Posts tagged as:

Environmental Protection Agency

EPA regional administrator Al “crucify them” Armendariz [Heritage "Foundry," Christopher Helman/Forbes]

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April 3 roundup

by Walter Olson on April 3, 2012

  • In time for Easter: egg prices soar in Europe under new hen-caging rules [AP]
  • For third time, the Environmental Protection Agency backtracks on claims of harm from gas “fracking” [Adler; U. Texas study on drinking water safety, CBS Dallas] Yes, there’s a plaintiff’s lawyer angle [David Oliver] Don Elliott, former EPA general counsel, on why his old agency needs cutting [Atlantic] Blow out your candles, coal industry, and so good-bye [Pat Michaels/Cato, Shikha Dalmia]
  • Following the mad logic wherever it leads: “State Legislators Propose Mandatory Drug Testing of Judges and Other State Officials” [ABA Journal]
  • Proposal: henceforth no law may run to greater length than Rep. Conyers’s copy of Playboy [Mark Steyn]
  • Creative American lawyers: “Carnival cruise ship briefly seized in Texas” [AP]
  • “Overlawyered” is the title of a new commentary in The New Yorker, not related to a certain website [Kelefa Sanneh]
  • Repressive Connecticut “cyber-harassment” bill [Volokh, Greenfield, Popehat] And now, not to be outdone, Arizona… [Volokh]

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March 13 roundup

by Walter Olson on March 13, 2012

  • “Are Courts Dragging Out the Housing Crisis?” [Mark Calabria, Cato] “Boom-Era Property Speculators to Get Foreclosure Aid” [Bloomberg News via Bader, CEI] Community organizing groups expect to cash in on state AGs’ robosigning settlement [Neil Munro, Daily Caller, earlier] As does NAAG itself [Daniel Fisher] More: Kevin Funnell.
  • “Non-standard explanation offered for bugging wife’s bedroom” [Lowering the Bar]
  • Chris DeMuth on James Q. Wilson [Weekly Standard, earlier] I wrote about Wilson’s work on at least two occasions: the Baltimore Sun had me review a book of his on “abuse excuses” and other difficulties of psychiatric testimony in court, a good book if a mere foothill in the mountain range of his overall scholarship; on another occasion in Reason I challenged his uncharacteristic backing of a “family policy” proposal ripe with potential for unintended consequences;
  • Boston city councilor: make valet kid at restaurant responsible if patron drives off drunk [NPR via Alkon]
  • “Texas is being stiff armed by the EPA at every turn” [Munro/DC quoting Texas attorney general Greg Abbott] NYT’s “modest” offshore drilling restrictions: “I hate to think what immodest restrictions would look like” [John Steele Gordon]
  • “The Southern Poverty Law Center Is Now Writing About Pickup Artists as Hate Groups” [Mike Riggs]
  • SFO rental car garage offers a whiff of Prop 65 absurdity [Stoll]

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January 28 roundup

by Walter Olson on January 28, 2012

Environmental law roundup

by Walter Olson on December 16, 2011

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November 26 roundup

by Walter Olson on November 26, 2011

  • “Ohio Attorney Sues Over Misleading Emails, Even Though He Wasn’t Misled” [Chris Danzig, Above the Law]
  • Feds say new EPA-ordered fuel economy standards could add $2000 to price of new car [C.J. Ciamarella, Daily Caller] More: WSJ.
  • Las Vegas considers following Chicago’s lenders-must-cut-grass folly [Kevin Funnell, earlier] “The Fed actually does impose, via legal risk, a de facto ceiling on mortgage rates.” [Mark Calabria, Cato]
  • 2nd Circuit: Prison Litigation Reform Act curbs attorney fee shift at 150% of cash won, and yes, that applies to a $1 award [PoL] Panel on attorneys’ fees in class actions at Federalist Society convention [video, PoL]
  • John McClaughry reviews Reckless Endangerment, Morgenson/Rosner book on financial crisis [Reason]
  • Daniel Hannan on John Fonte’s new book on transnational law, Sovereignty or Submission [Telegraph, and see chapters 11-12 of Schools for Misrule] International human rights activism pushes into “economic rights” [James P. Kelly III, Federalist Society "Engage"] NGOs exercise oft-envied combination of power without responsibility [Anderson] UK attorney general Dominic Grieve takes on the European court of human rights [Joshua Rozenberg, Guardian] UN battle plan on non-communicable diseases aims to save us from ourselves;
  • Sans statutory authority, EPA wanders into “environmental justice” [PowerLine]

Farm dust makes EPA blink

by Walter Olson on October 18, 2011

My new post at Cato at Liberty examines the latest EPA about-face following pushback against its ambitious regulatory schemes. Alarms by farmer and rancher interests over EPA’s proposed curbs on dust in the atmosphere had led to ongoing political headaches for President Obama and Senate Democrats. More: Politico; Robert VerBruggen/NRO and more; welcome Neal Boortz readers.

