the dirtiest. In 2003, 42 percent of workers in the meat and poultry industry, which includes dangerous …

July 14, 2009 by Rena Steinzor
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Bowing to right-wing political pressure, Cass Sunstein, nominee for “regulatory czar” in the Obama Administration, broke months of official silence to plead his case with the cattle ranchers and agribusiness lobby who have engineered a hold on the nomination by Senator Saxby Chambliss (R-GA).  Sunstein’s move was all the more troubling because his absence from the public eye has included an across-the-board refusal to meet with or respond to any inquiries from a wide range of progressive groups and mainstream news reporters.   Everyone who has tried to approach Sunstein has been shunned—from reporters at several top news outlets to representatives of labor unions and advocacy groups.   The strict wall of “no comment until I am confirmed” has persisted despite the fact that Sunstein has been working at OMB for months, actively participating in a series of decisions by the Obama Administration on regulatory matters.

Don …

July 2, 2009 by Rena Steinzor
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The Chesapeake Bay watershed covers 64,000 square miles, measuring 200 miles in length and 35 miles at its widest point. The watershed is one of the most beautiful and economically productive in the world. Tourism, which depends to a large extent on the preservation of pristine environmental conditions, contributes billions of dollars to the economies of Delaware, Maryland, Pennsylvania, and Virginia. As Shana Jones recently wrote on CPRBlog, the Bay is plagued by so-called “nutrient loading,” a condition where a river or stream is choked with organic matter discharged from sewage treatment plants and manufacturing facilities or washed into the water by rainwater runoff from hog and chicken farms, other agricultural lands, and urban centers.

Nutrient loading kills fish and other aquatic life, accelerates the growth of algal blooms, and, at its worst, results in “dead zones” where natural resources cannot survive.

Between 1995 and 2004 …

July 2, 2009 by Rena Steinzor
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As expected, Cass Sunstein's nomination for Administrator of the Office of Information and Regulatory Affairs (OIRA) was approved Wednesday by the Senate Committee on Homeland Security and Government Affairs. Senator Tom Coburn (R-Okla.) alone voted against confirmation (we’re guessing his vote was not motivated by concerns over Sunstein’s past support for cost-benefit analysis and strengthening the institution of centralized regulatory review.) Sunstein is expected to be approved by the full Senate soon.

What now? In his confirmation hearing, Sunstein pledged he'd use underlying statutory standards to guide regulatory decision-making, and illustrated the point by acknowledging that some statutes do not allow agencies to take costs into account at all, such as the provisions of the Clean Air Act that direct EPA to set National Ambient Air Quality Standards. He said the agencies, not OIRA, must play the primary role in making regulatory decisions.

Sunstein also …

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