CRE Comments on Department of Energy Retrospective Regulatory Review

The Center for Regulatory Effectiveness (CRE) recently submitted comments on the Department of Energy’s (DOE) Retrospective Regulatory Review.   In the comments, the CRE recommended  that:

1.  DOE Should Review Select Existing Regulations Across All Agencies that Have a Major Impact on the National Energy Policy

2.  DOE Must Ensure That Future Energy Regulations and Environmental Analyses are Transparent (such as BLM’s Oil Shale PEIS, see here:, Including Releasing Public Comments to the Public


Read the comments in their entirety here:  DOE Review of Regulations – Center for Regulatory Effectiveness Comments



National Association of Manufacturers Letter to Congressman Issa

The National Association of Manufacturers (NAM) recently submitted a letter to Congressman Issa and the Committee on Oversight and Government Reform.

NAM identified the following regulations as harming job growth:

1. PHMSA Hazardous Materials: Transportation of Lithium Batters

2. EPA Utility MACT

3. EPA Clean Water Act Jurisdiction

4. EPA Hydraulic Fracturing

5. EPA Greenhouse Gas Regulations New Source Performance Standards

6. EPA Cooling Water Intake Structures

7. EPA/DOJ Environmental Justice

8. NLRB Poster Rule

9. NLRB Ambush Elections

10. DOL OFCCP Hiring Rule

11. DOL Persuader Rule

Center for Regulatory Effectiveness Letter to Darrell Issa

The Center for Regulatory Effectiveness (CRE) recently submitted a letter to Congressman Issa and the Committee on Oversight and Government Reform.

The Letter is available in its entirety here: Center for Regulatory Effectiveness Letter to Congressman Issa

Executive Order 13610: Identifying and Reducing Regulatory Burdens

Identifying and Reducing Regulatory Burdens


By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to modernize our regulatory system and to reduce unjustified regulatory burdens and costs, itis hereby ordered as follows:

Section 1. Policy. Regulations play an indispensable role in protecting public health, welfare, safety, and our environment, but they can also impose significant burdens and costs. During challenging economic times, we should be especially careful not to impose unjustified regulatory requirements. For this reason, it is particularly important for agencies to conduct retrospective analyses of existing rules to examine whether they remain justified and whether they should be modified or streamlined in light of changed circumstances, including the rise of new technologies.

Home Medical Equipment Industry Sustaining a Substantial Reduction in Employment as a Result of Federal Regulation

 The small businesses that provide oxygen and medical equipment to senior citizens are a dying breed as a result of a CMS regulation—competitive bidding.  The CMS competitive bidding program has been criticized  by over 200 leading economists.

 Over 300 DME firms have vanished.

 The President’s Science Advisor should act in accordance with the recommendation of CRE asking him to advise CMS that its competitive bidding program is not based upon sound science.

 The President assigned the Science Advisor the responsibility of ridding the regulatory process of misplaced science;  it is  time  he exercises that authority

Bureau Land Management Refuses to Release Public Comments

 BLM is working on a preliminary environmental impact statement on the development of oil shale reserves.  BLM will not release the comments it  received from the public until which time it issues the final EIS.

 CRE is indifferent to whether BLM uses or another mechanism to disseminate the comments it receives but its difficult to comprehend in the year 2012 that a federal agency refuses to release the comments it receives from the public on an ongoing regulatory matter. In doing so, BLM does monopolize the proceeding by prohibiting the various stakeholders from reviewing the comments of other stakeholders.