In our February 8 post, Courts Not a “Natural” at Regulating Food Ads and Labels, I argued that legislatures, or regulatory bodies acting as an “agents” of the legislature, are far better suited to define politicized, complex terms like “natural” than are judges and juries through class action litigation. The context of this argument: class action [...]
Archive for the ‘Environmental Law & Regulation’ Category
Vermont Proposes a Non-Solution to “All-Natural” Class Action Lawsuits
Posted in Civil Justice & Litigation, Environmental Law & Regulation, tagged environment, speech, advertising on February 22, 2012 | Leave a Comment »
Second Circuit Ruling: All Is Not Lost for Chevron in Ecuador Battle
Posted in Civil Justice & Litigation, Environmental Law & Regulation, tagged environment, fraud, litigation, litigation industry on January 27, 2012 | Leave a Comment »
Cross-posted by Forbes.com at WLF contributor site Chevron Corp. suffered a setback yesterday in its efforts to prevent enforcement of a $17.2 billion judgment issued by an Ecuadorian court based on charges that Chevron is responsible for environmental damages in the Ecuadorian Amazon. The U.S. Court of Appeals for the Second Circuit in New York [...]
Fail to Use Non-Existent Biofuel, Earn Fine: A Snapshot of Government Incomptence
Posted in Environmental Law & Regulation, tagged environment on January 23, 2012 | Leave a Comment »
At Washington Legal Foundation (WLF), we routinely make constitutional objections to government’s interference in the private market place. For example, in the coming weeks we’ll file an amicus brief in Florida v. HHS that will argue the Constitution prevents the government from forcing Americans to purchase a product they don’t want. Similarly, on January 13, [...]
Finger on the Pulse: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Criminalization of Free Enterprise, Environmental Law & Regulation, Preserving Innovation/Intellectual Property on January 13, 2012 | Leave a Comment »
EPA elbows its way into New York rule-writing for natural gas fracking (Washington Post) “Big, Bold & Bizarre”: New scholarship from the “FCPA Professor” on corruption law (White Collar Crime Professor) Convoluted, contradictory, and confusing Third Circuit class action ruling headed to Supreme Court? (Class Action Countermeasures) Post channels Carnack, predicts leading mass tort developments [...]
California’s Attempt to Impose Environmental Rule on the Other 49 States Blocked in Court
Posted in Environmental Law & Regulation on January 11, 2012 | 1 Comment »
Already ranked 47th among state economies in the nation, California apparently has decided to aim even lower. Following the California Assembly’s enactment of the California Global Warming Solutions Act, California’s Air Resources Board promulgated a new low-carbon fuel standard that would force out-of-state oil refiners and ethanol producers to purchase greenhouse credits from the state [...]
Finger on the Pulse: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Environmental Law & Regulation, Health Care, Preserving Innovation/Intellectual Property on January 4, 2012 | Leave a Comment »
In mid-trial, judge throws out high-profile Foreign Corrupt Practices Act prosecution (Blog of Legal Times) A top ten list of significant class action rulings in 2011 (Class Action Countermeasures) Have mergers and acquisition-related suits replaced securities fraud cases as preferred class action lawyers’ main focus? (D&O Diary) Another top ten list: the worst drug/medical device [...]
Finger on the Pulse, Thursday Edition: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Environmental Law & Regulation, Preserving Innovation/Intellectual Property, Regulation of Free Enterprise on December 22, 2011 | Leave a Comment »
Shareholder activists urged to pursue proposals on hydraulic fracturing (Fracking Insider) Appeals court issues key ruling on settlement of antitrust class actions (Law.com) 9th Circuit ruling a sign of things to come in 2nd Circuit Viacom v. YouTube case? (Copyhype) New York’s notorious Martin Act ruled to not preempt state securities fraud lawsuits (D&O Diary) [...]
Finger on the Pulse: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Criminalization of Free Enterprise, Environmental Law & Regulation, Health Care, Preserving Innovation/Intellectual Property on December 2, 2011 | Leave a Comment »
HHS official urges Medicare agency to regulate practice of medicine by punishing providers for off-label prescribing (Washington Post) Challenges to adequacy of counsel in class action cases sometimes pay off (Class Action Countermeasures) Long-term, broader implications of judge’s rejection of settlement between SEC and Citigroup (D&O Diary) Judge hammers federal prosecutors for errors in Foreign [...]
Imminent EPA Guidance on Fracking Set to Destroy Jobs?
Posted in Environmental Law & Regulation, tagged environment, EPA on December 2, 2011 | 2 Comments »
Somewhere on the soon-to-be-freezing land of North Dakota, workers whose jobs depend on the continued viability of hydraulic fracturing (“fracking”) are left to guess what the Environmental Protection Agency (EPA) has in store for them next month. A draft guidance is expected to be released in January defining, among other things, what diesel fuel is, and [...]
Occupy Marcellus Shale?: Activists Undermine Budding Domestic Energy Resource
Posted in Environmental Law & Regulation, tagged domestic energy, environment, legal activism on December 1, 2011 | 1 Comment »
Cross-posted by Forbes.com at WLF’s Contributor Site Innovations in extracting natural gas and oil from America’s vast shale deposits offer the possibility of new jobs, higher tax revenues, more investment, and up to a century’s-worth of cleaner-burning domestic energy. So why is it, then, that the revolutionary process to pursue such energy – known as [...]
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