Policy Surveillance on the Impact of Bush's Executive Order 13211 (Requiring Preparation of a Statement of Energy Effects as a Condition to Federal Action) on Environmental and Public Health Policy

While debate occurs regarding the Halliburton loophole of the Energy Policy Act of 2005, we examined a lesser-known initiative. Executive Order (EO) 13211 (aka, Actions Concerning Regulations that Significantly Affect Energy Supply Distribution & Use) requires federal agencies to prepare a “Statements of Energy Effects” (SEE) for OMB, who outlines nine outcomes that may constitute “a significant adverse effect.” A summary of SEE findings must be included in federal agency proposed and final rulemaking notices.

We used principles of legal epidemiology following PHLR policy surveillance protocols to examine the impact of EO 13211 on public health law (including environmental laws and regulation). We began by collecting documents referencing EO 131211 using LEXIS and Regulations.gov. In the initial examination we took a random sampling across all agencies (from the promulgation of EO13211 until February 1, 2014) and reviewed every tenth document against preset codes using LawAtlas WorkBench. Coders crosschecked each other’s work to determine consistency.  Next, we evaluated the actions of US EPA, US DOI and USCG from February 1, 2014 through February 1, 2015 to consider how EO13211 impacted specifically environmental regulation. Our review concluded that there was no evidence that EO 131211 had altered proposed environmental or health regulations. Across the board, federal agencies treated the SEE as boilerplate needed complete OMB review.