CEI Today: Court NLRB ruling, why China nixed Kyoto emissions limits, and Sept 9 net neutrality in court
COURT NLRB RULING - IVAN OSORIO
If you can’t get legislation through Congress, then make policy through regulation. Until the courts get in the way. The former has been the Obama administration’s approach to implementing policies it wants but cannot get passed in Congress. The latter describes the latest legal setback to Obama’s agenda — a federal judge striking down Obama’s recess appointment of the National Labor Relations Board’s (NLRB) top lawyer as unconstitutional.
On August 13, U.S. District Judge Benjamin Settle ruled that President Obama’s appointment of NLRB Acting General Counsel Lafe Solomon did not conform to the requirements of the Federal Vacancies Reform Act (FVRA). Therefore, Solomon could not delegate to a regional NLRB director the authority to pursue legal action against an employer.
WHY CHINA REJECTED KYOTO EMISSIONS LIMITS - MARLO LEWIS
China’s economic growth is still strongly correlated with fossil energy consumption and emissions. Even a ‘soft’ Kyoto target limiting emissions to 25% above 2005 levels would have eliminated trillions in cumulative GDP since 2005.
NET NEUTRALITY - WAYNE CREWS
On Sept. 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of the Federal Communications Commission’s December 2010 Order on “Preserving the Free and Open Internet.”
At stake is not merely the destruction of infrastructure wealth for decades, but of content flexibility, consumer welfare and even infrastructure security and “cybersecurity.”