Oira - under water - STATUTORY INTERPRETATION IN THE ERA OF OIRA


This document has been published in the Federal Register . Use the PDF linked in the document sidebar for the official electronic format.

Some see Heinzerling as a long shot for the job, given that she has advocated for dramatically curtailing the office's power. Since working at . EPA during the Obama administration, she has been highly critical of OIRA's role in influencing federal rules. And she recently penned a recommendation that the next president "loosen the grip on executive agencies" in part by "uprooting the process of White House review of agencies' rules."

The slowdown is causing problems for certain industries, which had been expecting rules and are struggling to plan in their absence. For instance, the Federal Aviation Administration was expected to release a rule early this year on the operation of commercial drones over people, but it has not yet done so. Lisa Ellman, co-executive director of the Commercial Drone Alliance, said she suspects that the “two-for-one” policy could be creating complications for the FAA. She argued that new drone rules should be considered deregulatory actions because they effectively reduce the red tape on drone operators; forcing the FAA to find two regulations to eliminate, she added, will only hurt the growth of the industry.

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Altogether, during the seven years of the Obama Administration, 229 such major rules have been imposed. Since 2001, a total of 355 such major rules have been imposed.

Delaying the case much longer flies in the face of the Supreme Court’s stay, the intervenors argued. “[T]his Court should not continue to postpone a decision in this fully briefed case, which was argued en banc on September 27, 2016, for a period far longer than the Supreme Court presumed when it issued its stay pending this Court’s disposition of the merits. The Court should decide the case on the merits, or terminate it by remanding the case to EPA,” the document says.

A must read presentation by Professor Rudalevige  of the Department of Government at Bowdoin College to the Midwest Political Science Association is an analysis of the factors and passions that lead to the creation of OIRA.

Congress created OSHA in December 1970; OSHA issued its first (and thus far only ) silica standard during its first year. The standard set two exposure limits based on the density of silica particles in the air over an eight-hour period. In the construction industry and in shipyards, a worker could not be exposed to more than 250 micrograms per cubic meter. In all other industries, a worker could not be exposed to 100 micrograms per cubic meter.


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