Wait grows on OMB's regulatory review

The Obama administration is more than two months late in releasing a review of its regulatory process, leading critics to charge it is failing to meet its promise of transparency. Many suspect the stalled nomination of Cass Sunstein, a Harvard Law School professor and friend of President Obama's, for administrator of the Office of Information and Regulatory Affairs (OIRA) may be the reason the report has yet to be released. Nevertheless, some say the administration's inability to produce the review is leaving it out of step with its pledge for a more open government. "It is inconsistent with their promise of transparency," said Rick Melberth, director of regulatory policy at OMB Watch, a public interest group. "What had started as a very public process has not stayed that way." Sunstein has earned praised from the right, including an endorsement by The Wall Street Journal editorial board, because the Harvard professor believes in review of regulations and a rigorous cost-benefit analysis during the rulemaking process. For now, Sunstein's nomination, which was sent to the Senate in late April, is stalled and is unlikely to come up before the August recess. Sen. John Cornyn (R-Texas) has placed a hold on the nominee. "Sen. Cornyn finds numerous aspects of Mr. Sunstein's record troubling, specifically the fact that he wants to establish legal 'rights' for livestock, wildlife and pets, which would enable animals to file lawsuits in American courts. Sunstein's musings about instituting a Fairness Doctrine for the Internet are equally as troubling," said Kevin McLaughlin, a spokesman for Cornyn.