ADMINISTRATIVE & REGULATORY LAW NEWS![]()
Executive Order Imposes New Analysis RequirementIn late April President Clinton issued Executive Order 13045, which is intended to assure that agency regulations protect children from environmental health and safety risks. If an executive agency develops a regulation concerning an environmental health or safety risk that may disproportionately affect children, the Order requires the agency to include in any analysis conducted under E.O. 12866 an evaluation of the environmental health or safety effects of the planned regulation on children and an explanation of why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the agency. "Environmental health and safety risks" are defined to mean risks to health or to safety that are attributable to products or substances that the child is likely to come in contact with or ingest. The Order is effective with respect to any rulemaking initiated after the Order and to any rule for which the Notice of Proposed Rulemaking is issued more than a year after the Order. The Order indicates that compliance with it is not subject to judicial review. The Order also creates a Cabinet level task force to develop policies and coordinate information gathering and dissemination regarding children's environmental health and safety risks. At the same time, the Order rescinded President Reagan's Executive Order 12606, requiring agencies to assess the impact of their proposed regulations on families and family values.
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