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Kids Climate Litigants Petition Court to Stop Fossil Fuel Development
Kelsey Juliana and her fellow litigants are the youngsters who, since 2015, have been suing the federal government to “prepare and implement an enforceable national remedial plan to…
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This Week in Ridiculous Regulations
The delayed State of the Union speech happened on Tuesday, but contained no surprises on the policy front. The length of the Federal Register doubled…
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Net Neutrality Regulation Still a Bad Idea
The debate at today’s House Committee on Energy and Commerce hearing was largely between making blocking, throttling, and fast lanes illegal and going further to…
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VIDEO: Operation Choke Point Sets Dangerous Precedent
Our friends at the Federalist Society have an interesting new video out on legal businesses being targeted for government harassment because their products have become politically…
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Amazon under Pressure to Accept Union
This week, New York City Mayor Bill de Blasio said Amazon employees should unionize, and that the company should welcome losing a direct line of…
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House Climate Hearing off to Bad Start
The newly-minted environment and climate change subcommittee of the House Energy and Commerce Committee will hold a hearing today titled “Time for Action: Addressing the Environmental…
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Administrative Procedure Act Limitations: Process and Oversight Shortcomings
The Administrative Procedure Act of 1946 (APA) set up the foundation of the public consultation rulemaking procedure. Part one of this two-part glance at APA…
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Fintech: A Bipartisan Priority for the 116th Congress
While the 115th Congress did not achieve all that was hoped for with regards to financial services reform, it did make important progress to achieving…
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This Week in Ridiculous Regulations
The Midwest froze, but the Federal Register began to heat up. As I predicted earlier, the first three post-shutdown editions were slow. Then Thursday’s edition…
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EPA’s Andrew Wheeler Appoints John Christy to Science Advisory Board
Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler on January 31st announced the appointment of some 29 experts to serve on the agency’s Science Advisory Board…
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Plastic Bag Ban Mania Will Do More Harm than Good
An anti-plastics craze has swept the country and the globe, prompting lawmakers to propose and impose bans on various plastic products—from straws to shopping bags…
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VIDEO: Thanos Was Wrong about Humanity
Our friends at the American Enterprise Institute have a great video series in which they explain important issues, each in only 60 seconds. A very-short format like this…
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Ninth Circuit Strikes Down Soda Labeling Ban for Wrong Reasons
This week the federal Ninth Circuit Court of Appeals held unconstitutional the size requirement in San Francisco’s soda warning labeling regulation. However, there are broader…
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Jobs Numbers Continue Generally Positive Trend
The latest jobs report from the Bureau of Labor Statistics suggest that the economy is continuing on a steady course, at least as far as…
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The Bicameral Congressional Trade Authority Act
This week Rep. Mike Gallagher (R-WI) introduced the Bicameral Congressional Trade Authority Act, which would reduce the president’s authority to unilaterally enact new tariffs by…
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Rep. Waters Reiterates Support for JOBS Act 3.0
In a major speech to a liberal group outlining her priorities as chairman of the House Financial Services Committee, Rep. Maxine Waters (D-CA) sharply criticized…
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A Brief Outline of Undisclosed Costs of Regulation
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discussed checks on the…
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Administrative Procedure Act Limitations: Cost Measurement and Disclosure
U.S. Circuit Judge J. Harvie Wilkinson III noted in a 2017 journal article that regulation sometimes contains “too much detail,” changes too “frequently and capriciously,” creates backlogs and…
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The Shutdown Is Over: How Does that Affect Regulation?
During the partial shutdown, the Federal Register slowed to a crawl. Published every weekday, an average day’s edition consists of about 270 pages and contains…
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Forecast: U.S. to Become Net Energy Exporter in 2020
The U.S. Energy Information Administration (EIA) expects the United States to become a net energy exporter in 2020. That is the “reference case” projection in…
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Agenda for the 116th Congress: Tech and Telecom
As technology and telecommunications evolve, new challenges inevitably arise for policy makers. New mandates or prohibitions should be avoided in all but the most exceptional…
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This Week in Ridiculous Regulations
The partial shutdown ended on Friday, though only on a three-week deal. This likely will not show up in the Federal Register’s page and rule…
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Chuck Todd’s ‘Daily Show’ Comments Got It Wrong on the Climate Debate
Last night Chuck Todd went on “The Daily Show with Trevor Noah” and was asked about his announcement on a recent episode of “Meet the…
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Warren Wealth Tax Proposal Raises Constitutional Questions
Sen. Elizabeth Warren (D-MA) has proposed a new wealth tax. We don’t know a lot of details on what is being proposed, but what little…
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VIDEO: Pacific Legal Foundation Stands up for Freedom of Falconry
Falconry has a long and noble heritage. During most of that time, however, it has been heavily regulated. In Medieval England, for example, only people…
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New Cable Franchise Rules to Benefit Consumers
In September of last year, the Federal Communications Commission issued a further notice of proposed rulemaking clarifying how the amount that cities are allowed to…
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Oregon Introduces Taxpayer-Funded Union Subsidy
Earlier this week, I took a look at legislation that has been enacted to undercut the Supreme Court’s decision last year in Janus v. AFSCME.
