Overlawyered » Prop 65 http://overlawyered.com Chronicling the high cost of our legal system Thu, 30 Jul 2015 04:15:38 +0000 en-US hourly 1 http://wordpress.org/?v=4.2.2 Environment roundup http://overlawyered.com/2015/06/environment-roundup-20/ http://overlawyered.com/2015/06/environment-roundup-20/#comments Mon, 29 Jun 2015 04:05:50 +0000 http://overlawyered.com/?p=53827 Natural experiment in greater Dallas area on whether fracking is good for local land values or not [Peter Van Doren, Cato] Inclusionary zoning drives up housing costs, allowing greater density would be better way to serve interests of poor [Scott Beyer] “The ‘Plan Bay Area’: Restricting Housing Development Isn’t Reform” [Jonathan Wood and Randal O’Toole, […]

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  • Natural experiment in greater Dallas area on whether fracking is good for local land values or not [Peter Van Doren, Cato]
  • Inclusionary zoning drives up housing costs, allowing greater density would be better way to serve interests of poor [Scott Beyer] “The ‘Plan Bay Area’: Restricting Housing Development Isn’t Reform” [Jonathan Wood and Randal O’Toole, Forbes/Cato]
  • “Poorly argued, destructive in intent”: Vatican’s eco-encyclical is old nonsense in green new garb [Andrew Stuttaford, Secular Right]
  • “Lion hunters warn U.S. conservation rules could backfire” [Helen Nyambura-Mwaura, Reuters]
  • California’s notorious Prop 65: any hope for reform? [Cal Biz Lit, more]
  • Citizen suits and consent decrees: in New England, “Conservation Law Foundation wields tremendous power” [Peter Ubertaccio, WGBH]
  • “EPA Shifts its Legally Suspect ‘Environmental Justice’ Agenda into Higher Gear” [Glenn Lammi, WLF]
  • Breaking: Supreme Court rules 5-4 against EPA on Clean Air Act power plant emissions rule [CNN, Michigan v. EPA, Daniel Fisher, Andrew Grossman]
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    Environment roundup http://overlawyered.com/2015/01/environment-roundup-15/ http://overlawyered.com/2015/01/environment-roundup-15/#comments Fri, 30 Jan 2015 05:05:01 +0000 http://overlawyered.com/?p=50363 Price of California eggs soars following animal-rights measure [WSJ via Michael Greve] “An Orangutan Has (Some) Human Rights, Argentine Court Rules” [Brandon Keim, Wired via Althouse, related U.S.] Trees cut down by utility “are priceless — each one I could value at $100K,” Fieger said” [Detroit Free Press via @jamestaranto, more on Geoffrey Fieger; henceforth […]

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  • Price of California eggs soars following animal-rights measure [WSJ via Michael Greve] “An Orangutan Has (Some) Human Rights, Argentine Court Rules” [Brandon Keim, Wired via Althouse, related U.S.]
  • Trees cut down by utility “are priceless — each one I could value at $100K,” Fieger said” [Detroit Free Press via @jamestaranto, more on Geoffrey Fieger; henceforth sums of $100,000 will be known as “one Fieger-tree”]
  • As New Englanders struggle with energy costs, pols kill the gas pipelines that could bring relief [Urbanophile]
  • Power-plant regs from EPA, based on flimsy science, show “federal agency twisting statutory language to aggrandize its own power.” [Andrew Grossman; Cato brief in Michigan v. EPA]
  • California state agency proposes regulations purportedly easing burdens of notorious Prop 65 warning law [Cal Biz Lit]
  • “When I got there, there were people in SWAT attire that evacuated our entire factory.” [Chamber’s Faces of Lawsuit Abuse on Gibson Guitar raid]
  • Would a minimalist state funded by Pigouvian taxes run a budget surplus? [Bryan Caplan]
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    Environmental and property rights roundup http://overlawyered.com/2014/12/environmental-roundup-14/ http://overlawyered.com/2014/12/environmental-roundup-14/#comments Tue, 09 Dec 2014 05:05:43 +0000 http://overlawyered.com/?p=49807 “An Innovative Way to Title Property in Poor Countries” [Ian Vasquez on Peter Schaefer and Clay Schaefer Cato study] Berman v. Parker, “1954 U.S. Supreme Court case that approved large-scale modern urban renewal”, facilitated a bulldozer redevelopment of Washington, D.C.’s SW now viewed as “crushing failure” [Gideon Kanner] Time for a radical step: strip local […]

