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 [...]
Posts Tagged ‘environment’
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 »
Appellate Experts Assess Supreme Court at Mid-term Point
Posted in Civil Justice & Litigation, Criminalization of Free Enterprise, Health Care, Regulation of Free Enterprise, U.S. Supreme Court, tagged crime, environment, Media Nosh, Supreme Court on February 8, 2012 | Leave a Comment »
Yesterday, Washington Legal Foundation held its annual “High Court Halftime” briefing program to look back on some decisions from the Supreme Court’s October 2011 term and to preview upcoming arguments. The video of this program is available here for on-demand viewing. Hosted by WLF advisory board chairman, The Honorable Dick Thornburgh, and headlined by veteran [...]
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, [...]
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 [...]
SEC: Securities and ENVIRONMENT Commission?
Posted in Environmental Law & Regulation, Regulation of Free Enterprise, tagged environment, EPA, SEC, shareholder activism on August 25, 2011 | 3 Comments »
Cross-posted by Forbes.com at On the Merits and WLF’s Forbes contributor page. Regulators regulate. It’s a simple concept, but one which seems to escape even the highest of government officials. Some in the Obama Administration must be disappointed by the lukewarm reception business leaders and the public have given to recent regulatory red-tape cutting efforts. But [...]
EPA to Activist Groups: Sue Us, Please
Posted in Environmental Law & Regulation, Government Transparency, Regulation of Free Enterprise, tagged DOJ, environment, EPA, litigation industry on July 8, 2011 | 1 Comment »
Most people don’t like to be sued. But if you’re an EPA regulator, being served a copy of a complaint might just make your day. Even better, you might be willing to help subsidize those organizations that make it a priority to sue your organization. Plaintiffs attorneys and some states may have lost in AEP [...]
When is a Tax Not a Tax?: When it is a Regulatory Fee Imposed on One Business
Posted in Environmental Law & Regulation, tagged environment on June 27, 2011 | Leave a Comment »
Generally, local decisions are best guided by local wisdom. That is not the case, however, when a local county council enacts a punitive “tax” against one business in an unconstitutional manner. Maryland’s Montgomery County did exactly that. In May 2010, the council passed a bill that imposed a levy on large stationary emitters of carbon [...]
Supreme Court Observations: AEP v. Connecticut
Posted in Environmental Law & Regulation, U.S. Supreme Court, tagged attorney general, environment, EPA, Supreme Court on June 22, 2011 | Leave a Comment »
Guest Commentary Peter Glaser and Douglas A. Henderson, Troutman Sanders LLP Climate change tort litigation – at least based on federal common law – collapsed under its own weight Monday in an 8-0 Supreme Court decision written by Justice Ginsburg in AEP v. Connecticut (Justice Sotomoyaor recusing because she had been on the Second Circuit panel from [...]
