During its final 11 weeks in office, the Bush administration is feverishly working to use that time to modify federal regulations to weaken consumer and environmental protections.
According to
The Washington Post, these
regulatory changes,“would be among the most controversial deregulatory steps of the Bush era and could be difficult for his successor to undo.” Among these would be regulatory initiatives to lift constraints on such things as drinking water, gas pipelines, power plant emissions, and commercial fishing. 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.
Some environmental changes are
among the most controversial. 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, allowing millions of tons of additional carbon dioxide into the atmosphere annually, potentially worsening global warming. Another regulation would ease limits on emissions from coal-fired power plants near national parks, while 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.
The Bush administration is acutely aware of the risks of completing their regulatory work too late. On Bush's inauguration day, January 20, 2001, his chief of staff, Andrew Card issued a
government-wide memo that blocked the completion or implementation of regulations drafted during the last days of the Clinton administration that had not yet taken legal effect. The new administration 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.
"Through the end of the Clinton administration, we were working like crazy to get as many regulations out as possible. 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.' " - Donald R. Arbuckle, an OMB official who retired in 2006
Seeking to avoid falling victim to similar partisan tactics from a potential Barack Obama White House,
this past May, Bush Chief of Staff Joshua B. Bolten imposed a government-wide November 1st deadline to finish major new regulations, with a November 20th deadline for the publication of any significant initiatives. Less important rules take effect after a 30-day period, creating a second deadline of December 20th.
White House spokesman Tony Fratto defended the administration stating: "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 the deadlines nears, the administration has begun to issue regulations of great interest and advantage to industry, but not so to citizens. These include a rule that allows natural gas pipelines to operate at higher pressures. There are also new Homeland Security rules that shift passenger security screening responsibilities from airlines to the federal government.
