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19 Oct 2007

DHS' "No-Match Rule" Stopped by Preliminary Injunction:
The Regulatory Flexibility Act and illegal aliens

by Richard Belzer

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On October 10, U.S. District Judge Charles Breyer issued a preliminary injunction barring the Department of Homeland Security from implementing a regulation it issued in August that tightened up existing practice in the enforcement of 1986 federal immigration law. The case provides a lesson in administrative procedure -- particularly, how an agency's failure to take obscure procedures seriously can backfire. More...

17 Jan 2007

Conflict of Interest, Bias, and Mold
Challenging the Wall Street Journal

by Richard Belzer

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On January 9, Wall Street Journal reporter David Armstrong published a long Page One article alleging that a position paper on the health effects of mold published by the American College of Occupational and Environmental Medicine suffered from bias and conflict of interest.

Today, ACOEM president Tee Guidotti responded to some of Armstrong's allegations.

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12 Sep 2006

Are Fireworks a Serious Environmental Threat?

by Richard Belzer

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An increasing number of communities have canceled fireworks displays because of concerns about perchlorate contamination. Perchlorate is the oxidizing agent used to make fireworks rockets blast off.

Several news outlets have reported that San Diego's SeaWorld has canceled its regular fireworks shows. According to the NBC affiliate in San Diego: A group called California Coast Keepers has threatened a lawsuit alleging the amusement park needs a water quality permit for the fireworks displays. Sea World is located on Mission Bay, an estuary of the Pacific Ocean.

 “There are pollutants being discharged and the law says you need a permit,” said Marco Gonzalez, an attorney for Coastkeeper.

SeaWorld has had fireworks shows for many years, but previously no one -- including the state's regional water quality regulator -- has thought that a permit was required.

 “The implications of this are very significant,” said John Robertus, executive officer of the San Diego Regional Water Quality Control Board, the agency that will weigh the merits of SeaWorld's application.

While fireworks firms routinely obtain permits from local fire departments, pyrotechnics have not been regulated by water-quality agencies.

“It has not been done anywhere in the U.S. that I am aware of,” Robertus said. “Locally, we have not seen a need to regulate that.”

On June 26, it filed a 60-day notice of intent to "bring litigation to enforce the Clean Water Act’s mandate that a permit be obtained for displays that release potentially dangerous chemicals into Mission Bay."

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19 Aug 2006

What Does Airline Security Have to Do with the Government's Litigation Against Cigarette Makers?
One of them may reduce smoking

by Richard Belzer

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On August 17, US District Court Judge Gladys Kessler issued a 1,000+ page opinion (which will be posted here) in the long-running federal case against cigarette makers. A oft-cited element of the judgment is that cigarette makers are ordered to initiate a new advertising campaign correcting specific statements they made which the court found to be deceptive. On August 10, the Transportation Security Administration banned liquids and gels from carry-on luggage, including products purchased in the "sterile" area" of US airports that previously were presumed to be free of substances that could be used to make bombs. We blogged on this after experiencing the new rules firsthand.

What does airline security have to do with new advertisements warning about the risks of smoking?

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16 Jul 2006

Can Economics Make Sense of the "Medical Crisis of Conscience"?

by Richard Belzer

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Today the Washington Post's Rob Stein published a Page One article describing how some providers of medical services are refusing to sell their services on moral grounds. Almost all of the article focuses on conservative medical service providers declining to perform or assist in medical procedures they find morally offensive. A small section of the article compares this phenomenon to liberal medical service providers for whom it is morally offensive to participate in legally sanctioned executions.

A great deal of the article is highly charged with polarizing rhetoric. Can an understanding of economics help clarify the issues and thereby lower the temperature?

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4 May 2006

Light Truck Fuel Economy Standards:
Ten state attorneys general sue to block implementation

by Richard Belzer

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On April 6 the National Highway Traffic and Safety Administration published final regulations for the next round of light truck fuel economy standards. (Warning: the PDF is 371 pages.) Ten state attorneys general have filed a petition for review with the 9th Circuit challenging the rule.
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23 Mar 2006

The Salt Institute Case

by Richard Belzer

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The Washington Post's Cindy Skrzycki reports on fallout from the 4th Circuit Court of Appeals ruling on Salt Institute & Chamber of Commerce of the United States v. Department of Health and Human Services.

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15 Mar 2006

Welcome to the Neutral Source Blog

by Richard Belzer

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Neutral Source opened for business on the Ides of March 2006. More...