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Business lobbyists push agenda before 2008 elections

Many anticipate Democratic gains

WASHINGTON - 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 probusiness 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."

The Federal Register typically grows fat with regulations churned out in the final weeks of any administration. But the push for such rules has become unusually intense because of the possibility that Democrats in 2009 may consolidate control of the White House, the Senate, and the House of Representatives for the first time in 14 years.

Even as they try to shape pending regulations, business lobbyists are also looking beyond President Bush. Corporations and trade associations are recruiting Democratic lobbyists. And lobbyists, expecting battles over taxes and healthcare in 2009, are pouring money into the campaigns of Democratic candidates for Congress and the White House.

Randel K. Johnson, a vice president of the US Chamber of Commerce, said, "I am beefing up my staff, putting more money aside for economic analysis of regulations that I foresee coming out of a possible new Democratic administration."

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.

Business groups generally argue that federal regulations are onerous and needlessly add costs that are passed on to consumers, while their opponents accuse them of trying to whittle down regulations that are vital to safety and quality of life. Documents on file at several agencies show that business groups have stepped up lobbying in recent months, as they try to help the Bush administration finish work on rules that have been hotly debated and, in some cases, litigated for years.

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. It would be prohibitively expensive to haul away the material, they say, and there are no waste sites in the area. L

uke Popovich, a vice president of the National Mining Association, said that a Democratic president was more likely to side with "the greens."

A coalition of environmental groups has condemned the proposed rule, saying it would accelerate "the destruction of mountains, forests and streams throughout Appalachia."

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.

The National Association of Manufacturers said the law had been widely abused and had caused "a staggering loss of work hours" as employees took unscheduled, intermittent time off for health conditions that could not be verified.

The use of such leave time tends to rise sharply before holiday weekends, on the day after Super Bowl Sunday, and on the first day of the local hunting season, employers said.

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."

That could be done, for example, by narrowing the definition of a "serious health condition" or by establishing stricter requirements for taking intermittent leave for chronic conditions that flare up unexpectedly.

The Chamber of Commerce is seeking such changes. "We want to get this done before the election," Johnson said. "The next White House may be less hospitable to our position."

Indeed, most of the Democratic candidates for president have offered proposals to expand the 1993 law, to provide paid leave and to cover millions of additional workers.

Some of the biggest battles now involve rules affecting the quality of air, water, and soil. 

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