CPR's Heinzerling Calls on Next President to Scrap White House Regulatory Review Process, Start from Scratch

by Brian Gumm | October 31, 2016

Earlier this month, the American Constitution Society for Law and Policy published a collection of essays filled with legal and policy recommendations for the next president. Center for Progressive Reform Member Scholar Lisa Heinzerling closed out the publication with a piece on improving federal environmental policy, which includes recommendations for how the next president can ensure that the White House Office of Information and Regulatory Affairs (OIRA) stays out of the way. 

Under the auspices of a series of executive orders, OIRA has been interfering with agency rulemaking and the development of crucial public protections for decades. From closed-door meetings with industry lobbyists to inappropriate substantive changes that overrule the judgment of agency scientists and other experts, OIRA has not done enough to support agency actions in pursuit of cleaner air and water, better protected natural resources, and safer workplaces. Instead, OIRA's record is marred by repeated efforts to weaken rules for the sake of political expediency. 

As Heinzerling notes in her essay, this has to stop: 

The next president should dismantle this process and start from scratch. The primary method through which the president should exercise control over the executive agencies is the one envisioned in the Constitution: the nomination of "Officers of the United States." The president may, of course, choose these officers based on the conformance between the president's and the officer's views of regulatory policy and priorities. If their ...

CPR's Driesen to Give House Judiciary a Tough Review of OIRA

by James Goodwin | July 06, 2016
This afternoon, the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial, and Antitrust Law will hold an oversight hearing that looks at the Office of Information and Regulatory Affairs (OIRA), the powerful White House bureau that sits at the center of the regulatory universe.  Originally created to oversee federal agencies' implementation of the Paperwork Reduction Act, a series of presidential executive orders stretching back to the Reagan administration has endowed OIRA with a powerful gatekeeping role over executive agencies' rulemaking ...

50 OIRAs? Another State (New Jersey) Drinks the Regulatory Review Kool-Aid

by James Goodwin | March 29, 2010
It’s official: Centralized regulatory review is trickling down to the states. Last month, in one of his very first actions as the newly elected Governor of New Jersey, Chris Christie issued a pair of sweeping executive orders (no. 1 and no. 2) mandating centralized review of all state agency regulations to ensure that they are justified by cost-benefit analysis (CBA). The orders’ provisions mirror those of a controversial executive order issued by New York Governor David Paterson last August (for ...

Eye on OIRA: Sunstein Says Ambitious Efforts to Revamp Regulatory Review Tabled for the Time Being. What Does It Mean? Not Much. Just Ask Oscar the Grouch.

by Rena Steinzor | March 12, 2010
In a rare public appearance at the Brookings Institute Wednesday, Office of Information and Regulatory Affairs (OIRA) Administrator Cass Sunstein is quoted by BNA’s Daily Report for Executives saying that his ambitious plans for revamping Executive Order 12,866 – the document that governs much of the process of regulating, and particularly OIRA’s role in it –have been tabled for the time being as he and his staff study the lengthy comments presented by a broad range of industry and public ...

OIRA Must Be Having a Doorbuster Sale of Its Own

by James Goodwin | November 25, 2009
Perhaps caught up in the spirit of the holiday shopping season, a large number of industry bargain hunters have been busy seeking great deals on regulatory relief at the White House's Office of Information and Regulatory Affairs (OIRA) in recent weeks. To be precise, the bureau hosted no fewer than 11 meetings with corporate interests regarding seven different regulatory issues between November 4 and November 16. The meetings covered a range of topics. One meeting saw representatives of Shell Oil ...

What We'll Look For in the Obama Administration's Forthcoming Executive Order on Regulatory Process

by Ben Somberg | November 23, 2009
The Obama Administration is expected to issue revisions to Executive Order 12,866, which specifies how the White House Office of Management and Budget (OMB) supervises federal regulatory agencies as they develop regulations to protect health, safety, the environment, and more (see the full comments on the matter submitted by CPR's board members in March). CPR President Rena Steinzor and Board Member Rob Glicksman have issued a backgrounder on the coming Executive Order -- explaining the context and setting out six ...

'Curiouser and Curiouser!' Cried Alice ... A Tale of Regulatory Policy in the Obama Administration

by Sidney Shapiro | July 30, 2009
Like Alice's adventure, the development of regulatory oversight in the Obama administration is becoming "curiouser and curiouser." President Obama selected Cass Sunstein to be the head of the Office of Information and Regulatory Affairs (OIRA), a curious choice since Sunstein, although one of the country’s most distinguished academics, is in favor of extending the use of cost-benefit analysis, a position so popular with the business community that the Wall Street Journal endorsed his nomination. Sunstein's confirmation hearing was uneventful, probably ...

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