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  • “An Innovative Way to Title Property in Poor Countries” [Ian Vasquez on Peter Schaefer and Clay Schaefer Cato study]
  • Berman v. Parker, “1954 U.S. Supreme Court case that approved large-scale modern urban renewal”, facilitated a bulldozer redevelopment of Washington, D.C.’s SW now viewed as “crushing failure” [Gideon Kanner]
  • Time for a radical step: strip local government of its project-blocking powers [Edward Glaeser, Cato]
  • When reporting on European anti-fracking movements, try not to think of a Bear [Jonathan Adler]
  • “The EPA wants to redefine ‘the waters of the United States’ to mean virtually any wet spot in the country.” [M. Reed Hopper and Todd Gaziano, WSJ] Overcriminalization, EPA, and wetlands: the Jack Barron case [Right on Crime video]
  • Exhaustion of state remedies on takings: “Supreme Court Should Remove Kafka-esque Burden to Vindicating Property Rights” [Ilya Shapiro and Trevor Burrus]
  • “Proposition 65 can spell bankruptcy for many California small business owners” [Mark Snyder, Sacramento Bee]
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    September 16 roundup http://overlawyered.com/2014/09/september-16-roundup-2/ http://overlawyered.com/2014/09/september-16-roundup-2/#comments Tue, 16 Sep 2014 04:05:04 +0000 http://overlawyered.com/?p=47788 “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord] State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal] “Still can’t get over the fact that all [development] […]

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  • “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord]
  • State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal]
  • “Still can’t get over the fact that all [development] permits are discretionary in San Francisco” [@TonyBiasotti linking Mark Hogan, Boom]
  • How would American politics change if political parties could expel members, as in many countries they can? [Bryan Caplan]
  • Defenders of Wisconsin John Doe prosecutor push back against Stuart Taylor investigation [Daniel Bice, Milwaukee Journal-Sentinel via Althouse, more, related on “blue fist” posters and John Doe investigator, earlier]
  • “In Britain, Child’s Weight Leads to Parents’ Arrest” [New York Times in June, King’s Lynn 11-year-old; also, Cadbury agrees to “stop making chocolate bars in Britain with more than 250 calories”] More: Pencil-twirling in class leads to CPS referral in New Jersey [Katherine Mangu-War, Reason]
  • Should there be judicial remedies — what kind, and for which plaintiffs — when federal spending is politicized? [Daniel Epstein, Federalist Society “Engage”]
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    Environment roundup http://overlawyered.com/2014/06/environment-roundup-12/ http://overlawyered.com/2014/06/environment-roundup-12/#comments Wed, 18 Jun 2014 04:05:07 +0000 http://overlawyered.com/?p=46266 Coming to other towns soon: new stormwater regs ban car wash fundraisers at schools in Arlington, Va. [ArlNow] Krugman hides the ball on coal-fired utility regs [David Henderson] Coming in September: book on Chevron/Ecuador case by Bloomberg BusinessWeek’s Paul M. Barrett [Business Roundtable] Simplified narrative of “business versus environmental regulation” obscures so much [Tim Carney, […]

