Political Quotes

“Title II of the bill contains transparency requirements that are long overdue. To make sure that agencies comply and conduct their business in the sunshine, it prohibits an agency from entering a new regulation into effect unless the agency makes the disclosures the bill requires for at least 6 months before the regulation's published effective date. Nevertheless, to provide flexibility where it is needed, the bill allows exceptions to the prohibition. For example, it grants a general exception for rules that do not require notice and public comment pursuant to the Administrative Procedures Act's ``good cause'' exception. By statute, this exception includes situations where taking the time for notice and comment would be ``contrary to the public interest.'' In addition, the bill provides for a specific exception when a rule is needed to respond to an imminent threat. The amendment seeks to widen the latter exception, but it goes too far. It would allow any health or safety rule, including environmental rules, that an agency self-styles as responsive to an emergency, to evade the title's reasonable disclosure requirements with ease. A mere 6 months of disclosure to the public is not unreasonable in the absence of an imminent emergency. The courts, moreover, can be relied upon to interpret the imminency requirement so as not to delay unduly the effective dates of needed, true emergency rules.…”