The 2008 elections are 11 months away, but it’s only natural for political observers to look ahead and notice a certain trend. The narrow Democratic majority in the Senate is poised to get bigger. The same is true of the modest Democratic majority in the House. While there’s plenty of presidential-campaign wrangling left to do, the current landscape seems to suggest a Democratic president will be inaugurated in January 2009.
The result will be a Democratic trifecta for the first time since the 1992 elections. And while that would obviously benefit the country, corporate lobbyists, already depressed about losing a friendly GOP congressional majority, are starting to panic — and get White House help now before it’s too late.
Business lobbyists, nervously anticipating Democratic gains in next year’s elections, are racing to secure final approval for a wide range of health, safety, labor and economic rules, in the belief that they can get better deals from the Bush administration than from its successor.
Hoping to lock in policies backed by a pro-business administration, poultry farmers are seeking an exemption for the smelly fumes produced by tons of chicken manure. Businesses are lobbying the Bush administration to roll back rules that let employees take time off for family needs and medical problems. And electric power companies are pushing the government to relax pollution-control requirements.
“There’s a growing sense, a growing probability, that the next administration could be Democratic,” said Craig L. Fuller, executive vice president of Apco Worldwide, a lobbying and public relations firm, who was a White House official in the Reagan administration. “Corporate executives, trade associations and lobbying firms have begun to recalibrate their strategies.”
Those strategies include “midnight regulations” approved by a president who puts the public’s interests behind those of corporate benefactors.
“But,” you’re thinking, “a Democratic president will be able to set things right come 2009.” Alas, it may not be that simple.
Whoever becomes the next president, Democrat or Republican, will find that it is not so easy to make immediate and sweeping changes. The Supreme Court has held that a new president cannot arbitrarily revoke final regulations that already have the force of law. To undo such rules, a new administration must provide a compelling justification and go through a formal rule-making process, which can take months or years.
So, just what kind of regs are we talking about here?
At the Transportation Department, trucking companies are trying to get final approval for a rule increasing the maximum number of hours commercial truck drivers can work. And automakers are trying to persuade officials to set new standards for the strength of car roofs — standards far less stringent than what consumer advocates say is needed to protect riders in a rollover. […]
At the Interior Department, coal companies are lobbying for a regulation that would allow them to dump rock and dirt from mountaintop mining operations into nearby streams and valleys. […]
A priority for many employers in 2008 is to secure changes in the rules for family and medical leave. Under a 1993 law, people who work for a company with 50 or more employees are generally entitled to 12 weeks of unpaid leave to care for newborn children or sick relatives or to tend to medical problems of their own. The Labor Department has signaled its interest in changes by soliciting public comments…. Debra L. Ness, president of the National Partnership for Women and Families, an advocacy group, said she was “very concerned that the Bush administration will issue new rules that cut back on family and medical leave for those who need it.” […]
The Chamber of Commerce is seeking such changes. “We want to get this done before the election,” Mr. Johnson said. “The next White House may be less hospitable to our position.” […]
The National Chicken Council and the U.S. Poultry and Egg Association have petitioned for an exemption from laws and rules that require them to report emissions of ammonia exceeding 100 pounds a day. […]
On another issue, the Environmental Protection Agency is drafting final rules that would allow utility companies to modify coal-fired power plants and increase their emissions without installing new pollution-control equipment.
Consider this a reminder of why it’s important to vote Democratic next year.