Environment, Technology, and Regulatory Affairs Division Annual Report 2012 - 100 Years of Fighting for Business

In 2012, the U.S. Chamber celebrated 100 years of fighting for your business. For our part, the Environment, Technology & Regulatory Affairs Division achieved major success initiating an effort to reform the federal rulemaking process. The specific reforms would ensure that agencies issue rules implementing congressional intent, that new rules operate efficiently and are based on sound scientific and economic principles, and that the federal permitting process for infrastructure projects is improved to foster American competitiveness.

Unfortunately, the federal regulatory system has evolved from one created in 1946 to promote public involvement and ensure that regulations are based on solid facts, science, and economics to a system that is so complex and opaque that it is easily manipulated by agencies and activist groups to make national policies based on select facts. As presently structured, Congress has a difficult time performing oversight over almost 200,000 rules impacting almost every aspect of human activity.

Congress has passed such broad laws that it has essentially ceded its legislative authority to the agencies and, in a divided government, it cannot get the power back. This delegation of power is made worse by the unprecedented degree of deference that courts give to agency decisions, which has fundamentally altered the checks and balances in our federal system. The Chamber set forth a plan to immediately address newly proposed economically significant rules that adversely impact business, while working with Congress to promote legislation that limits the regulatory authority of federal agencies.

As part of our efforts, the Chamber took an active role in many highly visible rulemakings in a number of areas, including greenhouse gas rules, coal ash requirements, power plant emissions standards, new federal controls on water bodies, and new emissions standards for hazardous air pollutants. In addition, we led the multi-industry effort to push through key reforms of permit streamlining and sue and settle reform. 

There are many critical infrastructure projects that are delayed or even canceled because of the broken federal permitting system. Through new permit streamlining legislation, these job-creating projects have the chance to become a reality. Sue and settle legislation would address the all-too-frequent situation where activists and agencies using court-ordered consent decrees force the development of regulations, often on extremely tight deadlines, that they could otherwise not achieve through the regular rulemaking process

The Chamber’s reform efforts were successful. On July 24, 2012, the House of Representatives, by a vote of 245-172, passed the Red Tape Reduction and Small Business Job Creation Act. This act contained Chamber-supported legislation to enact permit streamlining reform and place limits on the sue and settle activities of federal agencies and activist groups. Passage of permit streamlining and sue and settle legislation along with the Regulatory Accountability Act—which modified the 1946 Administrative Procedure Act and passed the House in 2011—completed a package of bills that would restore balance to the regulatory process. These bills, if enacted, would help restore Congress’ ability to oversee and manage the aggressive agendas of the federal agencies.

Chamber regulatory activity was not limited to regulatory reform, energy, and EPA regulations.  In 2012, the Chamber was also involved in telecommunications, the Internet, privacy, data security and breach legislation, e-commerce, telephone consumer protection, and FCC reform legislation that proposed consolidating numerous FCC reporting requirements and eliminating many burdensome requirements. The Chamber was a leading advocate for passage of House and Senate Resolutions supporting the current multistakeholder process for Internet governance to ensure that the Internet remains free of government control. 

To say the least, it has been an exciting year. All this work was undertaken by a smart and hardworking staff, which is the pride of the Chamber and contributes so greatly to our success.

In addition, our four committee chairs, Chamber board members Harry C. Alford, CEO and president, National Black Chamber of Commerce (Government Operations, Oversight & Consumer Affairs Committee); Donald J. Sterhan, president, Mountain Plains Equity Group, Inc. (Environment & Agriculture Committee); Thomas J. Tauke, executive vice president, Public Affairs, Policy and Communications, Verizon Communications, Inc. (Telecommunications & E-Commerce Committee); and Gary J. Taylor, group president (retired), Utility Operations, Entergy Services, Inc. (Energy, Clean Air & Natural Resources Committee) volunteered large amounts of their personal time on issues of great importance to Chamber members. Without their help, advice, and friendship, it would be impossible to advocate as hard as we do for the business community. 

2013 will surely be a very busy year, and that is what makes every day so exciting and challenging. I look forward to working with our members on the many issues of interest to your companies.