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CEI Leads Coalition in Support of Nationwide Road Usage Charge Pilot Program
Today, the Competitive Enterprise Institute sent a letter to Congress urging members to preserve and strengthen the users-pay/users-benefit highway funding principle and to establish a…
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Courts Should Protect Economic Liberty Rights As Originally Understood
The prohibition on taking a person’s liberty without due process of law is enshrined in the Constitution’s Fifth and Fourteenth Amendments. But what does this…
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What If Trump’s Regulations Exceed His Regulatory Rollback Savings?
President Donald Trump has pruned rules and costs at a quicker pace than other presidents. But could his other policies torpedo that?…
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Would a TSA Strike Force an End to the Shutdown?
As the current partial federal government shutdown drags on and many federal employees continue to go without pay, some pundits have suggested that one way…
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In Aftermath of ‘Janus’ Decision, Blue States Push Pro-Union Bills
Prior to the landmark Supreme Court decision in Janus v. AFSCME, government unions were already devising ways to keep members and dues flowing. In a…
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EPA’s Wheeler Responds to Renewable Fuel Standard Questions
The Senate Committee on Environment and Public Works held its confirmation hearing for acting Environmental Protection Agency Administrator Andrew Wheeler on January 16th. The Renewable Fuel…
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This Week in Ridiculous Regulations
Last week, people got worked up over hamburgers and a television commercial about razors. Meanwhile the partial federal shutdown continued, and a bill to introduce…
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Agenda for the 116th Congress: Banking and Finance
Perhaps one of the most under-appreciated aspects of our modern world is the fact that finance is fundamental to the operation of a free and…
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VIDEO: Lower Shipping Costs, Repeal the Jones Act
The Jones Act, originally passed in 1920, is a law that requires ships that service U.S. ports to be entirely U.S. owned and operated. This…
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Agenda for the 116th Congress: Trade
President Trump’s doubling of tariffs has already cost the economy almost 1.8 percentage points of growth. That means 2018’s 3.4 percent third quarter growth could…
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Agenda for the 116th Congress: Energy and Environment
Wealthier is healthier—and environmentally cleaner as well. Despite the fact that the most prosperous nations are also the cleanest, and that prosperity is best achieved…
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Brexit: The EU’s Gordian Knot Strangles May’s Government
When Rory Broomfield and I were examining the prospects for Britain leaving the European Union in 2014-16, we recognized that there was no easy way…
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Department of Justice Disregards Intent of Congress on Internet Gambling
Congress was not vague in its intent when it enacted the Wire Act in 1961. The law, developed and supported by then-Attorney General Robert Kennedy,…
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Supreme Court Should Review Oregon’s Discriminatory Fuel Pricing Rules
Last week, American fuel manufactures filed a petition to the U.S. Supreme Court asking them to review a lower court decision upholding an Oregon law…
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Time to Restore Traditional Joint-Employer Standard
This week the public comment period closes in regards to the National Labor Relations Board’s (NLRB) proposed rule to modify the standard for joint employment. This…
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Teachers Paid to Walk Off the Job?
The United Teachers Los Angeles (UTLA) union contract negotiations with the Los Angeles Unified School District (LAUSD) have broken down. UTLA president Alex Caputo-Pearl called…
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Agenda for the 116th Congress: Consumer Freedom
The second-to-last chapter in the Competitive Enterprise Institute’s agenda for the 116th Congress focuses on consumer freedom. Specifically, the chapter recommends ways Congress can rein…
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Eliminate Obsolete Patented and Proprietary Products Regulation
Today, I submitted comments to the Federal Highway Administration (FHWA) on behalf of CEI in response to a notice of proposed rulemaking on promoting innovation in…
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This Week in Ridiculous Regulations
On Saturday the partial government shutdown became the longest ever. The news cycle was wall-to-wall wall and shutdown coverage, though Rep. Sean Duffy (R-WI) introduced…
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Oregon Court Rebuffs Kids’ Climate Lawsuit
Oregon’s Court of Appeals ruled on 9th January that the public-trust doctrine does not impose a “fiduciary obligation” on the state to develop and implement…
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Green New Deal: 626 Groups Send Congress a Back-to-Dark Ages Manifesto
Six-hundred twenty-six organizations, some of them major environmental groups, sent a letter to Members of the House of Representatives on January 10th that details their demands for…
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VIDEO: What Beer Can Teach Us about Well-Crafted Laws
Our friends at the Federalist Society have released a fun and informative new short film on the history of beer and alcohol regulation. …
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Reject U.S. Reciprocal Trade Act’s Presidential Power Grab
A forthcoming bill, the U.S. Reciprocal Trade Act, written by “Death by China” coauthor Peter Navarro and other presidential advisers, seeks to expand the president’s…