Articles by Bill Kovacs

Blog

Serious Senate Efforts to Make EPA More Transparent

Only by EPA being transparent will the regulatory system be fair and open to all the public.

Blog

Shining the Light on EPA’s Mismanagement of FOIA Requests

EPA's failure to provide information to the public in a timely manner has become an institutional problem.

Blog

A Primer on Judgment Funds (and Why You Should Care)

This source of money and payments isn't transparent and violates the constitutional mandate that requires our government to account for all public money.

Opinion

EPA Sets More Achievable Standards on Boiler, Cement Regulations

U.S. Chamber Senior Vice President for Environment, Technology, and Regulatory Affairs Bill Kovacs weighs in on the EPA's final rules for Boiler Maximum Achievable Control Technology (MACT) and Cement MACT.

Blog

EPA’s Sleight of Hand on New Soot Regulations

How does EPA propose the most restrictive standards ever issued for particulate matter and claim that 99% of all U.S counties will be in attainment without any further action Yes, like all magic tricks it is based on sleight of hand.

Blog

Rebuttal to “The Wonky Liberal”

In his December 6th article “The Wonky Liberal”, David Brooks pushes the Obama administration’s mantra that regulations “are not tanking the economy.”  I simply cannot understand how anyone can continue to issue such blanket denials when so much of the evidence points to the contrary.

Blog

CBO on Regulatory Accountability Act

As the House of Representatives prepares to consider H.R. 3010, the Regulatory Accountability Act this week, supporters of open government and transparency received some welcome news from the CBO. The CBO report on the bill credits the legislation for creating more public participation in the rul

Blog

Our Best Bet to Modernize the Federal Rulemaking Process

Today, the House Judiciary Committee will mark up H.R. 3010, the Regulatory Accountability Act.  Passage of the bill holds the promise of a much-needed modernization of the Administrative Procedure Act (APA), the law that governs the procedures federal agencies must use when they write new rules. 

Blog

EPA Inspector General Chides Agency For Serious Flaws in Greenhouse Gas Rulemaking

On Friday, the U.S. Chamber of Commerce and 16 other organizations challenging the EPA’s efforts to regulate greenhouse gases under the Clean Air Act jointly filed a motion with the DC Circuit to inform the Court of a recent report issued by the EPA’s Inspector General that harshly criticized the

Blog

TRAIN Act on Same Track as Past Executive Orders

This week, the House will vote on H.R. 2401, the “Transparency in Regulatory Analysis of Impacts on the Nation (TRAIN) Act of 2011.”  The TRAIN Act requires a cabinet-level study of the cumulative impacts of several EPA regulations that threaten jobs and the economy.  The Chamber supports the TRAI

Blog

A Worthy Effort that Falls Short

Today, the Obama administration released version 2.0 of its regulatory review which looks back at existing regulations to determine which regulations it can streamline or eliminate.  The administration’s findings and determinations, on their own, are a worthy effort at making technical changes t

Blog

A Plea Not an Order

While the Chamber applauds the President’s attempt to “jawbone” independent agencies into examining their regulations for burdensome or outdated rules, it seems as though his demands come as a plea rather than an order. If the administration was serious about making independent agencies identify

Blog

Sunstein’s Disingenuous Regulation Claims

In the Washington Post, Cass Sunstein, administrator of the Office of Information and Regulatory Affairs (OIRA), aka President Obama's "regulatory czar," pooh-poohed the idea that the administration is burying businesses under piles of regulations and called out the Chamber for putting on the Re

Blog

One Small Step …

The results are in on the Obama administration’s four-month review designed to identify existing regulations “that are out-of-date, unnecessary, excessively burdensome, or in conflict with other rules.” They certainly had a lot to choose from. There are about 180,000 regulations on the books cost

Blog

Winds of Change Blowing in Cape Cod

Yesterday, the Interior Department approved the construction and operating plan for Cape Wind, clearing a major regulatory hurdle for the nation’s first offshore wind farm. Construction could begin as soon as this fall on the Nantucket Sound project. The approval sends a positive signal to other

