2003 - 1995Jim Tozzi on Jazz and OMB
Federal ‘Junk Science' Rule Draws Fire
Nixon's "Nerd" Turns Regulations Watchdog
"Tozzi, now almost a legendary figure in the world of federal regulations,
worked for five consecutive administrations" from Lyndon Johnson's to
Ronald Reagan's "to get the Office of Management and Budget to review
the regulations agencies were busy churning."
Jim Tozzi: On Jazz and OMB
Foes Say Bush Plan Would Create 'Debating Society Over Science'
One-Act Farce: Deregulation by Disputation
Bush Would Add Review Layer for Rules
Agencies Urged Not to Sell E-Gov Projects as Cost-Cutters
When Or Will E-Government Apps Pay Off?
Academics Ask EPA to Reject Data Quality Challenge in Rulemaking
Critical Letter Taken Off Mining Web Site
Industry Targets University Research Under Data Quality Act
Industry-Funded Group Pushes Expanded OMB Role in Enforcement Litigation
NRDC Comments Threatened with Industry Data Quality Challenge
Jim Tozzi's Testimony on Capital Hill
Learning to Live with the Data Quality Act. Comments by Jim Tozzi
Congress Faults OMB Compliance on Regulatory Accounting Reports
Drive Underway to Enact Legislation on Data Quality, Access at State Level
EPA Will Consider All Studies in Decisions on Regulation of Chemicals, Official Says
EPA to Reconsider Policy of Withholding Information on Data Quality Challenges. Challenge Procedure Invoked
Industry Seeks to Extend Federal Data Quality Rules to States
Data From Human Studies Can Be Useful, But Ethics Raise Concerns, Scientist Says
Law Revises Standards
for Scientific Study (Data Quality Act)
Lobbying the OMB: The Inside Game
Influence Online, August 22, 2001
Message from the Chair, American Bar Association
Section on Administrative Law
How the Game is Played
Courts Face Key Test on Jurisdiction of EPA Data Quality Decisions
New Guidelines Open U.S. Data To Challenge
Industry Test-Fires New Secrecy Weapon
"But the CRE challenge also has a broader sweep: it asserts that the government may neither publish nor use scientific studies until government validation protocols are finalized. It would substitute for the prevailing standard of independent peer review by the scientific community, a process controlled by the White House Office of Management and Budget."
"CRE’s move has major potential as a precedent. CRE head Jim Tozzi, for years a Washington environmental lobbyist after having long served as head of OMB’s Office of Information and Regulatory Affairs, was also a major behind-the-scenes architect of the Data Quality Act, which now places major control over data quality decisions with OMB."
The Tozzi Decision: Another Arrow in Manufacturers’ Quiver in Product Defense Wars
Courts Face Key Test On Jurisdiction Of EPA Data Quality Decisions
"But other attorneys and regulatory consultants argue that because the DQA defines EPA rulings on petitions as ‘final agency action’ they are judicially reviewable. ‘The 4th Circuit decision has no relevance to data quality petitions,’ according to one attorney with the Center for Regulatory Effectiveness."
"Another legal source says that most cases are decided on the specific facts before a judge. The scholar points to a decision in the D.C. Circuit, Tozzi v. Health and Human Services (HHS), where the court held that an HHS report designating dioxin as a ‘known’ human carcinogen was judicially reviewable as a final agency action."
"I would say about 90 percent of administrative law experts believe the petitions, if denied by EPA and appealed and denied again, would be considered final agency actions the therefore judicially reviewable,’ according to one chemical industry attorney."
NHTSA Early Warning Regulation Conflicts with Data Quality Act, Group Says
"The Center for Regulatory Effectiveness (CRE), a pro-business regulatory watchdog group, is asking OMB to set a new condition on the ‘early warning’ rule issued in July under congressional mandate by the National Highway Transportation Safety Administration. CRE’s comments came during OMB’s 60-day comment period before making a decision on whether to grant NHTSA a ‘control number’ necessary before data collection can begin under the Paperwork Reduction Act."
"CRE did not specifically allege any wrongdoing on the part of NHTSA but rather sought to ensure that the public is informed about how NHTSA will analyze the data it will receive. The CRE maintained that unless the statistical methods NHTSA uses to analyze the early warning data are made public, the administration may be in violation of the Data Quality Act."
Atrazine Environmental Risk Assessment Challenged by Agricultural Grower Groups
"The petition, which was filed by the Center for Regulatory Effectiveness, the Kansas Corn Growers Association, and the Triazine Network, seeks to exclude certain scientific studies from EPA’s risk assessment suggesting that atrazine acts as an endocrine disrupter in the environment"
"The Triazine Network is a coalition of agricultural grower organizations. The Center for Regulatory Effectiveness is a Washington-based organization that does regulatory analyses."
