Regulation
A Second Helping of Chicken and Salmonella
Food safety levels leave plenty of room at the table for salmonella
Last week on Legal Planet, Dan Farber posted about the surprising regulatory inattention paid to food safety, using as example the latest chicken salmonella outbreaks in the U.S. (see “Playing Chicken with Food Safety,” 10/20/13). This post picks up from there, to mention that while the recent incidents highlight the chicken-salmonella problem, they don’t quite …
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CONTINUE READINGWho Does the Public Trust: Bureaucrats or Congress?
Voters would prefer EPA to make climate policy, not Congress. Is that a good thing? Yes and no.
Voters in swing states would prefer that EPA rather than Congress decide on U.S. climate policy. According to a poll commissioned by the League of Conservation Voters, “The voters are much more inclined to trust the Environmental Protection Agency than they are to trust members of Congress” — by a 66-12 margin. Here are my reactions …
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CONTINUE READINGEnergy Innovation and the Law @ UCLA
A full-day UCLA Law Review symposium on Friday, November 1
The UCLA Law Review is holding a symposium next Friday, November 1 – Toward a Clean Energy Future: Powering Innovation Through Law. Leading scholars from around the country will be at UCLA School of Law for the day to discuss innovative energy technologies, international energy issues, the challenge of new energy technology diffusion, and the …
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CONTINUE READINGNew Standing Barriers Erected for Federal Court Climate Change Litigation
Recent Ninth Circuit Decision Likely to Spell the End of Much Citizen Suit Litigation Over Climate Change in Federal Courts
In 2007, the U.S. Supreme Court’s famously ruled in Massachusetts v. USEPA that petitioners in that case had standing to sue the Environmental Protection Agency in federal court to challenge EPA’s failure to regulate greenhouse gas emissions under the Clean Air Act. Observers then could have been forgiven for thinking that this ruling flung open …
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CONTINUE READINGAir Pollution in China Shuts Down City of 11 Million
The airpocalypse is back. What should Chinese leaders do about it?
On Sunday, the start of the heating season in northern China brought the “airpocalypse” back with a vengeance (although some might say it never left). Harbin, the capital of Heilongjiang Province and home to 11 million people, registered fine particulate (PM2.5) pollution levels beyond 500 on the Chinese Air Quality Index, which is considered hazardous …
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CONTINUE READINGPlaying Chicken With Food Safety
Food safety doesn’t get the attention it deserves from regulators. Case in point: the latest Salmonella outbreak.
Food safety is something of a step-child of U.S. regulation. The public obviously cares about it, but it lacks the kind of attention from advocacy groups that the environment gets. The results have not been pretty. Food safety is divided between the Food and Drug Administration (FDA) and the United States Department of Agriculture (for …
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CONTINUE READINGHelping to Break The Junk Food Habit
Some of the methods used to regulate alcohol could help with junk food.
A recent study shows that rats find oreos addictive — they like eating them just as much as they like cocaine. And they definitely preferred them to healthier foods like rice cakes. People seem to have the same difficulty in resisting junk food as rats. What’s to be done? A recent paper by RAND researchers suggests that relatively modest …
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CONTINUE READINGMore Musings on the Cert Petition Grant in the Greenhouse Gas Emissions Case
Does Regulating Greenhouse Gases Lead to Absurd Results and What Happens Once the Court Rules?
In follow up to my early morning post of this morning, here are a couple of additional points. 1) A related but different argument petitioners are making about why the PSD provisions don’t apply to the regulation of greenhouse gases is that the application of the provisions would lead to absurd results. The absurd results …
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CONTINUE READINGSupreme Court Grants Cert on One Aspect of Greenhouse Gas Emissions Suit
Court lets stand endangerment finding, rules regulating emissions from automobile tailpipes
This morning, the Supreme Court announced that it has granted six of the nine petitions challenging the D.C. Circuit Court of Appeals ruling upholding the Environmental Protection Agency’s rules regulating greenhouse gases under the Clean Air Act. The Court granted cert on only a single question (petitioners had raised a number of them): Whether EPA …
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CONTINUE READINGMass. v. EPA bears fruit for environmental petitioners
Court rules that EPA must decide if new water quality standars are needed to protect the Gulf of Mexico
Cross-posted at CPRBlog. A US District Court in Louisiana recently ruled, in Gulf Restoration Network v. Jackson, that EPA must decide whether it has to impose new water quality standards for nutrient pollution in the Mississippi River watershed. Although that might seem far afield from the Supreme Court’s greenhouse gas emissions decision in Massachusetts v. …
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