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  • Coming to other towns soon: new stormwater regs ban car wash fundraisers at schools in Arlington, Va. [ArlNow]
  • Krugman hides the ball on coal-fired utility regs [David Henderson]
  • Coming in September: book on Chevron/Ecuador case by Bloomberg BusinessWeek’s Paul M. Barrett [Business Roundtable]
  • Simplified narrative of “business versus environmental regulation” obscures so much [Tim Carney, Washington Examiner]
  • Environmental disclosure panel from Vermont Law School “Disclosure Debates” [video, summary by Caitlin Stanton for VLR’s Environmental Health, links to all videos, background]
  • California: “Attorney General Posts 2013 Proposition 65 Settlement Numbers” [Cal Biz Lit]
  • “Silent Spring at 50: The False Crises of Rachel Carson” [Cato panel with Andrew Morriss, Richard Tren]
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    Environmental roundup http://overlawyered.com/2014/05/environmental-roundup-11/ http://overlawyered.com/2014/05/environmental-roundup-11/#comments Thu, 01 May 2014 04:05:33 +0000 http://overlawyered.com/?p=44967 “A Poster Child for Overcriminalization: The History of the Lacey Act” [Jarrett Dieterle/Point of Law; earlier] “Strict Obama administration ivory ban infuriates musicians” [Bluegrass Nation/Daily Caller] California business didn’t think nutty Prop 65 warning regime could get worse, Brown administration might prove them wrong [Michael Feeley et al., JD Supra] “We’re definitely asking a judge […]

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  • “A Poster Child for Overcriminalization: The History of the Lacey Act” [Jarrett Dieterle/Point of Law; earlier] “Strict Obama administration ivory ban infuriates musicians” [Bluegrass Nation/Daily Caller]
  • California business didn’t think nutty Prop 65 warning regime could get worse, Brown administration might prove them wrong [Michael Feeley et al., JD Supra]
  • “We’re definitely asking a judge to make a leap of faith here”: profile of Steven Wise, who files suits on behalf of chimps and other non-human “plaintiffs” [New York Times Magazine, earlier on Wise]
  • Quin Hillyer gives thumbs down to Louisiana coastal wetlands suit [Baton Rouge Advocate, earlier]
  • James Huffman on the public trust doctrine [Hoover]
  • John Steele Gordon on California drought [Commentary]
  • “It’s easier to engage and organize people around ‘fracking’ than a complicated list of practices.” [L.A. Business Journal]
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    March 27 roundup http://overlawyered.com/2014/03/march-7-roundup-3/ http://overlawyered.com/2014/03/march-7-roundup-3/#comments Thu, 27 Mar 2014 04:05:36 +0000 http://overlawyered.com/?p=43923 “Stupid Warning Shows Up on Leprechaun Hat” [Lowering the Bar, California Prop 65] Lawyers eager to sue over Malaysia Air disaster but first someone has to find the plane [ABA Journal, Bloomberg] Among the many accomplishments of distinguished economist (and total mensch) Murray Weidenbaum: introduction of White House regulatory review [Thom Lambert, David Henderson, Russ […]

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  • “Stupid Warning Shows Up on Leprechaun Hat” [Lowering the Bar, California Prop 65]
  • Lawyers eager to sue over Malaysia Air disaster but first someone has to find the plane [ABA Journal, Bloomberg]
  • Among the many accomplishments of distinguished economist (and total mensch) Murray Weidenbaum: introduction of White House regulatory review [Thom Lambert, David Henderson, Russ Roberts]
  • Quicker but not ultimately cheaper than an appeal: “Losing Plaintiff Hits Defendant With a Truck” [Lowering the Bar]
  • Feds’ Dietary Guidelines Advisory Committee (DGAC) mulls idea “that the government involve itself in the lives of obese people by sending them regular text messages.” [Baylen Linnekin]
  • Posner: judge below “should have smelled a rat” on lawyer’s “shenanigans” [Alison Frankel/Reuters, ABA Journal]
  • “Connecticut chimp attack victim seeks right to sue state” [Reuters, earlier]
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    Environmental roundup http://overlawyered.com/2014/01/environmental-roundup-9/ http://overlawyered.com/2014/01/environmental-roundup-9/#comments Fri, 31 Jan 2014 05:05:35 +0000 http://overlawyered.com/?p=43545 Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell] Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ] “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist] Eminent domain threatens store owner in Fire […]

