Forward!, over the regulatory cliff

posted at 2:41 pm on December 13, 2012 by Erika Johnsen

While the priority (well, some people’s priority) at the moment is avoiding falling off the fiscal cliff because of the damage the sudden smack of across-the-board tax hikes and spending cuts would inflict upon the economy, and while Republicans have been plenty vocal about the deeply negative economic impact that would also come from Obama’s plan of removing more money from the private sector via hiking taxes on families making more than 250k/year, let’s not forget about the other means the Obama administration has at their disposal to continue hampering economic growth (which, funnily enough, is the one thing that would bring both the revenue and prosperity for which they claim to be shooting).

While both the fiscal cliff and Obama’s tax hikes are still to-be-determined, the new year will start to show more signs of the policy mechanisms already in the works that are going to take a big bite out of Americans’ economic productivity. ObamaCare springs immediately to mind, but the administration’s many minions are already running around composing the rules and regulations they put off until after the election that are going to pose considerable compliance and opportunity costs on businesses across the country:

In recent weeks, the Environmental Protection Agency has proposed rules to update water quality guidelines for beaches and other recreational waters and deal with runoff from logging roads. The National Highway Traffic Safety Administration, meanwhile, has proposed long-delayed regulations requiring auto makers to include event data recorders — better known as “black boxes” — in all new cars and light trucks beginning in 2014.

The administration also has initiated several rules to implement its health care overhaul, including a new fee to cushion the cost of covering people with pre-existing conditions. …

Obama has spent the past year “punting” on a slew of job-killing regulations that will be unleashed in a second term, said Sen. James Inhofe, R-Okla. …

A new study by the National Association of Manufacturers claims major new EPA rules could cost manufacturers hundreds of billions of dollars and eliminate millions of American jobs.

Even the government’s reliably-rosy outlook is projecting that our economy is scheduled to stay on the strugglebus for awhile yet, and whether or not we directly hike tax rates, it’s only going to get worse as these rules finally start to get written. Sen. Rob Portman called out President Obama in a letter on Wednesday for his administration’s inexplicable failure to publish their legally required regulatory outlook, on which we’re all still eagerly waiting:

U.S. Senator Rob Portman (R-Ohio), former Director of the Office of Management and Budget (OMB), today sent a letter to the President asking why his Administration has failed to publish its Spring 2012 and Fall 2012 Regulatory Agendas identifying regulations under development, as required by law and executive order. …

“President Obama promised the most transparent administration in history, but he has failed to comply with the basic duty to publish plans for new regulations, as required by federal law,” Portman said.  “The Administration first skipped the required Spring regulatory plans without any explanation and has also now missed the deadline for the Fall agenda.  This troubling pattern calls into question whether the Administration has abandoned this important tradition of openness in government.”

For nearly three decades, presidents of both parties have published a twice-annual “regulatory agenda” identifying all planned and expected regulations.  These spring and fall regulatory agendas are required by the Regulatory Flexibility Act and by Executive Order 12,866, issued by President Clinton and reaffirmed by President Obama last year.

But this year, the Obama Administration inexplicably failed to release the required Spring 2012 Regulatory Agenda and has now missed the deadline for the Fall 2012 plans.  Although the Obama Administration set a “firm deadline” to collect agency plans by April 13, eight months have passed and the plans have still not been made public.


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God, that oaf looks stupid!

Schadenfreude on December 13, 2012 at 2:46 PM

….BEND OVER…!!!

KOOLAID2 on December 13, 2012 at 2:46 PM

Oaf in Chief just had union employees rehired – they were out for releasing medical records, illegitimately.

This is the Goon in Chief, not the president of a once great land.

Schadenfreude on December 13, 2012 at 2:47 PM

God, that oaf looks stupid!

Schadenfreude on December 13, 2012 at 2:46 PM

……………looks….????????????????

KOOLAID2 on December 13, 2012 at 2:48 PM

The whole of the EPA/CO2 tax on U.S. is a fraud for U.N. wealth restribution.

http://www.wattsupwiththat.com

APACHEWHOKNOWS on December 13, 2012 at 2:48 PM

This is your president and his court now.

Rejoyce, fools, all of you who brung him, from the left to the right.

May you and yours all be destroyed by him.

Schadenfreude on December 13, 2012 at 2:48 PM

isn’t that shrugglebus?

DanMan on December 13, 2012 at 2:49 PM

U.S. Senator Rob Portman (R-Ohio), former Director of the Office of Management and Budget (OMB), today sent a letter to the President asking why his Administration has failed to publish its Spring 2012 and Fall 2012 Regulatory Agendas identifying regulations under development, as required by law and executive order.

The reason for this is the reason these crooks do everything that they do. They know the media will not hold them accountable and if R’s raise questions they’ll get ignored or demonized and everything Obama does will be scrutinized at all. …

gsherin on December 13, 2012 at 2:49 PM

……………looks….????????????????