Industry Data Quality Petitions Target EPA Chemical Controls
New Guidelines Seek to Limit Industry Data Quality Challenges
"The Center for Regulatory Effectiveness (CRE) recently provided the interpretive bulletin as a guide to agencies and regulated industries to help keep agencies from being overburdened with numerous complex information-quality complaints."
New Environmental Paper Offers Broad Defense of Right-To-Know
Challenges to Information Quality Must Go to Court or Agency, Consultant Says
"Organizations seeking to challenge the quality of federal information should decide if they want to pursue a win-in-court or win-at-the-agency strategy, a regulatory watchdog group advisor said Oct. 17."
"James Tozzi, an advisory board member for the Center for Regulatory Effectiveness and former deputy director of the Office of Management and Budget’s regulatory review office, served on a panel at an American Bar Association meeting that discussed newly established, governmentwide information-quality standards."
"Trade Associations have sought his center’s advice as they consider challenging the quality of federal information, Tozzi told participants at the 2002 Administrative Law Conference."
Undisclosed Report: EPA Knew It Was Toxic
New Law Means More Federal Rules Can Be Challenged
"Previously, ‘if you were John Q. Citizen…and you saw components of a study that you thought were inaccurate, you couldn’t do anything,’ he said. ‘Now if you have a good case, you can do something.’"
Industry-Funded Group Proposes Executive Order to Overhaul Regulatory Settlements
"The Center for Regulatory Effectiveness (CRE) sent the draft executive order, along with a letter, on Sept. 4 to the White House’s Office of Management and Budget (OMB), arguing that settlements negotiated between government agencies and outside groups often affect the general public in ways that government agencies fail to take into account. ‘These judgments and agreements,’ the order says, ‘can result in regulatory action or inaction that substantially affects many people who are not parties in the litigation. Non-parties often have no opportunities to participate in or comment on the consent judgment or settlement agreement even though their rights and duties may be determined by the judgment or settlement.’"
"CRE describes itself as a regulatory watchdog that offers industry groups guidance on navigating the federal regulatory process."
Industry-Backed Group Urges More Input on Regulatory Settlements
Data Quality Politics
Guest Perspectives: Charting a New Course in Federal Regulation: John Graham’s First Year as OIRA Administrator. (Excerpt from Article by Jim Tozzi)
DOE’s Proposed Data Quality Guidelines Said to Include Ideas Not in Other Plans
"An advisory board member of an organization that threatened in June to sue DOE for failing to publish this document told BNA that the department’s proposal was ‘well worth the wait.’"
"The department’s document has two ideas not found in other agency’s proposals, said Jim Tozzi, who is on the advisory board of the Center for Regulatory Effectiveness that threatened to sue DOE for failing to issue proposed data-quality guidelines. Tozzi formerly served as deputy director of the Office of Management and Budget’s regulatory review office."
"…No other agency or department has directly linked these two laws, said Tozzi, whose organization is closely monitoring federal data-quality activities."
Environmental Quality Council Proposal on Data Quality Spurs Few Public Comments
"The Center for Regulatory Effectiveness, a regulatory watchdog group, included a copy of its legal interpretation of OMB’s standards. This legal memo states, among other points, that compliance with OMB’s standards is required and not discretionary."
Bureau of National Affairs, Daily Environment Report, July 22, 2002
Garbage In, Regulation Out: When It Comes to Cooking Books, The Feds Are Gourmets
Wall Street Journal, OpinionJournal.com, Editorial by Thomas Bray, July 9, 2002
Regulatory Information Should be Subject to Correction Mechanism, Industry Tells EPA
"Kelly disagreed with several comments EPA made in its draft proposal stating that the application of the guidelines is not mandatory. Kelly cited both the law that spurred OMB’s guidance and a second, related law and said, ‘the agency is required to comply with OMB’s guidelines. It is not discretionary. It’s required by law.’"
Comment Salvos Exchanged in Data Quality War
"Some of the most extensive sets of comments being submitted to various agencies are, not surprisingly, from the Center for Regulatory Effectiveness. The CRE submitted to all federal agencies a 26 page long set of generic comments covering 16 major points."
"The overarching effect of the CRE comments is clearly to make the data quality guidelines apply to as much as possible and to be as binding as possible. The CRE decried the exemptions of certain types of information and dissemination from the data quality guidelines comments."
