CRE on President
Obama's Decision to Delay the Ozone Standard
WASHINGTON, Sept. 7,
2011 /PRNewswire/ -- The Presidential decision to delay the EPA
ozone standard is based upon a process utilized by nine
Administrations.
The decision of the President to delay the EPA
ozone standard is based upon the concept of centralized regulatory review.
Centralized regulatory review, Presidential oversight of federal
regulatory agencies, is often considered a defining component of the
regulatory state although the Executive, Congressional and Judicial
Branches of government continue to spar over control of the
regulators.
There are two alternative views of the origins
of centralized review.
One view of the origin of centralized
regulatory review is set forth in probably the most quoted paper on the
subject written by then Professor, now Justice, Elena Kagan in Presidential Administration
in which she concludes: "The sea change began with Ronald Reagan's inauguration."
Another view is that of Jim Tozzi, a ranking career civil servant in charge
of centralized regulatory review for the Johnson, Nixon, Ford, Carter and
Reagan Administrations, who concludes that there is a near seamless
evolution of Presidential control over the regulators as a result of then
five, and now, nine Administrations. Dr. Tozzi made these points in his
unpublished remarks at a recent George Washington
University Symposium on OMB Office of Information and Regulatory
Affairs, available at https://www.thecre.com/Tozzi_vid.html
In essence the President's decision on ozone is
not based upon a quick fix developed by the Reagan Administration but
instead upon the deliberate decisions of nine consecutive Presidential
Administrations.
To date, nine Presidential Administrations have
directed executive branch regulators and we anticipate that the next nine
Presidential Administrations will do the same. The key is that
Presidential involvement be transparent and be conducted through the
statutorily sanctioned OMB Office of Information and Regulatory Affairs,
as was the case with the President's decision on the ozone
rule.
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