Land use regulations “seem to be the bane of their existence.” Shouldn’t they perhaps draw a wider lesson? [Prof. Bainbridge]
P.S. “Also their bane includes the estate tax and attempts in DC to repeal LIFO accounting” [@sggunase]
Chronicling the high cost of our legal system
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Land use regulations “seem to be the bane of their existence.” Shouldn’t they perhaps draw a wider lesson? [Prof. Bainbridge]
P.S. “Also their bane includes the estate tax and attempts in DC to repeal LIFO accounting” [@sggunase]
Back to the gravel walk? A new environmental program pressures populous Maryland counties to levy assessments on property owners based on their square footage of impervious surfaces such as roofs, patios or driveways that prevent rainwater from sinking into the soil [Blair Lee, Gazette; Maryland Reporter; Frederick News-Post; Anne Arundel County]
P.S. While some of the Maryland commentary has treated the idea as new and experimental, thanks to commenters for pointing out that it’s already a familiar part of the scene elsewhere.
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One of Lenore Skenazy’s readers, a kindergarten teacher in Wisconsin, says the list of things not allowed in the classroom without a Material Safety Data Sheet (MSDS) at her school includes dish soap and baby wipes [Free-Range Kids; MSDS for dish soap from lakeland.edu and for baby wipes from schoolhealth.com]
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“[T]here is no reliable evidence that genetically modified foods now on the market pose any risk to consumers,” says an editorial in, of all places, the New York Times. ["Why Label Genetically Engineered Food?"]
And while on the subject of publications outperforming expectations, Slate features a sober look at “cancer clusters,” with George Johnson reviewing a new book on the Toms River, N.J. episode.
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A highly placed Democrat in Sacramento is acknowledging the problems with the state’s environmental-review law, which empowers complainants to stop, slow down or drive up the cost of new development projects. Among those who’ve learned to turn CEQA to their own uses: NIMBY-minded neighbors, business competitors seeking to hobble rivals, and unions looking for a shakedown tool. [Los Angeles Times]
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Report: Rockefeller family foundations have given millions to anti-fossil-fuel activist Bill McKibben [Vivian Krause, Financial Post (Canada)]
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“The Indianapolis Star reports that the Indiana Department of Natural Resources wants to prosecute Jeff and Jennifer Counceller for taking care of an injured deer that showed up on their doorstep.” [CBS Cleveland via Amy Alkon, Dan Mitchell] A while back I wrote about the case in which a Virginia family got in trouble with the feds after their 11-year-old rescued a baby woodpecker in their back yard and cared for it for a day or two before releasing it.
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Media coverage of a new Jonathan Klick-Joshua Wright study has focused mostly on the evidence that reusable grocery bags are high-bacteria environments and likely vectors for foodborne illness, but Robert Anderson notices another striking conclusion: “The authors estimate that the additional deaths from the plastic bag ban value each saved animal at $87,500.” That estimate includes only actual deaths from foodborne illness, and not the cost of nonfatal illnesses. [Witnesseth]
After a thorough scolding by the judge — to say nothing of some of us on the commentary side — the celebrity-friendly environmentalist group is cutting its losses. [DelmarvaNow] An official with the University of Maryland’s environmental law clinic defends the school’s stand here.
I’m in the Baltimore Sun with an op-ed about the University of Maryland’s ill-chosen decision to represent the Waterkeeper Alliance in what was intended to be a landmark environmental case against an Eastern Shore farm family. Earlier here, etc. (& welcome Glenn Reynolds/Instapundit readers)
P.S. Welcome listeners from Baltimore’s WBAL, which had me as a guest Friday afternoon to discuss the suit. Research assistance thanks to Ryan Mulvey, Cato intern.
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On Maryland’s Eastern Shore yesterday, federal judge William Nickerson ruled against a lawsuit alleging that Alan and Kristin Hudson’s family farm and Perdue Inc. violated the federal Clean Water Act. The plaintiffs, the Waterkeeper Alliance led by celebrity environmentalist Robert F. Kennedy Jr., had hoped to establish that big food processors, in this case Perdue, could be held liable for the purported pollution sins of “contract growers” like the Hudson family. Aside from its considerable factual weaknesses, for which the judge criticized the plaintiffs, the case had touched off a furor in Maryland because the University of Maryland law school’s environmental clinic had entered the lists on behalf of Waterkeeper and its long-shot theory; Democratic Gov. Martin O’Malley had sent a critical letter to the university saying it had contributed to an “injustice” against the Hudsons. The university law clinic says it’s reviewing the judge’s order in search of grounds for appeal. [Beth Moszkowicz/Daily Record, Charlene Sharpe/DelmarvaNow, MeatPoultry.com; earlier coverage, CBS Baltimore, Mark Newgent/Red Maryland; Maryland Coast Dispatch; pro-defense SaveFarmFamilies.org; legislative reaction, NLJ and more]
P.S. Don’t miss this from John Steele at Legal Ethics Forum, quoting the judge’s concluding paragraph:
The Court has no disagreement with Plaintiff that the Chesapeake Bay is an important and vital resource, that it is seriously impaired, and that the runoff from factory farms, including poultry operations, may play a significant role in that impairment. Nor does the Court disagree that citizen suits under the Clean Water Act can play a significant role in filling the void where state regulatory agencies are unable or unwilling to take appropriate legal action against offenders. When citizen groups take up that mantle, however, they must do so responsibly and effectively. The Court finds that in this action, for whatever reason, Waterkeeper did not meet that obligation.
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… you’ll probably want to start out as a young natural history collector. But is that still even legal? [Ann Althouse quoting Sir David Attenborough, Independent]