OMB Watch has released two reports looking back at the damage done to the regulatory system by the Bush Administration in the last eight years.

The Bush Legacy, crafted by freelance writer and author Osha Gray Davidson, shows that attacks on a variety of common-sense regulations over the past eight years have taken a great toll on the United States and uses clear examples to document a wide range of activities, much of which occurred behind the scenes, away from the eyes of all but the most observant members of the press and the public. The report a pointed assessment of the Bush administration's regulatory record and a call for the incoming Obama administration, the 111th Congress, and the American people to craft workable, effective solutions that will reinvigorate our struggling economy, safeguard our nation's natural beauty, and protect every American's health and safety.

After Midnight, co-authored by OMB Watch and Center for American Progress, dissects the varied impacts of problematic regulations that the Bush administration rushed out in its final months. Many of these "midnight" regulations actually represent deregulatory actions that weaken or eliminate safeguards protecting health, safety, the environment, and the public's general welfare. The Obama administration and new Congress are now faced with the question of how to respond to the Bush administration's midnight regulation, especially the difficult problem of Final rules. Executive branch agencies must conduct an entirely new rulemaking—the legal process by which regulations are made—which often consumes significant time and resources. Congress also can intervene to block or undo midnight regulation. The last option for dealing with midnight regulation is the courts; lawsuits are likely to challenge many of the Bush administration's midnight regulations.

As the Obama administration reverses Bush policies, it also must move forward with a positive regulatory agenda that recognizes a fundamental responsibility to protect the public's health, safety, and general welfare. This will require open and honest assessment of risks, vigorous monitoring and enforcement, and new regulatory protections where there are gaps or where existing protections are not strong enough.

The last eight years have left much work to be done, and OMB Watch will continue to work for a more just and democratic society, one in which an open, responsive government protects people’s health, safety, and well-being, safeguards the environment, honors the public’s right to information, values an engaged and effective citizenry, and adequately invests in the common good.