Conservatives Seek Formal Withdrawal of EPA Study Citing Global Warming Impacts
Questions About Online Data
"This year, the center requested that the United States Global Change Research Program withdraw dissemination of the National Assessment on Climate Change on the basis of ‘numerous data quality and scientific flaws,’ according to the letter posted on the group’s Web site."
"The center also asked the Environmental Protection Agency to modify its
"William Kelly, western representative for the center, said the poor quality of federal data created problems for everyone who sued it, from regulators to consumers."
"’With the blossoming of the Internet, it’s turned into a huge problem for industry,’ Mr. Kelly said. ‘Agencies were encouraged to post virtually everything on the Internet. It wasn’t such a problem when people had to go through a Freedom of Information Act request.’"
Comments Regarding EPA Draft Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information
"The simple fact that EPA engages in activities that upset powerful industries should not make it a poster child for continual scrutiny and interference with respect to its implementation of the Data Quality Act, as has been threatened by the Center for Regulatory Effectiveness ("CRE"), a right-wing think tank spearheaded by Jim Tozzi, a self-proclaimed architect of the Act."
"The Administration will do great damage to its duty to faithfully execute the laws and to the credibility of the Data Quality Act as an expression of public policy if it supports or encourages the activities of Mr. Tozzi and his colleagues, activities that distort the Act and would render it nothing more than a tool to obstruct timely government decision-making."
Background on Data Quality Guidelines
"This rider [Data Quality Act] builds on an industry lobbying effort to put roadblocks in the regulatory process. As noted by the Center for Regulatory Effectiveness, a strong advocate for the rider, there was similar report language added to the FY 99 Omnibus Appropriations Act, also added at the last second without any debate."
"…CRE and other pro-industry representatives were frustrated that OMB never issued guidelines based on the report language, persuading [Rep. Jo Ann] Emerson to put it into law."
OMB Urges Participation in Its Regulatory Reform Efforts (Excerpt from Article by Jim Tozzi)
"The Center for Regulatory Effectiveness (CRE) has been concerned about this relative lack of transparency and analytical rigor on the part of the independent agencies, and in its comments to OMB, the Center has urged consideration of its proposal for OMB review of independent agency rules, all under existing legal authority."
"In sum, OMB’s Draft Report on the Costs and Benefits of Federal Regulations represents a significant opportunity for the public to gain the attention of Congress, OMB, and senior Administration and agency officials regarding areas of needed regulatory reform. Interested parties are strongly encouraged to submit their reform recommendations to OMB by the comment deadline of May 28, 2002."
The Data Quality Act: A New Tool For Ensuring Clarity at the Interface of Science and Policymaking (Excerpt from Editorial by Jim Tozzi)
"CRE believes that it is very important that interested parties express their views to the agencies during the public comment period in order to effect a workable, fair, and efficient implementation of the Data Quality Act. How this process is structured may have a significant impact on how scientific information is utilized in the regulatory decision making process. Particularly, attention must be paid to ensuring that the provisions for information quality do not slow down the government’s release of information without justification."
Ogmius Exchange, May 2002
Regulation Writers Uneasy About OMB’s Help
Excerpt from Interview with Data Quality Act Critic Alan Morrison, Founder of the Public Citizen Litigation Group
"My understanding is that Jim Tozzi who is a highly regarded lobbyist for interests that are principally concerned about what’s going on at EPA is at least one of the drafters of this legislation [Data Quality Act]. I think the parentage, assuming that it is Jim Tozzi and his colleagues, gives you a good idea of what the purpose of this law was supposed to be."
National Public Radio, "On the Media", April 20, 2002
EPA Grants Metolachlor Registration to Cedar Chemical
"’EPA’s metolachlor decision process must be objective, transparent, reproducible, and meet stringent new risk-assessment and objectivity standards,’ CRE says in its letter to Stephen Johnson, EPA’s assistant administrator for pesticides. ‘If they do not meet these standards, they will be subject to administration petitions and judicial review under the Data Quality Act.’"
Plaintiffs Withdraw Lawsuit Against EPA Challenging Draft Cancer Risk Guidelines
"The suit was filed by Diatect International Corp., an Idaho-based corporation that sells insecticide products containing pyrethrins, a botanical extract; Brevet Industries Inc., a California-based company that makes medical products containing polyvinyl chloride, which can generate dioxins when burned; and Jim Tozzi, a former Office of Management and Budget official who is now president of the Washington-based consulting firm Multinational Business Services Inc."
"Tozzi said he dropped the lawsuit because he has personally funded it for two years and could no longer afford to do so."
EPA Grants Metolachlor Registration to Cedar Chemical
Industry Supported Center Enters Fray On Metolachlor, Citing Data Quality Concerns
"The Center for Regulatory Effectiveness said March 20 that the Environmental Protection Agency should not grant registrations for the herbicides metolachlor until the public has a chance to review data relating to the request."
