Posts Tagged ‘CPSC’

April 6 roundup

  • Do lawyers find ways to litigate over the effects of the leap day, Feb. 29, that is inserted into the calendar every four years? Glad you asked [Kyle White, Abnormal Use]
  • Weren’t regulations supposed to have fixed this, or is it that accommodation rules for air transport are legally separate from those for ordinary commerce? “More flights seeing odd animals as emotional support companions” [WHIO]
  • Tiny desk and art magnets: Zen Magnets wins partial but important legal victory against Consumer Product Safety Commission (CPSC) [Zen Magnets, Nancy Nord, earlier]
  • Federal government, which has passed no law on private-sector LGBT bias, considers withholding funds to punish North Carolina for declining to have one [New York Times; earlier on Obama EEOC’s wishful effort to generate such coverage through reinterpretation of other law]
  • Spirit of trade barriers: Nevada workers walk off job to protest use of workers from other U.S. states [Alex Tabarrok] Expansion of foreign trade “has revealed, not created, problems in the American economy” [Scott Lincicome] More: “Limiting trade with low-wage countries as severely as Sanders wants to would hurt the very poorest people on Earth. A lot.” [Zack Beauchamp, Vox; related Jordan Weissmann, Slate (what Sanders told NYDN “should be absolutely chilling to the developing world… inhumane”)]
  • Latest ICWA (Indian Child Welfare Act) cause célèbre is over 6-year-old Lexi, whose world is getting upended because of her 1.5% Choctaw descent (a great-great-great-great grandparent on her father’s side) [Christina Sandefur/Federalist Society blog, Naomi Schaefer Riley, New York Post earlier generally on ICWA and in my writing at Reason and Cato on the Adoptive Couple case]

Environment roundup

  • Safe Drinking Water Act along with other federal laws helped scare consumers away from public fountains and tap water, with unintended bad consequences for health and the environment [Kendra Pierre-Louis, Washington Post]
  • Austin, Tex. ban on plastic bags isn’t working out as intended [Adam Minter, Bloomberg View]
  • After BP’s $18.7 billion settlement with five Gulf states, here come huge private lawyer paydays [Louisiana Record]
  • Energy efficiency in durable goods: mandates “based on weak or nonexistent evidence of consumer irrationality” with government itself hardly free of behavioral biases [Tyler Cowen]
  • “How Trophy Hunting Can Save Lions” [Terry Anderson and Shawn Regan, PERC/WSJ]
  • CPSC’s hard line on CPSIA testing of natural materials in toys based on “precautionary principle run amuck” [Nancy Nord]
  • Is the ideal of sustainability one we ultimately owe to hunter-gatherers? [Arnold Kling]

May 27 roundup

  • All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine]
  • National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann]
  • Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” [Pierre Lemieux]
  • Court blasts Morrison Foerster for ‘nonsensical’ legal theories and ‘carnival fun house’ arguments [ABA Journal]
  • “Trolls aren’t the primary problem with the patent system. They’re just the problem Congress is willing to fix.” [Timothy Lee, Vox] What makes you think lawyers and rent-seekers aren’t going to turn “patent reform” to their own purposes? [Mark Mills]
  • “It only goes that one direction, too.” Rachel Maddow recognizes the fairness problem with one-way fee shifting, this one time [Huffington Post on pro-defendant Colorado firearms law]
  • CPSC still going after Zen Magnets, which isn’t backing down [Nancy Nord, earlier]

April 22 roundup

CPSC in a tangle

The dauntless Consumer Product Safety Commission (CPSC) aims its recall powers at the menace of yarn. “No injuries have been reported.” [Lenore Skenazy, Nancy Nord (“turning a quality problem into a safety issue takes the agency way outside its mandate”]

March 18 roundup

  • “The FAA Says You Can’t Post Drone Videos on YouTube” [Vice] Agency rethinking position following outcry? [Photography Is Not a Crime]
  • Rep. Jackie Speier (D-Calif.) proposes bill directing Consumer Product Safety Commission (CPSC) to issue safety rules for detergent pods [Paula Bolyard, Heartland, quotes me; earlier] Bonus: Lenore Skenazy on CPSC zipper hooded sweatshirt recall;
  • New Jersey high court — Gov. Christie’s appointees included — will now take over direct enforcement of court’s previous decisions (“Mount Laurel”) requiring towns to adopt low-income housing quotas [Bergen County Record, earlier]
  • Bureau of Indian Affairs revises federal guidelines on Indian Child Welfare Act, and a nonprofit group of adoption attorneys says that not only were it and other stakeholder groups not consulted, but “entire sections” of the revision “completely disregard the best interest of children,” something ICWA alas encourages by its text [American Academy of Adoption Attorneys, earlier]
  • Should winning class action plaintiff lawyers be able to mark up their expenses, such as photocopying, as two law professors propose? [Andrew Trask last year]
  • “Attorney who appeared in more than 3,000 asbestos cases disbarred … ‘Excuse Man’ also loses license” [Chamber-backed Madison-St. Clair Record]
  • If you see an online ad for $199 divorce, maybe think twice before giving them your debit card info over the phone [KTVK, Phoenix]

Holiday lights get much safer; CPSC pushes ahead with regs anyway

According to an account in The Hill last month, “the number of deaths caused by Christmas lights has declined to about one person each year from a high of 13 people each year in the early 1990s.” That might seem like an encouraging record, leaving what might seem a low residual risk considering the millions of households that decorate with seasonal lights, but the Consumer Product Safety Commission (CPSC) is moving ahead with expensive regulations anyway [Hannah Yang, Heartland]. I’m quoted:

The CPSC’s filing notes that less than one percent of holiday lights affected by the rule have been determined to contain defects, as “voluntary conformance” with industry standards is nearly universal.

Walter Olson, a senior fellow at the Cato Institute’s Center for Constitutional Studies, criticized the new rules against cheery Christmas lights, explaining “the CPSC—like other agencies—has an interest in justifying its own existence.”…

“They’ve become somewhat truculent from all the criticism,” he said, adding that CPSC actions and regulations often seem to be intended to send a message of “‘see how much you laugh when we send our lawyers after you.’ …As we know from other CPSC regulations, it can be quite expensive to comply with a CPSC rule, even if your product is not in violation.”

Earlier on holiday lights here and here.