Environment, Technology & Regulatory Affairs Division Annual Report 2011

2011 was the year of EPA’s regulatory cascade of new economically significant regulations that each cost more than $100 million annually, and seven that each cost more than $1 billion annually. Challenging the regulations separately was a necessary defensive effort. However, merely continuing with our traditional activities was just too little to make a real difference against the onslaught of new regulations.

We knew that we had to develop a comprehensive approach to restoring balance to the regulatory process. And we did. When enacted, this comprehensive effort will restore balance to the regulatory process.

• Continue with our traditional activities of participating in as many major rulemakings as possible, urging congressional investigative committees to conduct oversight activities, and challenging arbitrary rules in the courts.
• Advocate that Congress repeal regulations that exceed the authority granted to the agencies by Congress.
• Actively work with Congress to introduce and enact the Regulatory Accountability Act, which will modernize the APA.
• Take on the current abuse of the regulatory system, which allows anyone to file an unlimited number of lawsuits for years and, at times, decades.
• Continue to address the root causes of why projects are not being built, i.e., a broken permitting process that does not impose accountability on agencies.

The Chamber’s efforts were rewarded in 2011. The Regulatory Accountability Act was introduced and passed by the House of Representatives. The President’s Council on Jobs and Competitiveness, in its initial report, recommended permit streamlining as a way to create jobs. The president singled out the Chamber’s efforts to promote the use of Energy Savings Performance Contracts and sent a presidential memorandum to the agencies to implement the program to the maximum extent feasible. These are huge steps forward to restoring balance to the regulatory process. But we know that it takes years to enact major legislation into law. We know that it will be a long road ahead, and the Environment, Technology & Regulatory Affairs Division is committed to making the journey.