KOOLAID2 on December 13, 2012 at 2:48 PM

You can’t look smart when you’re an imbecillic narcissistic Utopian goon.

Schadenfreude on December 13, 2012 at 2:50 PM

U.S. Senator Rob Portman (R-Ohio), former Director of the Office of Management and Budget (OMB), today sent a letter to the President asking why his Administration has failed to publish its Spring 2012 and Fall 2012 Regulatory Agendas identifying regulations under development, as required by law and executive order.

“Because I won, Rob” — Hyena of AmeriKa

Schadenfreude on December 13, 2012 at 2:51 PM

How much the once freest land on Earth deserves this charlatanic and destructive circus. Enjoy the flukeing, fools.

Schadenfreude on December 13, 2012 at 2:52 PM

Oh, this is gonna be a long 4 years.

Iblis on December 13, 2012 at 2:55 PM

Checking the shoulder harnesses on my new ACME rocket system….

viking01 on December 13, 2012 at 2:55 PM

For nearly three decades, presidents of both parties have published a twice-annual “regulatory agenda” identifying all planned and expected regulations. These spring and fall regulatory agendas are required by the Regulatory Flexibility Act and by Executive Order 12,866, issued by President Clinton and reaffirmed by President Obama last year.,But this year, the Obama Administration inexplicably failed to release the required Spring 2012 Regulatory Agenda and has now missed the deadline for the Fall 2012 plans. Although the Obama Administration set a “firm deadline” to collect agency plans by April 13, eight months have passed and the plans have still not been made public.

He cannot follow the regulations on how to make new regulations.
What was it he said to Reid ? ” Harry, I have this gift.”

Jabberwock on December 13, 2012 at 2:57 PM

It really will need to be burned to the ground to fix it…

:(

Seven Percent Solution on December 13, 2012 at 2:59 PM

Just a question I’m wondering if we have an answer to yet:

were the unemployed accurately represented by the electorate via the exit polls in 2012? What percentage of voters was unemployed vs. the official BLS numbers?

DeathtotheSwiss on December 13, 2012 at 3:00 PM

America deserves what they voted for. Republicans need to get the hell out of the way.

Daemonocracy on December 13, 2012 at 3:02 PM

America deserves what they voted for. Republicans need to get the hell out of the way.

Daemonocracy on December 13, 2012 at 3:02 PM

Whoever laughed at Trump’s expense and derived him when he brought up the birth certificate issue deserves to pay higher taxes. And the people who orchestrated the laughing and the derision will be collecting those taxes.

Archivarix on December 13, 2012 at 3:07 PM

The Left keeps on flapping their collective gums that things are Sooooo much better when businesses are strapped down with kinds of regulations and taxes – they ought to be celebrating now.

Liberty is on the wane, freedom in down the drain, socialism is in the main and everyone will gain?

Galt2009 on December 13, 2012 at 3:10 PM

I have a fundamental question and I apologize for not knowing the answer. Maybe it’s because the question never occurred to me before.

When governmental actions are “required by law” and those actions are not taken, flagrantly, in open disregard of the “law of the land,” what is the remedy? Is there a right of action in the courts to compel required action to be taken? What is the remedy? What are the penalties for non-compliance?

This is serious. I see it almost daily from this administration and from both Houses of Congress. The requirement for the passage of a budget. The requirement for reports to be published, such as the Regulatory Report.

What is the point of passing a law if there is no penalty for non-compliance? Anybody have an answer?

Or is everybody just afraid of the President? What? He’s going to yell at them? Get his panties in a twist? What’s going on here? Is it any wonder that no one takes Congress seriously, since they don’t take themselves seriously?

IndieDogg on December 13, 2012 at 3:11 PM

which, funnily enough, is the one thing that would bring both the revenue and prosperity for which they claim to be shooting

Perhaps this should be one of the thousand clues that Obama is not actually shooting for revenue and prosperity.

The Rogue Tomato on December 13, 2012 at 3:13 PM

IndieDogg on December 13, 2012 at 3:11 PM

In a land of laws there were remedies.

What you experience now is anarchy. You know what follows.

Schadenfreude on December 13, 2012 at 3:14 PM

IndieDogg on December 13, 2012 at 3:11 PM

You appropriately diagnosed that both parties are equally illegal.

Schadenfreude on December 13, 2012 at 3:14 PM

When governmental actions are “required by law” and those actions are not taken, flagrantly, in open disregard of the “law of the land,” what is the remedy? Is there a right of action in the courts to compel required action to be taken? What is the remedy? What are the penalties for non-compliance?

IndieDogg on December 13, 2012 at 3:11 PM

been asking myself that question for a few years now. When we figure out the answer the healing can begin.

