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OpenMarket: Regulatory Reform

  • Will Lisa Jackson turn the Clean Air Act into a gigantic de-stimulus package?

    February 19, 2009

    Earlier this week, in a letter to Sierra Club climate council David Bookbinder, EPA Administrator Lisa Jackson said the Agency would reconsider, via a notice-and-comment rulemaking, a Bush-EPA memorandum interpreting regulations that determine whether carbon dioxide (CO2) is currently subject to emission controls under the Clean Air Act’s Prevention of Significant Deterioration (PSD) pre-construction permitting program.

  • Michigan Steps Aside for Stimulus

    February 19, 2009

    Oregonian brewers looking for a new home may want to consider moving to Michigan where a state authority may just understand the principle that fewer regulatory burdens on businesses actually increases economic growth!

    The Michigan Economic Growth Authority (MEGA) provides tax credits to businesses that move or expand operations in the state.

    The Michigan Economic Growth Authority (MEGA), the state's response to interstate competition for company expansions and relocations, may provide a refundable tax credit against the Single Business Tax (SBT) to companies expanding or relocating their operations in Michigan....

  • Bad McCarty! Bad!

    February 17, 2009
    Will regulators never learn? You can't force businesses to actively pursue a business model that is unprofitable. Florida's Governor Charlie Crist and Insurance regulator Kevin McCarty have been trying for years to force insurance companies in the state to lower their premiums to rates that, frankly, aren't high enough to cover the damages from hurricanes. Insurers have pushed back and many have simple cashed in their chips and left the state entirely. Now in a move, like a spoiled child's tantrum in a toy shop, Kevin McCarty is trying to force State Farm-- which is leaving the state, to do what he wants under the guise that this is for the good of Florida's residents. He's wrong. Completely, utterly, without question, wrong about the result of his actions....
  • Null Government

    February 17, 2009
    Well, the Spendulus/Stimulus will be signed into law within minutes. We'll soon learn that even this Leviathan-In-A-Box is only the beginning of the Age of Intervention, barrelling ahead as if creating jobs really was something in the political sector's toolkit. Politicians--as creators of wealth and jobs; Color me incredulous. I see the "package" elements as unrelated to economic recovery but as ends in themselves servicing the goal of political sector growth. It's a good to time to reflect on the question of why, exactly, it is that we erect governments in the first place. I don't have the energy right now and won't bother to try to answer...
  • "Spendulus" conference report has passed the House

    February 13, 2009
    But thought you might be interested in one congressman's last-minute appeal to sanity. You, dear reader, are a person things are done to.
  • Who Cares About the Consumer?

    February 13, 2009
    Electricity consumers beware! The so-called-stimulus bill includes provision for something called "decoupling." E&E Daily reports:
    Also included in the final version is a requirement that governors who want additional state energy efficiency grants ensure that their state regulators guarantee revenue to utilities to support efficiency programs. State regulators and consumer advocates strongly opposed the provision, saying it ties regulators' hands and is not the best tool to promote efficiency. The National Association of Regulatory Utility Commissioners said many regulators cannot assure that "decoupling" requirements will be met. "These ambiguous conditions will create confusion and legal uncertainty and will likely delay or preclude the release of these critical funds," NARUC said in a statement. "This benefits neither the States the utilities, nor, most...
  • Wyeth v. Levine: Policy Arguments Regarding Preemption

    February 13, 2009
    The Wyeth v. Levine case presents a narrow set of facts in which the Food and Drug Administration had, for many years, known about the risks presented by intravenous push injection of Phenergan and worked with the manufacturer to carefully word the label description of this risk. Nevertheless, disregarding the limiting facts in the Levine case, a flood of “friend of the Court†pleadings supporting Ms. Levine sought to broaden the preemption debate and persuade the Court of the critical need for additional tort-based supervision of the pharmaceutical industry.
  • Preemption in Wyeth v. Levine: Broader Implications

    February 13, 2009
    The legal arguments of the parties, and the incremental approach typical of the Supreme Court, strongly suggest that the Court will issue a narrow legal ruling addressing FDA preemption only in the context of fully-informed FDA labeling decisions directly challenged in state tort actions. Still, a number of organizations have filed amicus curiae (“friend of the Courtâ€) briefs making “policy†rather than legal arguments regarding the importance of this case.
  • Uber-Attorney Bert Rein to Guest Blog on Federal Preemption Case

    February 13, 2009
    Back in November, I wrote about the pending Supreme Court case Wyeth v. Levine, the decision in which will have a huge impact on the pharmaceutical industry and the law of federal preemption. I am happy to announce that Bert has agreed to contribute a few guest blog posts to Open Market discussing the importance of this case.
  • What unlimited government means to you.

    February 13, 2009
    Ran across this excerpt from a Wall Street Journal piece that I thought I'd pass along. And this was before the Anti-Stimulus added heft to Washington:
    A long line of judge-made law since the Supreme Court's New Deal era decision in Wickard v. Filburn (1942) says there is almost no limit, under the commerce clause of the Constitution, to the regulatory reach of the federal government. Thus, a united president and Congress can, as a practical matter, do all or any of the following (plus much more): take your money and give it to someone else; tell businesses what to produce and sell, who to hire and what wages to pay; set all commodity, wholesale and retail prices; control all energy supplies, communication networks and...


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