- Almond growing in California is not all that water-intensive compared with other crops. So why does it gets demonized in the name of social justice? [Victor Davis Hanson, Hoover]
- Had unexpected findings of a study on dietary fat and health 40 years ago been fully aired, nutrition policy might have taken different turn [Peter Whoriskey, Washington Post] “Today’s scientific hypotheses may be wrong. Better, then, not to make them law.” [David Boaz, Cato]
- Royal Crown Cola was on its way to becoming one of the great soda companies, then came the cyclamate scare compounded by the irrational Delaney Clause [Mental Floss]
- Jayson Lusk on the economics of food waste;
- “Menu Mandates and Obesity: A Futile Effort” [Aaron Yelowitz, new Cato Policy Analysis, earlier]
- “When an industry demands that the government regulate it more strictly, you usually don’t have to look very far to find a barely-hidden agenda.” [Jesse Walker, Reason on catfish makers]
Billboards in Washington state urging tougher environmental regulations on farmers were funded by (if this still comes as any shock) the federal taxpayers, through a grant program of the U.S. Environmental Protection Agency. And that wasn’t disclosed, although by agency rule it was supposed to be. [Don Jenkins, Capital Press] A few months ago EPA got caught illegally expending tax money to stir up pressure on Congress to support a wider interpretation of its own powers on the “Waters of the United States” rule. More on advocacy funding here.
Related, from way back in 1999, “Smart Growth at the Federal Trough: EPA’s Financing of the Anti-Sprawl Movement” by Peter Samuel and Randal O’Toole, Cato Policy Analysis #361:
The federal government should not subsidize one side of a public policy debate; doing so undermines the very essence of democracy. Nor should government agencies fund nonprofit organizations that exist primarily to lobby other government agencies. Congress should shut down the federal government’s anti-sprawl lobbying activities and resist the temptation to engage in centralized social engineering.
The New York Times in its “Op-Docs: Verbatim” series provides re-enactments of noteworthy real-life exchanges. “In this dramatization of transcripts from a legal deposition, lawyers grapple with a plaintiff’s bizarre testimony about the destruction of his chicken’s pasture.”
A lesson in conservation: wild ginseng, which often grows on parkland, is under pressure due to high demand from overseas, but an expert says “if the Feds try to protect [it] by banning its sale, the black market will swallow the remainder up.” [Clint Rainey, New York mag]
- As intended: union win rate rises sharply under new ambush election rule [Adam Abrahms/Epstein Becker Green, Tim McConville/National Law Review, earlier] Effect on management’s rights of speech [W$J]
- Transparency in public labor agreements is partisan issue in Pennsylvania [Charles Thompson, Harrisburg Patriot-News]
- California agricultural labor board is anything but neutral on United Farm Workers [Katy Grimes, Flash Report via Daily Caller]
- On fast food unionization, it’s just Department of Labor and SEIU, sitting in a tree [Labor Union Report; related, Josh Eidelson/Business Week]
- GOP funding riders would block “activist” NLRB from enforcing slew of new rules [The Hill]
- Depoliticizing the NLRB through administrative steps [Samuel Estreicher, Emory Law Journal via Workplace Prof]
- “In a World Where Talking to Yourself May Now Qualify as ‘Concerted’ Activity…” [Alison Loomis, Seyfarth Shaw]
It’s raining raisin rights! The Supreme Court has ruled 8-1, as a Cato amicus brief had urged, that the Horne family of California have a Fifth Amendment right to compensation for the government’s seizure of half their raisin crop as part of an agricultural marketing order program. Only Justice Sotomayor dissented. There was also a 5-3 split on the question of how compensation should be calculated, with the majority joining Chief Justice Roberts in holding that the Department of Agriculture was bound by its own estimate of the value of the raisins taken. Earlier on Horne v. USDA here.
Robert Thomas at Inverse Condemnation rounds up reactions. Commentary: Ilya Shapiro, Roger Pilon (and earlier on the Magna Carta angle), and Trevor Burrus/Forbes (good news: Court strikes down really awful New Deal farm program. Bad news: it took 80 years), all from Cato; Iain Murray, Ilya Somin. And thanks to Instapundit guestblogger Virginia Postrel for linking to our past coverage.
Yesterday the Supreme Court heard oral argument in Horne v. USDA, with many Justices skeptical of the government’s position that it can seize nearly half of a family’s raisin crop under a USDA program without creating a “taking” for which it would owe just compensation under the Fifth Amendment of the Bill of Rights. Cato filed an amicus brief on behalf of the raisin-farming Horne family, as it had also done at earlier stages of the protracted case [our earlier coverage; my colleague Trevor Burrus’s write-up from March; Damon Root, Reason] And The Daily Show (“raisin outlaw”).
I’ve got a new piece at Reason on how the U.S. Department of Labor stepped over the line when — relying on an obscure “hot goods” provision of the 1938 Fair Labor Standards Act — it slapped an order on two Oregon blueberry growers forbidding them from selling their crop until they settled a (dubious) DoL demand for back pay for workers. Having no choice in this forfeiture-like situation, the growers went along, but when things were brought to a federal court’s attention, the Obama administration got slapped down hard. Further observations at Cato at Liberty.
We mentioned the case in October, and developments last year drew coverage critical of the Administration’s tactics from a Wall Street Journal editorial, Jared Meyer at Economics 21, and George Leef at Forbes. For contrary views, see Catherine Ruckelshaus of the National Employment Law Project in Salon, with typical let-us-reason-together Salon framing (“lies… disingenuous… lost its mind”); Fair Warning; and Sachin Pandya, Workplace Prof. More coverage of the recent settlement and dropping of charges: AP, Oregonian, Fair Warning, and Trey Kovacs/WorkplaceChoice.org. More: Daniel Schwartz noting October 2014 DoL fact sheet.
For a second time, the Supreme Court has agreed to hear a case in which federal agricultural marketing order regulations compelled the Horne family of California to surrender about half their raisin crop for little if any compensation. [Will Baude, Ilya Somin, Michael McConnell] A previous high court ruling had kicked the case back to the Ninth Circuit for further proceedings [earlier here and here.]
Should the Court deem the requisitions a taking for which compensation is due, the implications for other agricultural programs are considerable. “Similar USDA marketing order programs are in place for almonds, apricots, avocados, cherries (both sweet and tart), Florida and Texas citrus, cranberries, dates, grapes, hazelnuts, kiwifruit, olives, many onions and pears, pistachios, California plums and prunes, many potatoes, raisins, spearmint oil, tomatoes, and walnuts.” [Baylen Linnekin]
Also, wouldn’t this make a good illustration?