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  • Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell]
  • Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ]
  • “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist]
  • Eminent domain threatens store owner in Fire Island’s Saltaire [NYP]
  • In case you haven’t seen this one: chemical content of all-natural foods [James Kennedy Monash]
  • “The court ordered that the county pay the turtles’ attorneys fees.” [Dan Lewis, Now I Know]
  • “On the government’s books, the switch [from steel to aluminum in Ford’s new F-150 pickup] is a winner because MPG goes up.” [William Baldwin, Forbes]
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    Environmental roundup http://overlawyered.com/2013/10/environmental-roundup-5/ http://overlawyered.com/2013/10/environmental-roundup-5/#comments Fri, 11 Oct 2013 04:05:25 +0000 http://overlawyered.com/?p=41181 California: “Governor [Brown] signs Prop. 65 toxic chemical warning reform” [Sacramento Business Journal] What finally passed was a minuscule tweak mostly aimed at the law’s application to food and alcohol [Bruce Nye, Cal Biz Lit] Court helps in baby food case [JD Supra] “Taxpayer-Funded Journal Walks Back BPA Cancer Claim After Statistical Meltdown” [Trevor Butterworth] […]

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  • California: “Governor [Brown] signs Prop. 65 toxic chemical warning reform” [Sacramento Business Journal] What finally passed was a minuscule tweak mostly aimed at the law’s application to food and alcohol [Bruce Nye, Cal Biz Lit] Court helps in baby food case [JD Supra]
  • “Taxpayer-Funded Journal Walks Back BPA Cancer Claim After Statistical Meltdown” [Trevor Butterworth]
  • Recalling when the federal government (along with the Ford and Rockefeller Foundations] funded an attack on the Fifth Amendment’s Takings Clause [Gideon Kanner, more]
  • CEQA reform [Calif. enviro review] in baby steps at most for now [SF Chronicle, Mercury News, L.A. StreetsBlog, Daily News, PublicCEO, Planetizen]
  • Under decisions by the CPSC interpreting CPSIA, you’re probably not going to be able to make your product for kids out of recycled materials [Nancy Nord]
  • “EPA Fares Well in D.C. Circuit” [Adler]
  • Mandatory labeling of genetically modified foods are a bad idea [not just me saying that, but Scientific American editors; earlier]
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    “Five train wrecks of information disclosure law” http://overlawyered.com/2013/09/five-train-wrecks-information-disclosure-law/ http://overlawyered.com/2013/09/five-train-wrecks-information-disclosure-law/#comments Mon, 30 Sep 2013 04:15:56 +0000 http://overlawyered.com/?p=41668 That was the title of the talk I gave Friday at a panel on food and product labeling law as part of a stimulating symposium put on by the Vermont Law Review at Vermont Law School in South Royalton, Vt. I drew on a number of different sources, but especially two relatively recent articles: Omri […]

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    That was the title of the talk I gave Friday at a panel on food and product labeling law as part of a stimulating symposium put on by the Vermont Law Review at Vermont Law School in South Royalton, Vt. I drew on a number of different sources, but especially two relatively recent articles: Omri Ben-Shahar and Curt Schneider, “The Failure of Mandated Disclosure,” U. Penn. Law Review (2011), and Kesten C. Green and J. Scott Armstrong, “Evidence on the Effects of Mandatory Disclaimers in Advertising”, Journal of Public Policy and Marketing, Fall 2012. I was able to bring in examples ranging from patent marking law to Prop 65 in California to pharmaceutical patient package inserts, as well as the durable phenomenon of labels, disclosures, and disclaimers going unread even by very sophisticated consumers.

    My talk was well received, and I think I might adapt and expand it in future into a full-length speech for audiences on failures of consumer protection law.

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