From: RegBlog
David Thaw
Cybersecurity is a “hot topic” in U.S. politics. The White House issued an Executive Order earlier this year, the Department of Defense classified cyberspace as a war domain, Congress considered multiple pieces of legislation, and both the popular and trade press continue to report on numerous high profile incidents both in government and the private sector. Some leading experts have called for comprehensive cybersecurity regulation.
From: LawyersAndSettlements.com
By Jane Mundy
Sacramento, CA: The Coalition for Sensible Safeguards (CSS) recently reported (June 2013) on a proposal to expand the Fair Labor Standards Act (FLSA) to cover home healthcare workers, a change that has been under the Office of Information and Regulatory Affairs (OIRA) for the past two years. This new rule would have a major impact regarding California overtime.
In December 2011, the Obama administration proposed regulations to give the nation’s nearly two million homecare workers minimum wage and overtime protections – workers who have been exempt from both protections. (A decision is expected within the next few months.)
Editor’s Note: Any FDA policies which result in Regulation by Litigation being used to resolve safety issues would be directly contrary to 3 mandates in the President’s Executive Order 13563, Improviding Regulation and Regulatory Review, which states that: 1) regulations “must be based on the best available science;” 2) regulations “must allow for public participation and an open exchange of ideas;” and 3) regulations “must promote predictability and reduce uncertainty….” By contrast to the Executive Order’s requirements, regulations which encourage litigation place science secondary to the vagaries of tort litigation, exclude the public participation in crucuial proceedings, and turn the outcome of the regulatory process into a litigious crapshoot.
From: American Action Forum
Sam Batkins
After reviewing more than 300 regulatory requirements facing U.S. veterans, the American Action Forum (AAF) found significant red tape: 43.4 million hours of paperwork, 613 forms that take 3 hours to complete per person, and a total cost of more than $600 million. The Department of Veterans Affairs (VA) alone receives 31.2 million responses from veterans each year, and it appears the department is failing to keep up with the pace of claims.
Editor’s Note: The correct answer to how OMB should treat all of EPA’s planned actions is by acting a watchdog demanding scrupulous compliance with President Obama’s Executive Orders on regulatory review and with the requirements of the Paperwork Reduction Act and the procedureal and substantive requirements of the Data Quality Act and implementing guidance. With respect to PRA compliance, OMB should encourage EPA to make full use of the law’s public consultation processes.
From: Climate Science Watch
Editor’s Note: The ACUS project page for Benefit-Cost Analysis at Independent Regulatory Agencies is available here.
By: Sean Wajert/Shook Hardy & Bacon LLP
We have posted before about the impact of regulations on clients and indirectly on product litigation. Earlier this month the Administrative Conference of the United States, a federal advisory council, gave its approval to a policy recommendation encouraging independent regulatory agencies to apply formal cost-benefit analysis to their rule-making efforts. One affected agency would be the Consumer Product Safety Commission.
From: Reuters
By Valerie Volcovici
Before President Barack Obama unveils a plan to lower carbon emissions from thousands of existing U.S. power plants, stakeholders on all sides of the issue have attempted to make their mark on the regulations.
Electric utilities, environmental groups, large electricity consumers, and states have been working furiously behind the scenes for months to have a say in new rules that will be laid out by the Environmental Protection Agency.
From: New York Times
By JOHN M. BRODER
WASHINGTON — President Obama is preparing regulations limiting carbon dioxide emissions from existing power plants, senior officials said Wednesday. The move would be the most consequential climate policy step he could take and one likely to provoke legal challenges from Republicans and some industries.
Electric power plants are the largest single source of global warming pollution in the country, responsible for nearly 40 percent of greenhouse gas emissions. With sweeping climate legislation effectively dead in Congress, the decision on existing power plants — which a 2007 Supreme Court decision gave to the executive branch — has been among the most closely watched of Mr. Obama’s second term.
From: Canadian Press
WASHINGTON – White House officials will be at the Canadian embassy on Thursday to discuss a joint Canada-U.S. initiative feared to be on life support in recent months — the Regulatory Co-operation Council, aimed at harmonizing trade regulations to ease cross-border trade between the world’s two biggest trading partners.
Both Canadian and American stakeholders and business representatives, many of whom will be in attendance at 501 Pennsylvania Avenue, have been complaining for months about the slow pace of progress on behalf of American officials, and have questioned the U.S. commitment to the two-year-old initiative.
From: The Hill/RegWatch
By Julian Hattem
How much do new regulations cost? It depends on whom you ask.
That’s the message from a disagreement that emerged this week over the benefits of a draft rule to regulate some emissions of formaldehyde, a chemical that can cause irritation and may lead to cancer.
This week, newly released documents showed that the Environmental Protection Agency (EPA) had overestimated the benefits of its new proposal by up to $230 million, according to the White House office that oversees new regulations before publication.