Blog

Rare Earth Elements and Our Clean Energy Future

What do a cell phone, a hybrid car, and a wind turbine have in common? They all require rare earth elements. Rare earth elements are not, despite their name, actually rare. The term dates back to the 18th and 19th centuries before it was clear how common most rare earth elements are. They are, h

Blog

Thousands of Jobs are Right in Front of Us

While there are signs the economy is turning around, the unemployment rate remains stubbornly high.  There are no easy solutions and it’s not going to get better overnight.  But there are simple steps we can take that will make a big difference while improving our energy efficiency at the same tim

Blog

Project No Project

By Bill Kovacs Today, the Chamber released a first-of-its-kind study that assesses the economic impact of a broad range of energy projects that are being stalled, stopped, or outright killed nationwide due to “Not In My Back Yard” (NIMBY) activism, a broken permitting process and a system that a

Blog

States Get Tough on Overregulation, But What about the EPA?

by Bill Kovacs Is tough new action taken by some governors and state legislatures against burdensome and job-killing regulation developing into a trend? Just a few days after Minnesota Governor Mark Dayton signed legislation to accelerate and simplify environmental review and permitting processe

Blog

A Victory for Jobs and Growth in Minnesota

by Bill Kovacs Kudos to Minnesota Governor Mark Dayton for bucking pressure from extreme environmentalists and signing legislation that will cut through the bureaucracy and facilitate the construction of energy and industrial projects that will spur economic growth and job creation. According to a

Blog

Some Clues on Energy in House Budget Vote

This past weekend, the House passed its continuing resolution to fund the government for the remainder of 2011.  Environmental groups promptly declared the end of the world as we know it (here, here, here, here, and here). Obviously, not everyone shares this view.  But instead of focusing on the

Blog

U.S. Chamber: Leading on Emerging and Clean Technologies

The U.S. Chamber believes that economic growth and environmental progress go hand in hand, and that responsible business and environmental leaders can work together to grow our economy and preserve the planet.  For years, the Chamber has aggressively pushed the development and deployment of clean

Blog

The EPA's GHG Tailoring Rule

The U.S. Chamber welcomes exemption of small businesses and farms under the EPA’s proposed Prevention of Significant Deterioration and proposed Title V Greenhouse Gas Tailoring Rule required under the Clean Air Act; common sense prevailed at the EPA and we are thankful. However, we fear this propos

Blog

Transparency, Science and the EPA - Episode Three

Last week the U.S. Chamber followed up our June request to the EPA with a further filing seeking transparency. Today the National Journal asks: "Should the Environmental Protection Agency be required to publicly defend its finding that greenhouse gases endanger public health and welfare?" William

Blog

Hydraulic Fracturing - Laws, Laws Everywhere and Not an Ounce of Sense

by Bill Kovacs It seems as though the number of new and duplicative laws Congress can propose is only limited by its unsteady imagination!  And to think that just a decade or so ago it was common wisdom to believe that “everyone is presumed to know the law.”  Today we have so many new, complex, mind

Blog

An Explosion and/of CO2 Regulation

Warning received via email: For the filming of a TV pilot, there will be a simulated explosion on Wednesday, March 25 between 9:30 a.m. and noon near Key Bridge in the District. The explosion will produce a 20 to 30' fireball that will last for approximately 2 minutes...The explosion will take pla

Blog

Green Jobs Meet Green Tape

The Washington Post ran a story in December, which we posted on, about the role Californians plan to play in creating a new order in Washington. My favorite quote was from Senator Boxer: "It's like the EPA has been asleep for eight years. The Californians are coming to wake the sleeping beauty." A

Blog

Bagging CO2 Emissions

The Wall Street Journal asks "If Bag Fees Won’t Fly, Why Would Cap and Trade?" Consider the fate of plans in bicycle-friendly Portland to slap at least a nickel fee on every plastic grocery bag. The plan has been scrapped because the cost would be too onerous during the economic downturn...Take Ca

