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Wednesday, October 25, 2006

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

Opposition to Dudley as Regulatory Czar Mounts

A Senate committee recently announced a hearing for Nov. 13 to consider the nomination of Susan Dudley to be the head of the White House's regulatory office. The Dudley nomination has created a firestorm of protest from organizations representing workers, environmental issues, consumer protections, and other public interest concerns.

Ballot Initiative Threatens Regulatory Protections

November ballot initiatives in six states would force state governments to provide compensation for lost property value as a result of regulation or be forced to waive the regulatory protection.

Posted by Genevieve Smith, 10:32:35 PM

Monday, October 23, 2006

Dudley Hearing Scheduled for Nov. 13

The Homeland Security and Goverment Affairs Committee will hold a hearing on the White House's nomination of Susan Dudley to head the Office of Information and Regulatory Affairs on Nov. 13. During her time as head of regulatory policy for the Mercatus Center, Dudley racked up a pretty extensive anti-regulatory record, opposing regulations to get arsenic out of drinking water, reduce smog levels and make cars more fuel efficient.

You can help oppose the nomination of Susan Dudley by contacting your senators! Contact them today and tell them you oppose the nomination of Susan Dudley and they should too.

Find out more about how Susan Dudley could wreak havoc on the public protections you care about by reading our report, The Cost is Too High. You can also stay on top of the latest news on the nomination by visiting the DudleyWatch section of our website.

Posted by Genevieve Smith, 10:34:14 PM

Sunday, October 22, 2006

Recess Appointment for MSHA Head
As predicted, Bush appointed Richard Stickler to head the Mine Safety and Health Administration during recess. Stickler's nomination had been blocked by Sen. Robert Byrd from West Virginia, a state which saw several mining tragedies this year. The bad news is that for the time being, we have yet another fox in the henhouse. The good news is that a recess appointment ends with the next congressional session, unless the Senate chooses to take up the nomination.

More on Stickler.

Posted by Genevieve Smith, 11:23:44 PM

Saturday, October 21, 2006

Stop Susan Dudley Now!
The Bush administration is on the attack -- again. This time, it's with the nomination of Susan Dudley as administrator of the Office of Information and Regulatory Affairs (OIRA). OIRA is an important regulatory agency that reviews everything from auto safety standards to limits on industrial chemicals and air and water pollutants.

Susan Dudley would cripple OIRA. As director of regulatory studies at the industry-funded Mercatus Center, she opposed countless environmental, health and safety rules, including:

EPA's attempts to keep arsenic out of drinking water and lower levels of disease-causing smog;
NHTSA's life-saving air bag regulations and the Department of Transportation?s hours-of-service rules to keep sleep-deprived truck drivers off the roads; and
energy regulation, the roll-back of which has led to skyrocketing prices.

Write your Representative and stop Susan Dudley now!

Posted by Genevieve Smith, 03:41:09 PM

Tuesday, October 10, 2006

Is FDA Ready for Nanotechnology?
While nanotechnology could provide some exciting innovations, its impact on people is still largely unknown. As we pointed out last year, some scientists believe nanotechnology could pose risks similar to ultrafine particles released through combustion and welding, which are known to cause a range of health problems that include respiratory and cardiac ailments. But while scientists are still investigating the health effects of nanoparticles, industry is already rushing to get new nanotech products on the market.

Now a new report by the Pew Charitable Trusts in partnership and the Wilson Center for International Scholars says FDA may be ill-equipped to regulate this emerging field. With an ever-shrinking budget and ambiguous legal authority, FDA may not be able to properly evaluate new nanotechnology products before they reach consumers.

Gaps exist in FDA’s legal tool kit. FDA implements a venerable old consumer protection law, the Federal Food, Drug and Cosmetic (FDC) Act, that has stood the test of time in many respects and has retained its resilience through significant amendments since first being enacted in 1938. Nanotechnology does reveal gaps in FDA’s legal tool kit. While there is not a need to start from scratch in providing FDA the legal tools it require to regulate the products of nanotechnology, those gaps do need to be filled if FDA is to provide the oversight people expect. The report analyzes the FDC Act with nanotechnology in mind, identifies gaps, and recommends ways to close them.
FDA lacks necessary resources. The larger issue affecting FDA’s readiness for nanotechnology is resources. For the past decade or more, FDA’s resource base and overall capacity have been eroded by the pressure of increasing demands and costs of doing business coupled with the failure of Congress and successive administrations to adequately fund even base operations. Just to be able to do what it was doing in 1996 and continue the new activities mandated for it since then, FDA’s 2006 budget would have to be 49% greater than it is. Under the President’s proposed 2007 budget for FDA, the funding gap between responsibilities and capacity will grow again, to 56%. This harsh budget reality is a real threat to FDA’s ability to effectively oversee nanotechnology. It means among other things that FDA lacks the resources it needs to build its own expertise, to develop the safety-testing protocols and detection methods needed to evaluate new nanotechnology products, to conduct its own risk research, to gather the necessary premarket data required to get ahead of commercialization and to oversee products after they have entered the market.

FDA held its first major meeting on nanotechnology Tuesday.

Posted by Genevieve Smith, 10:42:58 PM

Thursday, October 05, 2006

Possible Recess Appointment for Mine Safety Head
The Senate has now failed to act on the nomination of industry-man Richard Stickler to head the Mine Safety and Health Administration (MSHA) twice. As we reported in February, Stickler is an industry man with a poor track record when it comes to health and safety. According to the United Mine Workers, mines run by Stickler had accident rates double that of the national average for six of eight years, including two fatal accidents at a mine Stickler managed for five years. The United Mine Workers has opposed his nomination to lead the federal agency and previously opposed his 1997 nomination to the Pennsylvania mine safety department. According to a UMWA letter to President Bush opposing the nomination, "[t]he continued tenure of Mr. Stickler will have a grave and immediate impact on state's miners."

With Sen. Robert Byrd (D-WV) vowing to block the nomination, it seems unlikely Bush would try to send the Stickler nomination to the floor a third time. As rumored in CongressDaily (subscription-only), Bush might also try to push Stickler through in a recess appointment. According to CD, "a spokesman for Senate Health, Education, Labor and Pensions Chairman Enzi said Stickler is not likely to become the head of MSHA outside of a recess appointment. 'That would be a fair assessment,' the spokesman said. 'We've got an impasse on this particular nominee and the White House is going to have to make a decision as to what they prefer to do.'"

Posted by Genevieve Smith, 10:02:54 AM

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