Louisiana plant manager Hubert Vidrine has won a rare $1.7 million verdict against the federal Environmental Protection Agency (EPA) for malicious prosecution, with a judge lambasting EPA’s enforcement apparatus for “reckless and callous disregard” of Vidrine’s rights. Agency defenders say it was an isolated case of a rogue agent, a proposition I examine in my latest Cato post. More: Orin Kerr, Volokh.

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October 3 roundup

by Walter Olson on October 3, 2011

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My newest Cato at Liberty post raises an eyebrow at some remarkably cynical calculations — who’s making them isn’t entirely clear — about a recent Obama administration backtrack on environmental initiatives (& welcome Neal Boortz readers). More: ShopFloor (Texas power plants).

July 15 roundup

by Walter Olson on July 15, 2011

I’ve got a new post up at Cato at Liberty about the convenient symbiosis between the EPA and advocacy groups it funds that sue it demanding that it regulate new things. “Sweetheart” or otherwise, the resulting legal actions help deploy taxpayers’ money in service of the relentless expansion of the regulatory state. More: Bader.

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When regulation bites

by Walter Olson on July 2, 2011

The EPA may face escalating pressure to un-ban some pesticides effective against bedbugs [Michelle Minton, CEI]

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The EPA has finally backed off its contention that dairy operations need to construct elaborate retention structures to prevent milk spills, even though (to cite its previous logic) milk contains oils and thus could be considered an “oil discharge.” ["Spill Prevention, Control, and Countermeasure (SPCC) Rule and Milk," EPA, reporting on April 12 move; earlier here and here]

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February 5 roundup

by Walter Olson on February 5, 2011

  • Thomas Sowell on EPA dairy-spill regulations [NRO, earlier at Cato here and here] It’s the miracle federal agency: “What doesn’t the EPA do?” [ShopFloor]
  • President’s State of the Union medical malpractice gesture, cont’d [PoL, more, Ted Frank/Examiner, NJLRA, related, earlier here, here, here, here, here, here, here, etc.]
  • Fired minor-league Yankees mascot files wage-hour suit [ESPN]
  • Ohio sheriff prepares criminal complaint against reporter for asking him questions [WHIO via Balko]
  • It all happened so suddenly: Henry Waxman now disapproves of the use of subpoenas for fishing expeditions [Mark Tapscott, Examiner; earlier]
  • Should hospitals ban cameras from childbirth? [NYT "Room for Debate" with contribution from Jim Harper, Cato Institute]
  • Non-”flagrant” trespassing OK? Tort liability shift in Third Restatement [PoL]
  • Nope: “At this time, I would like to formally accuse Walter Olson of having an intern or something.” [Ron Miller]

January 24 roundup

by Walter Olson on January 24, 2011

  • Trouble with hunting bad/burdensome regulations: most of them have entrenched advocates [NY Times] “Obama — the Great Deregulator?” [Jeff Jacoby, Boston Globe]. Earlier here and here;
  • Now we find out: tax hikes on outsourcing in 9/11 compensation bill infuriate India, were never vetted by Hill tax panels [PoL; more on Easter eggs in bill] Law firm that advertises for 9/11 dust clients is fan of Sen. Gillibrand [Stoll]
  • France will stop censoring some historical images of smokers in ads [NY Times]
  • “2010: The Year of the Angry, Company-Suing Plaintiff” [WSJ Law Blog] “The most sued companies in America” [Fox Business, counting federal-court suits only]
  • Death by drunk driving: As bad as purposeful murder? Worse? [Greenfield]
  • EPA gets specific on its plans to advance “environmental justice,” combat disparate racial impact in project siting, etc. [WLF, Popeo, earlier here, here, here, etc.]
  • Winners of Chamber’s “Most Ridiculous Lawsuits of 2010″ competition [US Chamber ILR]
  • “If the FCC had regulated the Internet” [Jack Shafer, Slate]

I’ve got a post up at Cato at Liberty expressing some doubts about the President’s new talk of smarter regulation. Stuart Shapiro points out that the “only truly new thing in” the regulatory reform package, the greater publicity that will be given to enforcement records, “could be somewhat revolutionary in its ability to force regulatory compliance.” From a perspective diametrically opposed to mine, Rena Steinzor confirms that the only example Obama gave of actual excessive regulation reversed on his watch — the former classification of saccharin as hazardous waste — is of at most trivial significance (& welcome Matthew Continetti/Weekly Standard, Frum Forum, Aaron @ Patterico, Point of Law, AllahPundit, ShopFloor readers).

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And a choice quote (New York Times via Taranto) on how the legal system disposes of it all:

“If the administration gets it wrong, we’re looking at years of litigation, legislation and public and business outcry,” said a senior administration official who asked not to be identified so as not to provide an easy target for the incoming Republicans. “If we get it right, we’re facing the same thing.”

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