FDA commissioner Dr. Andrew von Eschenbach is opposed to bipartisan legislation that would allow FDA to regulate tobacco products. Sensible bills in both the House and the Senate would dramatically improve public health as it relates to tobacco products. The bill would do so by placing the tobacco industry — which currently goes unregulated — under the purview of FDA.

In a Mar. 6 interview with the Associated Press, von Eschenbach manipulates the facts in his opposition to the bill. His specious arguments are a poorly veiled attempt to side with the tobacco industry. He also claimed tobacco products are too complex for the FDA to handle. How can an FDA commissioner hold such little regard for his own agency?

One of the bills sponsors, Rep. Henry Waxman (D-CA), wrote a letter to von Eschenbach asking him to correct his various misstatements.

Your statements suggest a serious misunderstanding of the bill and appear to ignore overwhelming evidence that such regulation is necessary to address the continuing epidemic of tobacco-related death and disease.

The Environmental Forum, a bimonthly publication of the Environmental Law Institute, has published six opinions pieces on President Bush's changes to the regulatory process. The magazine features three opinions in favor of the changes and three opposed, including a piece by OMB Watch Executive Director Gary Bass.

Of particular concern is the opinion of John G. Knepper, Deputy General Counsel of OMB. One new amendment requires agency Regulatory Policy Officers (RPO) be presidential appointees. Knepper argues this will make those officials more accountable to Congress and the public. But the Executive Order does not require the Senate to approve the RPO. Knepper, presumably involved in the drafting of the changes, should be more forthright in his argument.

In opposition, Rep. Henry Waxman (D-CA) reinforced the common conclusion that the White House — in the face of an opposition Congress — is attempting in its last two years to leave an anti-regulatory legacy. Waxman articulates the underhanded Bush tactic with a great simile:

"Like a retreating army that mines the road behind it, the Bush administration is erecting new barriers to prevent commonsense safeguards from advancing in the next administration."

As Reg•Watch has blogged before (here and here), President Bush is attempting to further undermine EPA's ability to promulgate regulations to protect the environment by slashing the agency's budget. Administrator Stephen Johnson has inexplicably defended the cuts, towing the administration line instead of sticking up for his own agency.

In a Senate hearing yesterday, Sen. Barbara Boxer (D-CA) expressed this same concern: "To have the EPA administrator talk about how he's not really fought the cuts is very disturbing to me." (Reported in E&E Daily)

Today, the House committee on Energy and Commerce is grilling Johnson on the cuts. You can watch the hearing here. Kudos to Congress for putting up a fight where EPA hasn't.



Posted by Matt Madia, 10:58:31 AM

Wednesday, March 07, 2007

Be sure to check out the latest issue of our biweekly newsletter, The Watcher. Regulatory policy articles this time:

Bush Continues Anti-Regulatory Efforts with Industry Nominee to CPSC

Scientific Consultant Sparks Controversy over Conflicts of Interest

In Congress, No Shortage of Fuel Economy Proposals

Friday, March 02, 2007

Thursday, President Bush nominated Michael Baroody to be a commissioner on the Consumer Product Safety Commission (CPSC). Baroody is the current executive vice president of the National Association of Manufacturers, a trade group whose mission includes "shaping a legislative and regulatory environment" on behalf of manufacturers.

Baroody's ability to shape America's regulatory environment will take on new meaning if he becomes a CPSC commissioner. The CPSC is the independent agency charged with protecting the public from dangerous products. The commissioners (of which there are only three) must be able to work with manufacturers to assess product safety, but also exert authority when industry cooperation does not go far enough in protecting the public.

If you think a commissioner with such obvious strong ties to the industry he must regulate is a bad idea, you are not alone. Public interest groups are already sounding the alarms, and Sen. Barbara Boxer (D-CA) says she will give the nomination "thorough scrutiny," according to the LA Times.

As Reg•Watch has blogged in the past, the CPSC has been short a commissioner since July, and its voting quorum recently expired. I find it depressing to have to contemplate which is worse: a commissioner like Michael Baroody, or no commissioner at all.



Posted by Matt Madia, 10:39:47 AM

Thursday, March 01, 2007

Johnson Defends EPA Budget Cuts, Improves BTO Grammar

Yesterday, U.S. Environmental Protection Agency (EPA) administrator Stephen Johnson testified before a House Appropriations subcommittee on the agency's proposed FY 2008 budget. Johnson was prodded on an EPA water quality program (budget to be cut), a local enforcement initiative (budget to be cut), and the agency at large (budget to be cut), according to BNA.

Naturally, budget cuts make it more difficult for agencies to create and enforce the rules that keep our nation clean, safe, and democratic. However Johnson is optimistic: "This budget will fulfill EPA's responsibilities as guardian of our nation's environment and the taxpayers' money." Commenting on EPA air quality programs, Johnson channeled famed rock group Bachman Turner Overdrive saying, "If you think our air is clean now, you haven't seen anything yet."

In another ill-advised comment, Johnson responded to Rep. James Moran (D-VA) who questioned the administrator on endocrine disruptor (ED) research (budget to be cut). EDs are potent chemicals which can alter hormonal behavior. In 1996, Congress asked EPA to identify and test EDs, but no tests have been performed thus far. Defending the agency, Johnson said, "We have been doing the research, but there's this pesky thing called science."



Posted by Matt Madia, 02:56:47 PM



Latest Developments on Bush Changes to the Regulatory Process

OMB Watch has created a new web center to be the one-stop source for news and developments on President Bush's recent amendments to Executive Order 12866. The web center will be frequently updated with fresh insights, news from Capitol Hill, and links to media coverage.

Public Citizen Urges Congress to Make Cars Safer for Kids

Yesterday, Joan Claybrook, president of the public interest group Public Citizen, testified before a Senate subcommittee on vehicle safety for children. Claybrook urged Congress and the National Highway Traffic Safety Administration (NHTSA) to improve vehicle safety in an effort to reduce the number of children killed in vehicle related accidents — currently about five per day.

Claybrook also chided the Bush administration for renominating Susan Dudley to be the White House's regulatory czar. As OMB Watch has pointed out numerous times (here, here, and here), Dudley's views are not consistent with those of the public and her installation would likely cause unprecedented rollbacks in health and safety regulations.

Read more about Claybrook's testimony here.



Posted by Matt Madia, 09:48:42 AM