573 Days Later, Whale Protection Rule Clears White House

The White House has finally given approval to a rule that would protect the North Atlantic right whale, one of the planet's most critically endangered marine species.

Last Monday, September 15, OMB's Office of Information and Regulatory Affairs — the White House office in charge of reviewing and editing new regulations — approved the rule "consistent with change" (its most common designation for rules it has reviewed). OIRA had been reviewing the rule since Feb. 20, 2007. Since agencies cannot go forward without OIRA's blessing, the National Oceanic and Atmospheric Administration has been unable to make substantive progress on the rule for more than one-and-a-half years.

According to the executive order that governs the OIRA review process, OIRA has 90 days to review agency proposals. OIRA, in consultation with the agency, may extend the period once by 30 days. So, under the White House's own rules, OIRA is not supposed to hold up rules for more than 120 days.

OIRA reviewed the right whale rule for 573 days.