"The center, in a letter to Stephen Johnson, EPA assistant administrator for prevention, pesticides and toxic substances, said the Data Quality Act requires EPA to make its decision on metolachlor ‘objective, transparent, reproducible, and meet stringent new risk assessment and objectivity standards.’"
"Jim Tozzi, a former White House Office of Management and Budget official, supported congressional passage of the Data Quality Act. He is a board member of the center."
EPA Faces Legal Challenges Over ‘Reduced Risk’ Chemical Decision
Tussle Over New Rules on Federal Data
"’Some of those criticisms are fair,’ said director Jim Tozzi, ‘it is going to have some immediate slow-down effect.’ But long term, he said, the law will benefit everyone by improving the rules we live by."
"Not only will government have to live by the law, he said, but so too will businesses and activists since they’ll have to make sure their data is solid when trying to influence policymaking."
Data Access: No Foreseeable Compromise with Industry Groups
EPA Decision Today Could Muddle Reduced Risk Program
EPA Rejects Human Studies Data for Perchlorate Risk Assessment
Group Seeks Withdrawal of Climate Study Under New Data Rules
Report to Propose Expanding OMB Review Beyond Environment Rules
"The report, entitled A Blueprint for OMB of Independent Agency Rules, will outline trends beginning in the Nixon administration and trace how OMB oversight has expanded through the PRA to the new data quality guidelines issued last fall. However, the report says one sector has not been subjected to this oversight – the independent commissions headed by leaders and boards that cannot be unilaterally removed by the President. The report will be addressed to OMB Director Mitch Daniels, but is expected to have a broader impact on Capitol Hill and elsewhere, sources say."
EPA Under Increased Pressure to Release Modeling Data for Highly Anticipated Multi-Pollutant Air Controls
"The group says in a Jan. 22 letter that new guidelines issued by OMB ensuring a level of transparency in information used by the federal government in developing policy gives new ammunition to the argument that EPA should release the model itself for public review."
"’EPA’s analysis of potential economic impacts will strongly influence EPA’s public policy recommendations,’ says the Jan. 22 CRE letter to EPA Chief Information Officer Kimberly Terese Nelson. Therefore, under the OMB guidelines, ‘EPA’s analytical process must be objective, transparent and reproducible,’ the letter says."
OMB Guidelines on Quality of Information Seen as Having Profound Impact on Agencies
"The information-quality guidelines accomplish much of the reforms sought through risk-assessment and cost-benefit legislation debated extensively in Congress, but never passed, in the mid 1990s, Tozzi said."
"If information agencies disseminate or use to develop regulations fails to meet OMB’s standards, the agencies can and will be sued, Tozzi said."
OMB Guidelines on Quality of Information Seen as Having Profound Impact on Agencies
"Through the Paperwork Reduction Act, OMB controls the information the regulated community must provide to the government, Tozzi said. Now, through the information-quality guidelines, OMB can control the information disseminated. That creates an essential ‘federal information triangle’ with OMB at its apex, he said."
"In 2002, Tozzi’s organization will be working to extend OMB’s authority further by asking the Bush administration to give OMB oversight over actions by independent agencies such as the Federal Energy Regulatory Commission, he said."
Litigants May File Second Case Under New Data Guidelines
OMB Data-Quality Guidance to Bolster Industry Challenges
"Industry will be in ‘a lot stronger a position’ to challenge future federal agency rulemakings and other documents in court, the industry official says."
Inside EPA, January 9, 2002
Biting the Data Quality Bullet: Burdens on Federal Data Managers Under New Section 515
"At the Section’s Spring Meeting in Richmond on April 19, a panel of experts hosted by the Government Information & Privacy Committee explored the alternative prospects for ‘data quality’ challenges. Dr. Jim Tozzi, former Deputy Administrator of OMB’s Office of Information & Regulatory Affairs (OIRA) and now a Washington consultant, authored the original drafts in 1999, and in 2000 found a welcoming sponsor in House Appropriations member Rep. Jo Ann Emerson. Though critics like OMB Watch offered their alternative terms, the Tozzi proposal was adopted as Section 515 of Public Law 106-554 and the ‘data quality’ process becomes mandatory for all agencies on Oct. 1, 2002."
Administrative and Regulatory Law News, Volume 27, Number 4 Raids on Regulations Expected (Data Quality Act)
"Jim Tozzi, co-founder of the pro-business Center for Regulatory Effectiveness, and a proponent of the Act, says the ramifications are broader than he imagined. 'It's turning out to be a lot more significant than we thought it would be,' he said. 'It sets standards for which you can now judge whatever the government issues."
