Editore"s Note
Tilting at Windmills

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May 13, 2010

REGULATIONS I CAN BELIEVE IN.... When considering the kind of changes we've seen between this administration and the last, we tend to think about economic, national security, legal, and social policy. More generally, we might also think about the shift away from corruption, incompetence, and mismanagement.

But one of the most dramatic changes is one that often goes overlooked: "A new age of regulation is well under way in Washington."

In a burst of rule-making, federal agencies have toughened or proposed new standards to protect Americans from tainted eggs, safeguard construction workers from crane accidents, prevent injuries from baby walkers and even protect polar bears from extinction.

Over the last year, the Obama administration has pressed forward on hundreds of new mandates, while also stepping up enforcement of rules by increasing the ranks of inspectors and imposing higher fines for violations. [...]

[T]he new aggressiveness reflects the new cops on the beat, and the contrast with the Bush administration is an intentionally sharp one. While the Bush administration mostly favored voluntary compliance by industry, senior Obama administration officials argue that carefully crafted regulation can be a positive force.

"We start from the perspective that we all want a cleaner environment, longer lives, improved safety," said Peter R. Orszag, director of the Office of Management and Budget, which reviews major regulations. "Smart regulation can make people's lives better off."

Industry leaders are complaining, a development that is neither surprising nor compelling. As the FDA gets stronger, after being gutted under the Bush administration, it's to be expected that industries are going to lament new burdens. But after a little too much "e. coli conservatism," I much prefer the new-and-improved way.

I do wish this area of public policy was more appreciated, though. It's the kind of detail few Americans consider before voting, but when a president takes office, he/she does more than just become the head of the White House and a political party; he/she also leads a large federal bureaucracy with vast regulatory power.

Over the last three decades, through Republican administrations, that regulatory power was deliberately stunted, favoring business interests over consumer interests. The bureaucracy has some discretion over which laws are enforced more vigorously, and the Bush administration, for example, chose a lax attitude when it came to consumer and worker protections. Obama, in contrast, is using the executive branch in a very different, more progressive fashion, emphasizing strong federal oversight, and evidence-based analysis, with the public's interests in mind.

John Judis had a good item on this earlier in the year.

[T]here is one extremely consequential area where Obama has done just about everything a liberal could ask for -- but done it so quietly that almost no one, including most liberals, has noticed. Obama's three Republican predecessors were all committed to weakening or even destroying the country's regulatory apparatus: the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the Securities and Exchange Commission (SEC), and the other agencies that are supposed to protect workers and consumers by regulating business practices.

Now Obama is seeking to rebuild these battered institutions. In doing so, he isn't simply improving the effectiveness of various government offices or making scattered progress on a few issues; he is resuscitating an entire philosophy of government with roots in the Progressive era of the early twentieth century. Taken as a whole, Obama's revival of these agencies is arguably the most significant accomplishment of his first year in office. [...]

Republican presidents didn't just undermine scientific administration by making poor appointments; they also slashed or held down the regulatory agencies' budgets, forcing them to cut personnel. This was a particular problem in the all-important area of enforcement: If regulatory agencies can't conduct inspections and enforce rules, it doesn't matter how tough those rules are.... Now Obama is reversing these trends.

Judis added that Obama's regulatory appointments "could not be more different" from those we've seen in recent years, and "the flow of expertise into the federal bureaucracy over the past year has been reminiscent of what took place at the start of the New Deal."

Good. I know we're dealing with obscure government officials in unseen government offices, but it's hard to overstate how much of a difference this makes in Americans' daily lives.

Of course, it's worth noting that in the Clinton administration's first two years, the president tried to revamp regulatory agencies, too. Republicans took over Congress in 1995, and blocked many of those efforts.

Here's hoping history doesn't repeat itself.

Steve Benen 1:25 PM Permalink | Trackbacks | Comments (17)

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Comments

The late great Molly Ivins described the "under the radar" efforts by Bush to weaken federal regulations in "BushWhacked". It's an important read for anyone trying to understand what needs to be rebuilt.