Tenwheeler on December 13, 2012 at 3:18 PM

This troubling pattern calls into question whether the Administration has abandoned this important tradition of openness in government.”

anybody seeing a similar pattern to a little Austrian guy that got a great deal of power in the 1930′s? Obama needs to grow a mustache.

teejk on December 13, 2012 at 3:19 PM

To jail with you

Schadenfreude on December 13, 2012 at 3:22 PM

And instead of Obamacare and new regulations getting blamed for hurting the economy, it will all be heaped upon the Republicans for taking us over the fiscal cliff. And once over the cliff, Democrats will take credit for reinstating the middle class tax cuts.

Republicans are doing everything Obama is hoping for and in the end, the taxes will still be higher on upper income earners. Come 2014, the Democrats will have control of the House and a super majority in the Senate.

GCM on December 13, 2012 at 3:24 PM

“8 months have passed”. Hey man, I’m playing hoops and golf. Lay off me Bull Conner.

Hummer53 on December 13, 2012 at 3:28 PM

GOP; want to stop it? Write the budget for EPA by erasing the last zero on their current budget; give them 10% to work with and they’ll not be able to implement ANYTHING! And then GROW A PAIR and defend that budget!

michaelo on December 13, 2012 at 3:40 PM

Sen. Rob Portman called out President Obama in a letter on Wednesday for his administration’s inexplicable failure to publish their legally required…

C’mon, Erika, that should be “…unexpected and inexplicable failure…”

/

The failure of the Obama administration to publish its legally-required regulatory outlook in an election year was “expected” and is 100% “explicable.”

Resist We Much on December 13, 2012 at 3:41 PM

Circling the toilet…

PatriotRider on December 13, 2012 at 3:53 PM

From first to third world government in less than four years.

We will all be chicago now.

jukin3 on December 13, 2012 at 4:03 PM

The EPA budget is almost 10 billions dollars a year… Reduce their budget to 1 billion dollars (and that is still way too much) and right there we save 9 billion dollars a year…

mnjg on December 13, 2012 at 4:36 PM

unleashed in a second term

I also think unhinged, unaccountable, unpatriotic, unAmerican and unglued are some other “un”s in its second term.

RedInMD on December 13, 2012 at 4:41 PM

Circling the toilet…

PatriotRider on December 13, 2012 at 3:53 PM

I like to think of it as surfin’ the swirl…

RedInMD on December 13, 2012 at 4:42 PM

For nearly three decades, presidents of both parties have published a twice-annual “regulatory agenda” identifying all planned and expected regulations. These spring and fall regulatory agendas are required by the Regulatory Flexibility Act and by Executive Order 12,866, issued by President Clinton and reaffirmed by President Obama last year.

But this year, the Obama Administration inexplicably failed to release the required Spring 2012 Regulatory Agenda and has now missed the deadline for the Fall 2012 plans. Although the Obama Administration set a “firm deadline” to collect agency plans by April 13, eight months have passed and the plans have still not been made public.

Does this mean we have legal standing to not comply with or challenge any new rules that are enacted that haven’t been presented in these agenda updates?

Why should manufacturers be forced to comply with these rules when the government does not comply with their own rules? I think we should revolt and challenge all new rules in court.

weaselyone on December 13, 2012 at 6:05 PM

IndieDogg on December 13, 2012 at 3:11 PM

The 1974 Congressional Budget Act required a proposed budget by April 15, but unfortunately there are no penalties for failure to do so, as we have seen.

Regulations that violate the law/constitution must be resolved in court or by congress and must be officially revoked by congress to totally disappear; impeaching and convicting the cabinet member/President is the only penalty unless there were criminal actions. Remember all laws, regulations and Executive Orders are de facto constitutional and require congressional actions or court decisions to over rule them. Even SCOTUS decisions do not REMOVE laws and regs from the books. They have to be removed by congress or the executive. Otherwise they can be used to harass citizens even though they were ruled against by the courts. Prosecutors are usually immune from being charged with any criminal charge if they do that; civil suits against the government organization that allowed the harassment to occur could happen. In any event, citizens could be imprisoned and have to hire lawyers to show that the charge was improper.

President Andrew Jackson sent Native Americans on the “Trail of Tears” even though the SCOTUS ruled it was unconstitutional. Nothing happened to him although some tried to impeach him. 400 died on the trail.

This is why we must elect people who respect not just the letter of the law, but the intent of laws and their constitutionality to preserve the rule of law. The USSR had a very good constitution with more rights than ours, but there was NO rule of law in their country to enforce its provisions.

amr on December 13, 2012 at 6:20 PM

“President Obama promised the most transparent administration in history, but he has failed to comply with the basic duty to publish plans for new regulations, as required by federal law,”

Since when has this administration been concerned about compliance with the law?

GarandFan on December 13, 2012 at 8:43 PM