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Judicial re vie w
A special section, XI, on judic ial re view states that the Bulletin, "is not
intended to, and does not create any nightorbenefit, substantive orprocedural,
enforceable at law orin equity, against the Unites States, its agenciesorother
entities, its officers oremployees, orany otherperson" (XI p. 26). A press release
issued by the U.S. Chamberof Commerce last week (May 18, 2006) stated, "If the
Bulle tin is not judic ia lly re vie wable, then agencies can ignore it, " said William
Kovacs, vice president of the Chambers environment, technology & regulatory
affairs division. "What me a sure s will OMB undertake to ensure that the agencies
follow the instruc tions set out in the Bulle tin? Unfortunately, the Bulle tin lacks
clarity on this important matter."15 The Chamberof Commerce is comect that
OMB has been disconcerting ly vague on this critic al issue. Is it any wonderthat
Corporate America wants to increase the force of this Bulletin? It is very like ly to
bring regulatory actions to a stand-stil, especially if outside parties like the
Chamberof Commerce can bring a legalchallenge against the agenciesevery
time they step out of the straightjacket that this Bulle tin places around them.
CONCLUSION
As it is no w proposed, this Bulle tin contains several sig nific ant we a kne sse s
that are like ly to be used by industry and the regulated community to challenge
re gula tory actions ad infinitum. The Bulletin imposescostly and time-consuming
burdens on federalagencies to respond to challenges by outside parties. It is
unnecessarily broad in its application and gives little orno deference to the
judgments of the agencies which have the actualscientific expertise to conduct
and evaluate risk ana lyse s. It is unfairly burdensome to regulators while giving
industry assessments a free pass. And, it pre-ordains a built-in bias against
issuance of health protection on key scientific and policy issues. Most conce ming
15 U.S. Chamberof Commerce Press Statement. U.S. Chamber. OMB Risk Asse ssment
Bulle tin Must Be Judic ia lly Re viewable. May 18, 2006.
http://www.uschamberinfo/ct/ ul2v2W91xz09/
NRDC on OMBRA Bulle tin June 2006
14
Source: https://www.industrydocuments.ucsf.edu/docs/nicn0226

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