admin
06-04-2003, 10:43 PM
A common occurence in the Clinton Administration is occuring again in the Bush Administration. EPA's latest court loss involves testing humans to assess the impact of pesticides on public health.
EPA overturned a long-standing rule which then allowed human testing of pesticides if such testing was done per established protocols. EPA overturned this long standing poilcy, not by issuing a proposed rule for notice and comment, but instead, simply by issuing a press release overturning the existing rule.
The court ruled that EPA should have changed the rule by notice and comment, not by press release.
This was not even a close call. It appears that EPA is not regulatiing through the established regulatory procsss, but instead by press release.
By eiither initiating litigation, or failing to settle that brought by third-parties, in areas where the governments' jurisdiction is at best questionable, the agency is engaging in "Regulation by Litigation".
Review press coverage:
http://magazines.ivillage.com/goodhousekeeping/hb/news/article/0,,comtex_2003_06_03_up_0000-1553-bc-us-court-pesticide~ew~xml,00.html
Review CRE's solution:
http://www.thecre.com/regbylit/draftexecorder2-01.html
EPA overturned a long-standing rule which then allowed human testing of pesticides if such testing was done per established protocols. EPA overturned this long standing poilcy, not by issuing a proposed rule for notice and comment, but instead, simply by issuing a press release overturning the existing rule.
The court ruled that EPA should have changed the rule by notice and comment, not by press release.
This was not even a close call. It appears that EPA is not regulatiing through the established regulatory procsss, but instead by press release.
By eiither initiating litigation, or failing to settle that brought by third-parties, in areas where the governments' jurisdiction is at best questionable, the agency is engaging in "Regulation by Litigation".
Review press coverage:
http://magazines.ivillage.com/goodhousekeeping/hb/news/article/0,,comtex_2003_06_03_up_0000-1553-bc-us-court-pesticide~ew~xml,00.html
Review CRE's solution:
http://www.thecre.com/regbylit/draftexecorder2-01.html