President’s weekly report — May 22, 2015

School choice — good result in Florida A Florida trial court a dismissed a union-led lawsuit, Mcall v. Scott, challenging the Florida Tax Credit Scholarship Program. The Florida Legislature created the Tax Credit Scholarship Program in 2001, which gives dollar-for-dollar tax credits for … Continue reading

My congressional testimony this week: EPA’s Science Advisory Board

On Wednesday, May 20, 2015, I testified before a senate subcommittee seeking to make EPA’s Science Advisory Board more transparent, effective, and fair.  The senate bill at issue, S. 543, is being proffered in response to criticism that EPA is not using the Board properly to provide peer review of the scientific bases of its regulatory proposals.  My testimony criticized EPA’s failure to send proposed regulations governing carbon dioxide emissions to the Board for expert analysis before finalizing the rules.  Carbon dioxide is a  natural substance that is everywhere and in everything.  By regulating that ubiquitous substance, EPA gives itself the potential authority to regulate virtually everything, everywhere.  That is an unprecedented reach for power by a federal administrative agency.  Accordingly, if anything merits peer review from the top scientific experts, it is the scientific analysis forming the foundation of EPA’s carbon dioxide regulatory proposals.  For more details, see my written and oral (time stamp 41) testimony.

PLF sues over jaguar critical habitat designation in New Mexico

The only jaguars that you are likely to find today in New Mexico are at this dealership in Albuquerque. But that didn’t stop the federal government from designating tens of thousands of acres in Hidalgo County, in the southwestern corner of the state, … Continue reading

Is the Constitution a paradox?

In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the … Continue reading

Endangered Species Day is for protecting species, not federal control

May 15 was Endangered Species Day. For some farmers, ranchers, and other property owners who can’t develop or use their land in a productive manner because of federal dictates, every day is devoted, unwillingly or not, to endangered species. As … Continue reading

President’s weekly report — May 15, 2015

Competitor’s veto law — One down, one on its way down The notion that existing players in a transportation business (taxis, movers and limo companies) should be able to veto new entrants into a market in order to reduce competition is … Continue reading

Watch Ted Hadzi-Antich’s Testimony on EPA Accountability

UPDATE: View Ted Hadzi-Antich’s testimony on EPA accountabiliy during a hearing entitled, “Oversight of Scientific Advisory Panels and Processes at the Environmental Protection Agency.” The panel discussion begins on May 20th, at 9:30 AM EDT.

I’ve been invited to testify next week before the United States Senate Committee on Environment and Public Works (Subcommittee on Superfund, Waste Management, and Regulatory Oversight) regarding ways in which EPA is violating the statutory requirement to obtain peer review of regulatory proposals from the Science Advisory Board.

In 2009, when EPA issued its first regulation governing greenhouse gas emissions, it failed to submit the regulatory proposal to the Board.  Several subsequent greenhouse gas emissions standards went down the same wrong path.  Those EPA failures to obtain peer review of the science underlying the greenhouse gas regulations were bald statutory violations, so PLF sued EPA to enforce the peer review requirements.  Look here for more information regarding our challenge to the greenhouse gas emissions standards for cars, and here for trucks,  It looks like Congress is paying attention to these case.

California can’t arbitrarily ban mining

The California Supreme Court is considering an important case concerning whether a state can frustrate federal law and deprive people of their livelihoods for no good reason. PLF filed this amicus brief in the case, joined by the Western Mining … Continue reading