Democrats Eye Bush Midnight Regulations

(By Keith Bendis -- Bloomberg News)

"The Congressional Review Act, only being used once before, does add a new weapon and complication to the process," said Randel Johnson, vice president of labor, immigration and employee benefits at the U.S. Chamber of Commerce.

Trial lawyers, who often sue corporations on behalf of consumers, say more than 60 rules contain provisions making it impossible to sue in state courts for negligence on the part of manufacturers.

These preemption clauses are part of safety regulations issued by the Food and Drug Administration and Department of Transportation rules covering the operation of door locks, how many seat belts must be in a vehicle, and the required strength of vehicle roofs to withstand rollovers, according to the American Association for Justice, a trial lawyers' trade group.

"The next administration has the task of addressing these in a timely fashion," said Gerie Voss, director of regulatory affairs at the American Association for Justice. In September, the Institute for the Study of Regulation at the New York University School of Law wrote to the White House to complain that at least three new rules violated the Bolten decree against what the institute called "last-minute" policymaking.

Susan Dudley, the White house's top rule reviewer, responded in an Oct. 9 letter, saying that the memo wasn't "intended to be a moratorium." She also signaled that there will be post-November Bush rulemaking. The Bolten memo contemplates it would be appropriate, with White House approval, for some rules to proceed "without regard to deadlines."

Cindy Skrzycki is a regulatory columnist with Bloomberg News. She can be reached at cskrzycki@bloomberg.net