My Photo
Blog powered by Typepad

« Philip Schrag on "Why Would Anyone Want to Be a Public Interest Lawyer?" | Main | Antibiotics, Animals, and Agency Discretion »

September 02, 2011

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83428f58a53ef01539140db58970b

Listed below are links to weblogs that reference Ozone Madness:

Comments

David Driesen

This is a very thoughtful and sensible post.The other stated reason they gave was that if a standard issued this year, it would have to revisited in just two years, creating uncertainty for business. That might have played a role. But I can't help but wonder if this decision has anything to do with the merits. Isn't it just (or primarily) a political decision to avoid Republican attacks for imposing burdens by postponing a decision until after the election?

Heidi Kitrosser

This reminds me an awful lot of the Bush Administration's response (around late 2007, early 2008) to the EPA's proposed rule and accompanying 300-page report on regulating greenhouse gases. There, of course, the Bush Admin. shut the whole thing down due to extra-statutory economic concerns. Now, as then, there are elements of unitary executive theory at play in the notion that the President (through OMB) can ultimately make the regulatory call for political reasons, even if the relevant statute directs the EPA to make the decision based on the science. And I couldn't agree with you more in particular on the transparency point. Circumventing the statutorily-directed process by White House fiat is bad enough. But preventing the public from viewing the analysis that the White House rejected strikes a huge blow against accountability. (One bit of irony being that top-down White House control often is justified on the basis that the President is uniquely accountable).

Richard Ottinger

Well said. Many thanks.

Richard Ottinger
Dean Emeritus
Pace Law School
[email protected]
Former Member of Congress; Chair House Energy Conservation & Power Subcommittee, Energy & Commerce Committee

John

there are elements of unitary executive theory at play in the notion that the President (through OMB) can ultimately make the regulatory call for political reasons, even if the relevant statute directs the EPA to make the decision based on the science.

Phoenix Criminal Lawyer

How does someone calculate the complete cost of a piece of legislation, since the greatest majority of those costs are hidden?

The comments to this entry are closed.