Business Thinks Data Rule Isn't Worth Its Salt

Tozzi said he hopes that a challenge by a California group supporting the use of marijuana for medical purposes will offer a better test case.

In the interim, Tozzi said, OMB should treat petitions as it does major rules: OMB's Office of Information and Regulatory Affairs should review them and send them back to agencies if fixes are necessary.

Kovacs said perhaps administrative law judges within agencies could settle disputes or OMB could have an ombudsman.

For example, the chamber has challenged data "inconsistencies" in the science the Environmental Protection Agency routinely uses, but the issue has been ongoing for the past two years.

Sources familiar with OMB's implementation of the data quality law said business is unlikely to get another hearing because OIRA is involved already in how agencies handle petitions and challenges to their data.

"OMB will continue to work with the agencies to ensure interagency consistency and the agencies' adherence to the IQ Act and OMB's government-wide guidelines," said Alex Conant , OMB spokesman.

Another avenue is a legislative fix as part of the ongoing reauthorization of the Paperwork Reduction Act.

Rep. Candice S. Miller , chairwoman of the House Government Reform subcommittee with jurisdiction over the law, said, "The Information Quality Act is an important good government statute ensuing that government information is of the highest quality before it is disseminated." Despite the court ruling, she said she thought Congress "intended that agency decisions under this act be reviewed by the courts." She said other cases might bring different results and Congress would make legislative changes if necessary.