The Wall Street Journal, July 5, 2002
Web Sites Track Regulatory Changes
"Tozzi said his readers are executives of Fortune 500 companies and government staffers: 'We want them to look at our positions to influence what they are working on.'
"During the recent debate over
the ergonomics rule intended to prevent repetitive-stress injuries, Tozzi said,
'people were e-mailing us with questions from the Hill during the vote. We had a
direct impact into the legislative process.'"
Environment, Communications, Information Technology And The Arts References Committee
Saccharin Is Removed by Government from List
of Known Human Carcinogens
Little-Noticed Law Raises Standard for Federal
"Studies and policy statements posted
on agency websites 'have a lot of impact - they might encourage litigation, they might
encourage local governments to regulate,' Tozzi said."
U.S. Report to Firmly Link Dioxin With Cancer
GOP, Business Rewrite The Regulatory Playbook
SEA [Senior Executives Association] Awards Presented at
is a lifetime member of SEA and has been an ardent supporter
of both SEA and SEA PDL. He has served on the selection committee for
the League's Executive Excellence Awards, has lent his help to attracting
prominent citizens to chair the awards, and assisted in corporate fundraising.
In presenting the award, SEA President Carol Bonosaro said, 'Jim has been
there every time we have asked him for help - and he has been there to
offer help when we haven't.'"
McIntosh Proposes New Joint Committee
to Oversee Agency Rulemaking
"The center is
being headed up by Jim Tozzi and Jim MacRae, both
of whom served as directors of OMB's Office of Information & Regulatory
Affairs during the Reagan and Bush administrations."
Real Regulatory Reform
Where the Rubber Hits the Road: Michelin
Seeks Rule Change to Highlight New Tire
grade would create market pressures, forcing
other tiremakers to produce the same products, he said."
White House regulatory review team also fell down on
the job. Mr. Tozzi found that of 510 regulatory actions published, 465
weren't even reviewed by Ms. Katzen's office under that executive order.
That's more than 90%. Of the 45 rules that were looked at, not one was
returned to the rule-making agency for having failed to meet the cost-benefit
test. In the private sector they fire people for that kind of failed oversight."
Budget Bill Provision on Data Accuracy
Could Open Rules to Industry Challenges
"…Adoption of the appropriations rider
reflects ongoing frustration among various parties over federal data policies, including those
of the Environmental Protection Agency, Tozzi said."
Review of EPA Policy Sought
"Jim Tozzi, of the Center for Regulatory Effectiveness, said there is a draft agency policy on human testing but that is has not been released. He has asked a subpanel of the interagency National Science and Technology Council to review EPA's draft human testing policy. The subpanel is known as the Human Subjects Research Subcommittee.
"Tozzi's center includes industry participants such as members of the oil, chemical, pesticide, telecommunications, and finance industries.
"Tozzi told BNA that he sought this
review because Greg Koski, chairman of the subcommittee, is director of the Office for Human
Research Protections in the Department of Health and Human Services. Koski has the perspective
of examining human testing policy across the entire federal government, Tozzi added."
Verification Rule Could Stifle Information Flow
"Tozzi's organization was a leading advocate
for the legislation that Congress passed last year as part of the Treasury Department appropriations.
The law requires OMB to spell out how agencies will ensure the 'quality, objectivity, utility and
integrity' of information, including statistical information, they disseminate."
Whitman Can Back Out of FQPA Pacts, Observers
Industry Files Suit to Halt EPA's Dioxin Cancer
EPA-NRDC Endocrine Agreement Neglects Welfare,
Business Lobbyists Asked to Discuss Onerous
Federal Court Affirms HHS Classification of
Dioxin as 'Known' Human Carcinogen
"Tozzi added, 'While we are disappointed
with the court's decision on the merits of the case and obviously disagree with it, at the same
time, the court's willingness to decide this issue is important and a significant development.
It sets a very positive precedent for the Data Quality Law.'"
New Data Quality Law Could Challenge Agency
Ignorance Is Toxic Bliss: The Secret War on
Industry CRE-ates Mischief Against Right To
Legal Battle Brews Over Key EPA Pesticide Registration
Behind Closed Doors
"James Tozzi has a long history of working
to prevent health measures that would have an economic impact on big business. During the Reagan
administration, Tozzi served in the Office of Management and Budget, where he successfully
spearheaded a campaign to 'gut environmental regulations' (Rampton and Stauber, 2001).
