At the Last Minute, a Raft of Rules

A rule approved by the White House after the election would ease constraints on oil shale development in the West. (By Ed Andrieski -- Associated Press)

"We will do whatever it takes," said Sen. Barbara Boxer (D-Calif.), the Environment and Public Works Committee chairman. "We're all over this. We've been waiting to pass on the information" to Obama's transition team.

A spokeswoman for the OMB, who declined to be named, said "the activity of the last three weeks is expected" because the White House had ordered that draft regulations be sent to the OMB for final review by Nov. 1. She said those regulations still being completed reflect "long-standing administration priorities."

Not every draft regulation got approved. On Nov. 19, the OMB ordered the Energy Department to kill new regulations that would have forced the federal government to buy more-energy-efficient lights, appliances, and heating and cooling systems. Daniel J. Weiss, climate strategy director at the Center for American Progress Action Fund, called that retreat from a 2005 requirement "unbelievable."

The White House also ordered the Environmental Protection Agency to withdraw a new regulation mandating that truck manufacturers install equipment to monitor vehicle pollution. It blocked the Department of Veterans Affairs from issuing new promised "user-friendly" guidance on burial and survivors benefits.

Those regulations that did get the nod came from 16 agencies and departments and will have a broad impact.

A controversial new Health and Human Services rule approved in late October, for example, cuts an estimated $2 billion in state Medicaid reimbursements for outpatient services. State officials had complained that it would jeopardize dental care for children, certain lab tests and speech and occupational therapy.

"The withdrawal of this rule should be one of the first orders of business for the Obama administration," said Rep. Henry A. Waxman (D-Calif.).

A controversial Justice Department rule approved Nov. 19 orders accelerated judicial review for death sentences. Legal groups had argued that speeding up executions makes errors more likely.

Another Justice rule approved Nov. 19 spells out the personal documentation that sexually explicit performers and related publishers must make available for government inspection. The underlying 2005 law, intended to keep minors out of such performances, has been challenged in the courts as a privacy violation by sexual swingers and the magazines in which they use explicit photos to solicit partners.

Nine days after the election, the White House approved a rule allowing trucking companies to force drivers to stay on the road for 11 hours without a rest. The American Trucking Association supported the rule, but lawmakers, unions and advocacy groups have called the extended hours dangerous.

Three days after the election, the White House also approved a regulation requiring that lenders provide home buyers with a simplified summary of their financial and legal obligations. The changes, under development at the Department of Housing and Urban Development since 2002, gained impetus after lending fraud contributed to the U.S. economic meltdown.

Industry opposed the reforms, however, and as a result, HUD dropped a proposal that settlement agents read a "closing script" as they complete a transaction.