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 enate
Democrats are beginning to flex their majority muscles, and are
planning several investigations designed to embarrass the Bush administration.
Most recently, Sen. Joseph Lieberman (D., Conn.), chairman of the
Governmental Affairs Committee, announced that he may subpoena Bush
administration officials involved in the review of federal regulations
promulgated at the end of the Clinton administration. In truth,
this investigation will likely find nothing more than a legitimate
attempt by the new administration to protect the public from some
bad last-minute policies from the last one.
The months
preceding inauguration day were extremely busy ones for Clinton
regulators, especially those at the Environmental Protection Agency
and the Departments of Energy, Interior, and Agriculture. A wave
of last-minute Clinton rules were published in the Federal Register
right through to January 22nd, the final day before Bush regulators
took over. These included a tough new standard for arsenic levels
in drinking water, new energy-conservation standards for several
household appliances, and a rule prohibiting road building on nearly
60 millions acres of federally controlled land.
These rules
were finalized despite lingering questions about their merits. For
example, even DOE admitted that its new efficiency standard for
central air conditioners would be a lousy deal for consumers. By
the agency's estimates, a majority of consumers cannot expect to
earn back the additional $335 cost of a compliant system in the
form of lower energy bills. Furthermore, the energy savings, a whopping
one fifth of one percent of overall energy use, would be far too
little and too late to help America out of the present electricity
crunch. DOE went so far as to demonstrate that the rule will disproportionately
burden low-income households, but went ahead with it anyway.
Other rules
may be worse. Although EPA estimated that its new arsenic standard
would hypothetically save 23-33 lives per year, a joint American
Enterprise Institute-Brookings Institution study found that it could
lead to a net loss of life. The study noted the heavy financial
burdens the rule would place on low-income families, who may have
to sacrifice more pressing needs to pay for higher water bills.
The road rule may also prove counterproductive, as some of the impacted
areas actually need roads to allow better access for firefighters.
Faced with
this flood of regulations that will take effect on his watch (assuming
two terms), the incoming Bush administration chose to give them
a second look. Chief of Staff Andrew Card instructed all agencies
to delay the effective date of these rules by 60 days, allowing
time for further consideration.
The administration
has chosen not to overturn most of these the rules, including several
problematic ones. However, the new team at DOE has proposed a less
ambitious efficiency increase for air conditioners, and EPA is reconsidering
the arsenic standard. The road rule has run into problems in federal
court, and the Department of Justice may choose not to make an effort
to salvage it. A few other rules are also in limbo, pending further
agency study.
Now, Sen. Lieberman
and other Democrats claim to be concerned that affected industry
interests have influenced this process. The senator wants all information
on any contacts between industry and the administration regarding
these rules, and perhaps will hold hearings on the matter.
Actually, the real improprieties probably lie with the Clinton administration
in enacting these rules, not with the Bush administration in reconsidering
them. Indeed, Clinton EPA administrator Carol Browner is in legal
trouble over precisely this matter. Late last year, the Landmark
Legal Foundation filed a Freedom of Information Act request with
EPA for documents related to agency dealings with the environmental
lobby and other special interests that supported these rules. When
EPA refused to comply, Landmark filed suit. The very day that U.S.
District Court Judge Royce Lamberth ordered the agency to preserve
all such records, Browner had everything deleted from her computer
files. The judge has demanded an explanation. Oddly, Sen. Lieberman
has shown no interest in this episode.
Beyond being
one-sided, Sen. Lieberman's concerns about influence of the regulatory
process miss the point. The real issue is not access but accountability.
There is little doubt that Clinton's regulators held discussions
with supporters these rules, and that Bush's people talked to those
opposing them. The big difference is that Clinton and his agency
appointees took final action just weeks or days before leaving government
service, thus they will avoid public accountability entirely. On
the other hand, the president still has three and one half years
to answer to the American people, and then faces reelection.
If the public
doesn't like the way Bush is handling these rules (they certainly
won't if they believe the major media, but probably would if they
knew the facts), they have the opportunity to make their displeasure
known.
On the other
hand, Clinton can sit back and laugh while others have to deal with
the regulatory mess he left behind.
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