According to the Center for Media and Democracy, Phillip Morris described Multinational
Business Services, Inc. as its 'primary contact on the EPA/ETS risk assessment' on secondhand
cigarette smoke in the early 1990s (Rampton and Stuaber, 2001)."
Legal Research Guide: Regulatory Law and Agency
Suit Challenges Use of Draft Guidelines In Pesticide
Decisions, Dioxin Reassessment
"Tozzi told BNA Nov. 3 that he agrees with
scientists who, at the Nov. 1-2 EPA Science Advisory Board critique of the draft dioxin reassessment,
raised the question about what version of the cancer guidelines EPA would use when re-evaluating the
risks of dioxins."
Appeals Court Ruling May Aid Challenge to EPA
"Dioxin is a byproduct of charbroiling beef, and the plaintiff argued that the HHS listing would scare away business.
"But the court ruling could help in pursuing
other legal actions against EPA. 'This will help me get into court and stay in court,' the plaintiff
says, referring to a pending case against the agency's dioxin reassessment. That case, Tozzi v. EPA,
has been put on hold until the reassessment is released and undergoes in interagency review."
Pyrethrin Cancer Classification Case Pending
as Reassessment Continues
"At the center of the pesticide dispute is an
EPA Office of Pesticide Programs Cancer Assessment Review Committee (CARC) classification of the
pyrethrins as 'likely' to cause cancer in humans by oral exposure…"
Former Waynesburg Resident, Now a Washington
Businessman, Talks about the Attack on America
Federal Court Set to Hear Arguments About Whether
EPA Can Release TRI Data
"the complaint, filed Feb. 1, 2000, in
the U.S. District Court for the District of Columbia, claimed, among other things, that the
information collection request EPA sent to OMB for approval was 'incomplete' because it did
not specify how releases would be calculated for dioxin and dioxin-like compounds (26 DEN A-7, 2/8/00)."
Injunction Sought on NTP Dioxin Listing, Appeal
of Court Ruling Planned, Tozzi Says
"Tozzi said the district court's ruling
that Brevet has standing to sue is significant. This ruling should clear the way for other
individuals and companies to challenge other federal agencies' health risk assessment, he said.
The Environmental Protection Agency's nearly complete dioxin health risk assessment may be ripe
for a similar legal challenge, he said. Tozzi declined to state whether he plans to challenge
the EPA dioxin document."
EPA Can Release TRI Reports, Federal District
Court Rules in Lawsuit
"The consultant, Jim Tozzi, president of the Washington-based consulting firm Multinational Business Services, Inc., had asked the court to prohibit EPA from releasing the dioxin data until the court had ruled on a lawsuit he had filed seeking to strike down a 1999 EPA rule that subjected dioxins to TRI reporting.
"The February 2000 lawsuit alleged that EPA
had violated certain requirements of the Paperwork Reduction Act and the Emergency Planning and
Community Right-To-Know-Act, which requires industry to report to the TRI (26 DEN A-7, 2/8/00)."
EPA Faces Scaled Back Judicial Deference for
District Court Delays Oral Arguments Due to
Change in Dioxin Review Schedule
"The litigation is being brought by Jim Tozzi, a lobbyist and former White House Office of Management and Budget official; a manufacturer of pyrethrin-based pesticide products; and a company that manufactures medical devices that contain PVC.
"The plaintiffs assert that EPA's use of its
draft cancer risk assessment guidelines violates the Administrative Procedure Act."
U.S. Supreme Court Reviews Law Determining Deference
Owed To Federal Agencies
Experts Debate Public Access to Regulatory Science
Coalition Battles Dioxin Carcinogen Label
"Tozzi was critical of the plastics industry for not participating in any of the three dioxin-related legal battles he is waging.
"'I don't know why they are sitting on their ass,' Tozzi said. 'they are not contributing one penny.'
"Allen Blakey, spokesman for the Vinyl Institute in Arlington, Va., said VT staff met with Tozzi and talked about ways to work together. The lawsuit was mentioned, but 'we don't remember there being any specific request for us to support it,' Blakey said…
"Tozzi, who has brought several dioxin-related suits, said he may have to drop one or more of them unless other parties join the suit, or the CRE gets more financial support.
"Brewer said Brevet is not contributing any
money to the suit, and said Tozzi approached him about joining the legal challenge."
Court Affirms Report Tightening Dioxin Risk
Industry Group Questioning Consistency In Human
Testing Policy Following Survey
"The Center for Regulatory Effectiveness collected information from the agency, and found 'widespread use' of human studies throughout the agency, Jim Tozzi, a member of the center's board, told BNA Aug. 16.
"The center is still reviewing the information, but questions the 'arbitrary' nature of an interim policy prohibiting the use of certain pesticide data in regulatory decisionmaking in light of the use of human data throughout the agency, Tozzi said.