Posted by: jeanne marie on May 13, 2010 at 1:39 PM | PERMALINK

17.1% unemployment,seamless continuation of virtually all of Bush's policies,the Dems are toast.

Posted by: par4 on May 13, 2010 at 1:47 PM | PERMALINK

This bud's fer Al:

It is quite obvious to even the stoopidest Repugnant (Boehner, Pence, Kantor, King NY, King Iowa --anyone?) or the most vicious Tea partier:

All this regulation is just to TAKE AWAY OUR FREEDOM.

Government IS the problem, as Ronnie Rayguns infallibly stated.

Posted by: neill on May 13, 2010 at 1:49 PM | PERMALINK

"Industry leaders are complaining..."
That's a good start, and it tells us we're on the right track. I'll be even happier when they're begging for mercy.

Posted by: Govt Skeptic on May 13, 2010 at 1:54 PM | PERMALINK

Industry leaders are complaining...

To whom? Who is holding the smoking gun they just pointed at their own foot?

Posted by: Doug Bostrom on May 13, 2010 at 2:01 PM | PERMALINK

Pity it has to kept under the radar.

This speaks to the public's lack of appreciation of such restoration and improvement. Why is this? When circumstances are adverse it seems people generally take their frustration and discomfort out on the government and the party in power. By and large most people seem unable or unwilling to look intelligently at the causes and valid solutions to their predicaments. They only want to complain without sharing responsibility in working to resolve the problems.

It points to an over-indulged, under educated populace behaving like spoiled children having tantrums. What a pity.

Posted by: Goldilocks on May 13, 2010 at 2:03 PM | PERMALINK

@ Neill:

After I got done laughing loudly at your comment, there are only a couple of things to say:

1. What freedom are you protecting, precisely? The freedom to maintain crappy mining conditions that will kill 29 or more miners?

2. If government is the problem, then I'm sure you'll agree with me that Louisiana and other Gulf Coast really don't need ee-vil federal government money to clean up the damage from the BP oil spill.

Posted by: Peter on May 13, 2010 at 2:05 PM | PERMALINK

The most obvious difference was between James Lee Witt and Michael Brown as head of FEMA, under Clinton and Bush respectively.


Posted by: VaLiberal on May 13, 2010 at 2:11 PM | PERMALINK

And the amazing thing is that the administration is accomplishing this while significant numbers of important executive branch appointments are being held hostage AND depressingly high numbers of BushWhacking gophers managed to tunnel from political to career status and are doing their damnedest to stall, distract and undermine the effort (Minerals Management Services, anyone??).

Posted by: Larry McD on May 13, 2010 at 2:20 PM | PERMALINK

And while the oil industry execs were being questioned yesterday, the rethugs were attending a fundraiser with the oil company lobbyists!

Posted by: Joan on May 13, 2010 at 2:24 PM | PERMALINK

Didn't Clinton sign the deregulation bill that caused 1/2 this mess?

Posted by: rick on May 13, 2010 at 2:36 PM | PERMALINK

This is a very important point that I make constantly to anyone who will listen. You don't just vote for a President. The party that controls the White House controls thousands of key jobs in the executive and judicial branches - people who make thousands of crucial decisions every day. Regardless of what you think about the candidates, the key question is whether you want all these people to be Democrats or Republicans.

Posted by: Virginia on May 13, 2010 at 2:50 PM | PERMALINK

I thought this was going to be the "transparent administration"...

Posted by: J on May 13, 2010 at 3:17 PM | PERMALINK

RE: J's post...

"I thought this was going to be the "transparent administration"..."

I think you will find that all this is taking place pretty much in public since all regulatory changes must include public comment periods and be reported in the Federal Register.

Perhaps the apparent lack of transparancy mostly is due to the administration choosing not to highlight the effort and the press choosing not to report on it.

As an aside, I believe Peter Orzag's comment that we start from the perspective of the social goals "we want" to drive smart regulatory policy is important.

Posted by: DavidI on May 13, 2010 at 4:53 PM | PERMALINK

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