Blog

More Regulations, More Cost, No Solution

A joint transportation and environment question from the National Journal: House Energy and Commerce Committee Chairman Henry Waxman, D-Calif., is promising to pass global warming legislation through his panel by Memorial Day. As lawmakers begin to craft a climate change package, how should they d

Blog

Green Jobs for Breakfast

Yesterday morning I appeared on the nationally syndicated public radio program The Diane Rehm Show, to discuss "green jobs" and the economic aspects of environmental policy. Joining me were David Leonhardt of the New York Times, and Bracken Hendricks of the Center for American Progress. What is a g

Blog

Auto-Eco-Devastation

In recent weeks we’ve discussed the impact of the faltering economy on U.S. automakers and parts suppliers, now there are new estimates of the potentially devastating impact on car dealerships. Auditing firm Grant Thornton’s Detroit office predicts that 3,800 of the nation’s 20,000 dealerships woul

Blog

FOIA - Transparency and Accountability

by Bill Kovacs In one of his first acts of office, President Obama directed the U.S. Attorney General and the Director of the Office and Management and Budget to immediately develop the new FOIA guidelines that reflect a profound national commitment to transparency. Improving FIOA as his first orde

Blog

Should Coal Plants Cool It?

Another week another query deftly handled by Bill Kovacs over on the National Journal's Energy and Environment Experts blog: The question from Margaret Kriz: President-elect Obama wants America to "develop and deploy clean coal technologies." To that end, coal companies Arch Coal and Peabody Energ

Blog

Disincentives to Develop New Technologies

In the final entry to my four-part explication of the negative repercussions that will result from the Obama administration’s adoption of the Gang of 31’s proposals, (see one, two, and three) I will briefly discuss the disincentives to the development of new technologies that will inevitably stifle

Blog

The Impact of Climate Change Proposals on Infrastructure

As a continuation of the on-going discussion regarding the negative impact on the nation if the Obama administration adopts the Gang of 31's proposals, I will now address how adoption of their proposals will operate as a de facto moratorium on major construction and infrastructure projects.  This i

Blog

Energy and the Gang of 31

Over on the National Journal Margaret Kriz poses the question: Should Obama Follow Ambitious Recommendations? A coalition of 31 national environmental organizations recently called on President-elect Barack Obama to work with Congress to pass ambitious economy-wide climate change legislation, whil

Blog

It Is Time to Open the Piggybank – the Outer Continental Shelf

As the federal government works feverishly to address our economic crisis the question being repeatedly asked is – where are we going to find the money to pay for cleaning up this mess. Fortunately, there is an answer! It is in the piggybank that the nation has locked up for almost three decades an

Blog

The EPA Tax - In Case You Missed It

The Environmental Protection Agency has issued a proposal which would allow it to regulate greenhouse gases under the Clean Air Act. If adopted, this EPA proposal will impose huge new costs on the American economy. Businesses of every size, including farmers, would be subject to a costly and bureau

Blog

Private Models, Public Pain

Yesterday I sent a comments letter to the Environmental Protection Agency (EPA) detailing the U.S. Chamber's concerns with their Draft Guidance on the Development, Evaluation and Application of Environmental Models.  From the letter:Specifically, the Chamber is concerned about EPA’s guidance concer

Blog

Motorcycles and the Clean Air Act

As posted yesterday, the U.S. Chamber of Commerce strongly opposes the options set forth in the Environmental Protection Agency’s (EPA) Advance Notice of Proposed Rulemaking (ANPR) to regulate greenhouse gases under the existing Clean Air Act (CAA). Today is day two in the EPA's Regulatory Labyrint

Blog

Climate Change - Bring on the Science

Overlawyered has a good summary of a recent discussion of legal consequences for denying the climate-change consensus.  The discussion started with a post by Alex Lockwood who writes from the U.K., which Overlawyered reminds us "lacks our First Amendment."  Lockwood posed the question (hypothetical