"The center conducted an extensive survey 'throughout EPA,' including in the air, water, and research offices, and documented the 'widespread use' of human studies in the agency, Tozzi said.
"Tozzi's center includes industry 'participants'
such as members of the oil, chemical, pesticide, telecommunications, and finance industries."
FDA, EPA, USDA Ask National Academy of Sciences
to Referee Dioxin Debate
EPA Will Move Ahead with Strict Dioxin Cancer
Group Asks White House Ethics Panel To Review
EPA Policy on Human Data
"James Tozzi, director of the Center for Regulatory Effectiveness (CRE), asked the White House National Bioethics Advisory Commission to review EPA's human data policy as part of a report the commission is preparing on federal implementation of a law known as the 'common rule.'
"CRE tracks the scientific and policy
basis of federal regulations. Oil, chemical, and telecommunications companies are among the
types of businesses that pay for center services, Tozzi told the commission."
Atrazine Not a Likely Human Carcinogen, SAP
Say, Rejecting EPA Preliminary Finding
"Under agency policy, if there is any indication of potential carcinogenicity of a chemical that cannot be disproved, the chemical should be described as a likely human carcinogen, Tozzi said.
"In a June 15 letter to Clarence Hardy, director of EPA's Office of Cooperative Environmental Management in the Office of the Administrator, Tozzi said the cancer guidelines meet the definition of a rule under the Administrative Procedure Act, are not yet final, and cannot be the basis for an SAP review.
"Tozzi is a former deputy administrator of the Office of Information and Regulatory Affairs of the White House Office of Management and Budget.
"In his June 15 letter to EPA, Tozzi said the
agency's request to 'upgrade' atrazine's cancer classification is based primarily on policy
considerations, not scientific evidence."
Risk Communication Problems From HHS Listing
Would Harm Business
"Attorney Charles Fromm, who represents six
plaintiffs including restauranteurs and plastic manufacturers, argued that publicity surrounding
details of EPA's recent draft assessment of dioxin linking exposure to cancer in humans, in addition
to HHS' attempt to do the same in the latest RoC, would result 'in a loss of business, lost sales,
and a damage to the reputation' of his clients."
Judge to Prevent NTP From Issuing Report With
Dioxin Listing, Even if It Wins Lawsuit
Dioxin Debate Growing Hotter
Court Seals HHS Carcinogen Report Dioxin Listing
HHS Set to Publish Ninth Cancer Report May 15
Unless Federal Court Blocks Action
In the News
Former OMB Official
Drops Suit on Sector Project, Opts Instead For Legislation
"Tozzi, director of Multinational Business Services, Inc., has forwarded several Paperwork Reduction Act (PRA) amendments to congressional staff that would ensure that OMB reviews and approves any new uses of information collected from the public, and give citizens a new avenue to challenge agency actions under the PRA.
earlier this year to derail EPA's Sector Facility Indexing Project (SFIP),
a controversial public database that offers detailed information on the
compliance histories and emissions of facilities within five major industry
sectors. In both his motion for a preliminary injunction and his suit
to block the entire project, Tozzi argued that the agency had subverted
the PRA by using information collected from the public for a purpose that
was not first approved by OMB."
Former OMB Official
Files First Lawsuit Against EPA 'Sector Indexing' Plan
"While the plaintiff, former White house Office of Management & Budget official Jim Tozzi, filed the suit on behalf of himself, industry sources say that other industry parties and possibly state officials may join in the challenge.
"Tozzi filed a motion for preliminary injunction last week in the U.S. District Court for the District of Columbia seeking to block EPA from implementing the Sector Facility Indexing Project (SFIP) during the course of his lawsuit, Jim Tozzi v. EPA .
in his lawsuit that EPA has violated the Paperwork Reduction Act (PRA)
of 1995 by using information gathered under the agency's Toxics Release
Inventory for entirely different purposes under the SFIP without Office
of Management & Budget approval or opportunity for public comment."
Forms or Budgets Will Suffer
on Safety Margin For Children Sought by Industry Consultant
decisions 'provide excellent concrete examples of the agency's practical
implementation' of the safety margin, Jim Tozzi, director of Multinational
Business Services Inc., said in the letter to Lynn Goldman, EPA assistant
administrator for prevention, pesticides, and toxic substances. Multinational,
based in Washington, has clients in the pesticide industry."
