From the Editor's Desk: Ch-ch-ch-changes
by Roy Bigham
December 1, 2008
Writing in 500 B.C.E., the Greek philosopher Heraclitus of Ephesus noted that the only constant is change. The question for us today is what those changes will bring to our industry.
If you were not watching your TV on late on a certain early
November Tuesday night, you missed quite a spectacle. From Grant Park in
Chicago to the streets of New York, San Francisco, Miami, Atlanta, and
countless towns, cities and living rooms across the U.S., millions of Americans
who had invested their faith behind a young man from Illinois were leading the
biggest electoral celebration in this country since 1932. Amidst the sea of
signs and calls, one word was repeated more than any other.
Change.
Next month, President-elect Obama will enter the White House
tasked with turning the poetry of his campaign into the prose of governance.
And those industries subject to federal environmental regulation, in
particular, are anxious to see how the rhetoric of "Change" will
translate into federal action across the breadth of highly charged issues.
Meanwhile, down Pennsylvania Ave., as the economy and
markets shudder under the weight of unseen market forces, various committees in
Congress are calling regulatory and business leaders to the carpet in an
attempt to determine how we got in this mess, and how they can help lead us out
of it. If the situation were not so serious, it would be uproariously entertaining
as fingers are pointing in every direction. However, I think a theme is
beginning to take shape as we prepare to take a new road that will impact us
all.
The key word that seems to keep coming up in the
congressional hearings is "oversight." Certainly, the first
government agencies that will be affected will be those dealing directly with
financial issues. However, the national regulatory mood that is developing
leads me to believe it is likely that the growth of government oversight will spill
into many business sectors, including ours very soon.
Whether correct or not, opponents of the Bush administration
have repeatedly pointed out that many of our social and economic ills,
including environmental shortcomings, are a direct result of a lack of vision
and regulation. They are concerned that the administration is using regulation
rather than legislation and the results have been failed policies to control
environmental and other issues.
For example, Rep. Henry Waxman, D-Calif. – who is chairman
of the House Committee on Oversight and Government Reform – recently sent a
letter to EPA Administrator Steven L. Johnson, admonishing the agency for the
number of court cases it has lost as a result of regulations being struck down.
Waxman expressed concern that the agency was promulgating rules that continued
to be struck down by the courts, thus demonstrating a lack of fiscal
responsibility due to the cost of promulgating the rules and then being
unsuccessful at defending the actions. The entire letter can be viewed online
at http://oversight.house.gov/documents/20081021110039.pdf.
The Government Accounting Office has issued many reports
demonstrating weaknesses in decisions made by EPA. PE's staff has reported on
some of these reports in the news section of the magazine and in the news
updates on our home page. Rep. Tom Davis, R-Va. called for Obama to meet with
the comptroller general, Gene Dodaro, to learn about ways to reduce costs and
determine what agencies may need more oversight.
Most of the indications available to me are that we can
fully expect that there will be more oversight by congressional leaders and the
new administration's agencies. Expect more laws to be written by the 111th
Congress, more goals to be established by the agencies and more paperwork to be
involved to satisfy these demands.
Many of our readers have written PE to speak out
against additional governmental oversight, legislation or regulation. In a lot
of ways, I agree with you. But regardless of our feelings, the national mood
has given our newly elected government a mandate for major changes, both from
Congress and executive agencies. It will be up to us to 'turn and face the
strange.' PE
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