Sunstein's nomination is still held up, do to the persistent fear that he will undermine gun ownership and make it possible for pets to sue their owners.
What is amusing is that it was the left that greeted Sunstein's nomination with dismay,because Sunstein has urged that regulation be done on the basis of a cost/benefit analysis. i.e., when considering a regulation, one must weigh whether the cost imposed by the regulation outweighs the benefit of the regulation. The concern among progressives is that for the last 30 years, cost/benefit analysis has included only direct economic benefit and generally excluded non-economic benefits. As a result, agency use of "cost/benefit," particularly in the environmental sphere, has become a way of eliminating regulation that imposes cost on businesses but where the economic benefits, such as cleaner skies.