EPA Accused of Defying Law

House Government Reform Regulatory Affairs Subcommittee Chairman David McIntosh, R-Ind., Monday said the EPA "appears to be defying the law" in proposing stricter air quality standards.

Speaking before a meeting of the American Enterprise Institute, McIntosh said the agency failed to follow guidelines set forth in the Small Business Regulatory Enforcement and Fairness Act and the Unfunded Mandates Control Act passed in the last Congress.

McIntosh said the EPA failed to conduct cost-benefit analyses called for under the SBREFA, and failed to consider the impact of the standard on state and local governments. Comparing the agency to the Marx brothers, McIntosh said the EPA went forward with the standards without adequate scientific backing, seemingly under the philosophy "operate first, diagnose later."

McIntosh said the EPA committed "voodoo regulation," and added that if the agency continues to ignore the law, Congress should debate giving responsibility for environmental regulation to another agency.

McIntosh last month wrote the EPA a letter posing a series of questions about compliance with SBREFA and the unfunded mandates law, as well as about the science of the standards. His next steps will be governed by the agency's response to his letter, he said.

Earlier at the same conference Monday, EPA Administrator Browner said the new standards are backed by "the most extensive scientific review and public outreach process ever conducted by EPA for public health standards," and that the science "is clear and compelling."

A federal court Monday agreed to extend the comment period for the new standards by 21 days. The EPA had asked for a 60-day extension.

Stay up-to-date with federal news alerts and analysis — Sign up for GovExec's email newsletters.
Close [ x ] More from GovExec

Thank you for subscribing to newsletters from GovExec.com.
We think these reports might interest you:

  • Sponsored by G Suite

    Cross-Agency Teamwork, Anytime and Anywhere

    Dan McCrae, director of IT service delivery division, National Oceanic and Atmospheric Administration (NOAA)

  • Data-Centric Security vs. Database-Level Security

    Database-level encryption had its origins in the 1990s and early 2000s in response to very basic risks which largely revolved around the theft of servers, backup tapes and other physical-layer assets. As noted in Verizon’s 2014, Data Breach Investigations Report (DBIR)1, threats today are far more advanced and dangerous.

  • Sponsored by One Identity

    One Nation Under Guard: Securing User Identities Across State and Local Government

    In 2016, the government can expect even more sophisticated threats on the horizon, making it all the more imperative that agencies enforce proper identity and access management (IAM) practices. In order to better measure the current state of IAM at the state and local level, Government Business Council (GBC) conducted an in-depth research study of state and local employees.

  • Sponsored by Aquilent

    The Next Federal Evolution of Cloud

    This GBC report explains the evolution of cloud computing in federal government, and provides an outlook for the future of the cloud in government IT.

  • Sponsored by LTC Partners, administrators of the Federal Long Term Care Insurance Program

    Approaching the Brink of Federal Retirement

    Approximately 10,000 baby boomers are reaching retirement age per day, and a growing number of federal employees are preparing themselves for the next chapter of their lives. Learn how to tackle the challenges that today's workforce faces in laying the groundwork for a smooth and secure retirement.

  • Sponsored by Hewlett Packard Enterprise

    Cyber Defense 101: Arming the Next Generation of Government Employees

    Read this issue brief to learn about the sector's most potent challenges in the new cyber landscape and how government organizations are building a robust, threat-aware infrastructure

  • Sponsored by Aquilent

    GBC Issue Brief: Cultivating Digital Services in the Federal Landscape

    Read this GBC issue brief to learn more about the current state of digital services in the government, and how key players are pushing enhancements towards a user-centric approach.


When you download a report, your information may be shared with the underwriters of that document.