Health

Reaching Across the Aisle?

Washington D.C.

The safest prediction is that our Democratic President and Republican Congress will not in fact be able to work together.  Their present gestures toward cooperation may mean nothing more than a willingness to accept the other side’s surrender.  But hope springs eternal.  Are there areas where common ground exists?  That seems nearly impossible on some […]

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The Ebola Panic

Some politicians encourage panic about a small outbreak in Texas, while thousands in Africa are dying.

The National Lampoon once put out a mock edition of a newspaper from the fictional city of Dacron, Ohio.  There was a screaming headline reading: TWO DACRON WOMEN MISSING.  A much smaller subheading read: Japan destroyed by tidal wave.  We are now seeing something similar in the U.S. reaction to Ebola.  So far, only three cases […]

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The State(s) of Obesity

obesity image

There are big differences between states, but this really is a national epidemic.

State of Obesity, a joint project of the Trust for America’s Future and the Robert Wood Johnson Foundation, has released a fascinating report about adult obesity.  There are large national disparities.  The obesity rate is over 35% in West Virginia and Mississippi, but only 21% in Colorado. Despite these disparities, obesity rates have grown everywhere since 1990, […]

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UARG Strikes Back

supreme-court

Will UARG Persuade the Supreme Court to Overturn New Air Quality Standards?

“UARG” sounds like the name of a monster in a children’s book or maybe some kind of strangled exclamation.  But it actually stands for Utility Air Regulatory Group, which represents utility companies in litigation.  UARG did well in two important Supreme Court cases last year, winning part of the case it brought against EPA climate change […]

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The Wonders of Denialisms

Louis Pasteur

Are there no limits to the human capacity to deny scientific facts?

If you’re inclined to doubt science, why not start with the germ theory of disease?  After all, isn’t it implausible that illness, death, and even mass epidemics are caused by tiny invisible organisms that invade our bodies?  And what’s the evidence for that, really?  Just the findings of scientists who can get big grants from […]

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FDA Discretion and Animal Antibiotics

pigs at the trough

FDA has stalled for 30 years in regulating antibiotics in animal feed. A court says that's O.K.

The FDA seems to be convinced that current use of antibiotics in animal feed is a threat to human health. But the Second Circuit ruled recently in NRDC v. FDA that EPA has no duty to consider banning their use.  That may seem ridiculous, but actually it’s a very close case legally.  The court’s discussion of Massachusetts […]

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Back in the Fast Lane

San Diego Trolley

New Pritzker Brief from UCLA Law on Making Public Transit Work

Fellow blogger Ethan Elkind has spent a lot of time researching the history, politics, and future of transit in California.  Earlier this year he published Railtown, a fascinating portrait of the fight over development of the L.A. Metro rail system, revealing the degree to which that development has been driven by good old-fashioned politics and even intrigue […]

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Mick Jagger on Chemical Reform

Vermont's new chemical program looks to be a mixed bag

Vermont just joined the posse of states taking chemical regulation reform into their own hands in the face of inaction in Congress.  Last week the Green Mountain State enacted a new law covering chemicals in children’s products.  (A children’s product is defined as “any consumer product, marketed for use by, marketed to, sold, offered for […]

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Supreme Court: North Carolina Tort Plaintiffs Can’t Sue for Latent Injuries from Contaminated Sites

Court holds that federal law doesn't preempt state statutes of repose

This morning, the U.S. Supreme Court issued its decision in CTS Corp. v. Waldburger.   In this case, which my colleague Jesse Lueders described and analyzed in detail here and here, the Court had to decide whether state statutes of repose can bar tort lawsuits by people harmed by latent injuries from toxic contamination, by imposing […]

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