Impacts of Data Access, Integrity Provisions
Study on EPA's
Climate Change Website Forms Case Study for Data Debate
"In the Center
for Regulatory Effectiveness (CRE) report, How OMB Data Quality Regulations
Will Help Resolve Disputes over Global Warming, the group examines EPA's
climate website as a case study on the current poor 'quality' of the data
presented by federal agencies
the global warming site on EPA's website and found in its report that
EPA did a 'very poor job' of disseminating the information. The report
cites specific examples the organization found where EPA chose words or
phrases to convey the severity of the problem, and said as 'fact' that
humans were to blame for global warming. Furthermore, according to a copy
of the report and sources familiar with it, EPA 'buries' information contradicting
its opinion on global warming in obscure links and on the 'wrong' pages."
HHS Sued for Recommending
Dioxin as 'Known' Carcinogen
Urging EPA to Open Up Science Advisory Process
"First, MBS argues
for greater public participation in shaping the 'charges' given to the
agency's independent Science Advisory Board (SAB)
group calls on EPA to allow stakeholders to comment on draft risk assessment
prior to review by the SAB-advocating a process similar to one used for
the dioxin risk assessment."
Scare, Loss of PVC Business Prompt Industry Effort to Block NTP Report
"The briefs in
the suit were obtained through the Center for Regulatory Effectiveness'
World Wide Web page. CRE is a private clearinghouse established in 1996
after passage of the Congressional Review Act, a statute that gives Congress
the opportunity to review agency regulations. Tozzi serves on the advisory
board of CRE."
Panel Applauds Revisions, Divided Over Hazard Terms
Fault Proposed Criteria for Classifying 'Known' Human Carcinogens
Feds' Right to Put Data on Web
"Jim Tozzi, a
former Office of Management and Budget top official whose Washington,
D.C. consulting firm, Multinational Business Services Inc., lobbies on
regulatory issues on behalf of multinational corporations, has charged
that an EPA plan to present risk-assessment data as part of its Toxics
Release Inventory (TRI) database violates the Paperwork Reduction Act
because it will use TRI data for a different purpose than that for which
it was originally collected."
Concerns About EPA Plan to Guarantee Loans in Former Soviet Union
"Tozzi said EPA must explain better to the public and to Congress the environmental and financial problems the Partnership Fund would help address. The agency also needs to spell out the U.S. national interest in creating a loan guarantee program for the former Soviet Union, he said.
EPA should determine the limits on U.S. economic and political liability
for the funds, Tozzi said."
Sector Facility Indexing Project Goes Public
March 4, in a separate move, that it had decided to temporarily remove
the toxicity weighting factors from the SFIP database, while reserving
the right to add them at a later date. The U.S. Department of Justice,
on behalf of the agency, filed a motion April 1 to dismiss the case.
EPA 'Sector Indexing'
Plan Drops Toxicity Weighting
EPA Database Can
Go Forward, Judge Says; Plaintiffs Had Sought Temporary Delay
of Commerce, which counts as members many of the facilities that will
be profiled on the database, joined Tozzi's lawsuit March 2, when the
two plaintiffs filed an amended complaint against EPA."
Lawsuit Seeks Delay
of EPA Database That Would Put Modified TRI Data on Web
"Jim J. Tozzi, Director of the consulting firm Multinational Business Services, is seeking a preliminary injunction to keep the database from going on line 'in the next few weeks.' An EPA official told BNA Jan. 6 that the frequently postponed database was slated for release in 'early 1998' (4 DEN A-6, 1/7/97).
"Tozzi told BNA Jan. 29 that he objects to EPA using the Internet 'as a back door Federal Register.' In the past, EPA has said it simply is using the database to make already available information more easily accessible. But to Tozzi, the public interprets information on the Internet differently than it interprets information in a filing cabinet, he said. Of the Internet, Tozzi said, 'People push a button and they think it's official government policy.'
"The lawsuit 'is the first big case on what we think is the use of the Internet as a back door Federal Register,' he said.
"Tozzi is the
only plaintiff in the suit. He served as an OMB official from 1972 to
1983, including a stint as deputy OMB administrator. Since 1983 he has
been director of Multinational Business Services Inc."
E.P.A. Is Pressing
Plan To Publicize Pollution Data
Switching Off Air
Bags May Mean More Deaths
Says Dioxin Finding Could Hurt IARC's Credibility
Blasts International Panel's Findings on Dioxin
"The report also notes that the five U.S. IARC participants were from government agencies, and that these scientists are involved to some degree in the regulation of dioxin. MBS says, 'the presence of so many U.S. government scientists on the Working Group, particularly ones with such substantial involvement in government risk assessment activities with regulatory implications, could raise questions as to whether the working group evaluation was truly 'unbiased' and whether the scientists were truly representing solely individual scientific viewpoints uninflue