Blog

Senate Climate Change Vote a Return to Reality

The Senate took action today to end debate on the Lieberman-Warner-Boxer climate change legislation.  Without a doubt, this was one of the most important votes of the year for American consumers, workers, and businesses.  Anyone opposed to massive tax increases, spikes in gas prices and bloating th

Blog

It’s the Technology, Stupid

This week and next our lawmakers are engaging in a heated debate about showing leadership on climate change.  The debate is now so heated that they forgot they DID show such leadership, nearly three years ago! The Energy Policy Act of 2005 (EPAct05) covered almost every aspect of energy policy, fro

Blog

Regulatory Inefficiency

A few weeks ago we published a chart showing the complexity of near-crippling regulations proposed by the Climate Change Bill.  Well the game of regulatory hide-and-seek continues (we have seen completely different bills at subcommittee, full committee and now the floor) so we have had to issue a r

Blog

Applauding the Farm Bill Veto

With farmers enjoying record crop prices, HR 2419, the "Food, Conservation, and Energy Act of 2008" was an opportunity to modernize the U.S. farm policies and wean farmers from market-distorting subsides.  The last thing we need with food prices increasing is to burden American taxpayers with exces

Blog

The Costs of Doing Business in a Cap-and-Trade World

Yesterday, the U.S. Chamber of Commerce and the National Chamber Foundation held a discussion on "The Costs of Doing Business in a Cap-and-Trade World";  specifically how S. 2191, the "Lieberman-Warner Climate Security Act," would impact the day-to-day operations of American businesses. Proponents

Blog

Opening the Energy Debate

In the day of almost $4 a gallon gasoline prices the U.S. Chamber heartily welcomes the recent introduction of competing energy bills by the Republicans and the Democrats. The discussion over what the nation should do to lower the price of energy is finally joined before Congress and the American p

Blog

Managing a Changing Climate

The U.S. Chamber of Commerce teamed up with the Ohio Climate Change Dialogue Group today to sponsor a statewide conference on climate change in Columbus, Ohio. Thomas J. Donohue, the Chamber’s president and CEO, joined U.S. Senator George Voinovich (R-OH) and top experts in addressing the gathering

Blog

Chamber Hosts Economic Panel on Lieberman-Warner Climate Bill

As part of the Chamber’s semi-annual joint Environment & Energy and Regulatory Affairs committee meeting, the Chamber today hosted a panel discussion to better understand the potential economic impacts of S. 2191, the "Lieberman-Warner Climate Security Act of 2007." As we are headed for a floor vo

Blog

Broadband Nation

In collaboration with the national non-profit Connected Nation, the Chamber announced today the creation of Connect!, a national campaign to promote the importance and benefits of broadband and related technologies. The campaign kicks off with a series of regional dialogues to be held across the Un

Blog

EPA Takes Fair, Equitable Approach on Greenhouse Gas Regulation

Yesterday, EPA Administrator Stephen Johnson decided to issue an Advanced Notice of Proposed Rulemaking (ANPR) for greenhouse gas emissions in response to EPA’s obligations under the Supreme Court case Massachusetts v. EPA.  This is absolutely the right decision, and is the only way to fairly and

Blog

Our Answer on Lieberman/Warner

There have been some questions regarding why the U.S. Chamber opposes Lieberman/Warner, so let me lay it out for everyone. We oppose Lieberman/Warner because it is not well thought out legislation; it will adversely disrupt the economy of the U.S. and concentrations of CO2 will continue to signifi

Blog

Walk the Walk, Don't Just Talk, and Talk, and Talk

Last month Prince Charles appeared via hologram at the World Future Energy Summit in Abu Dhabi.“His appearance was the talk of the 2,500 delegates at the World Future energy summit, most of whom had flown thousands of miles to discuss renewable energy and climate change and how to save emissions”Th

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