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Regulations Tag

Posted by Fuzzy Slippers on November 27, 2016 14 Comments
The Obama administration's agencies are in a frenzy of activity as they push new regulations before Obama leaves office in January. Republicans, however, are warning against such activity, saying that they will overturn them via the Congressional Review Act (CRA). Politico reports:
Federal agencies are rushing out a final volley of executive actions in the last two months of Barack Obama’s presidency, despite warnings from Republicans in Congress and the reality that Donald Trump will have the power to erase much of their handiwork after Jan. 20. Regulations on commodities speculation, air pollution from the oil industry, doctors’ Medicare drug payments and high-skilled immigrant workers are among the rules moving through the pipeline as Obama’s administration grasps at one last chance to cement his legacy. So are regulations tightening states’ oversight of online colleges and protecting funding for Planned Parenthood.

Posted by Kemberlee Kaye on November 14, 2016 35 Comments
The federal government gets much of attention for being The Worst™, and rightfully so. But oftentimes local governments and their officials are truly as awful as they come. The latest tale of sorry and woe comes to you from Kansas City. There, Health Department officials poured bleach on 700 lbs of BBQ that was set aside for the needy, rendering it inedible. Worse still, thousands who showed up for a BBQ lunch were turned away because there was nothing left to feed them.

Posted by Leslie Eastman on August 24, 2016 19 Comments
A recent report analyzing the regulatory climate under the Obama Administration shows that it is a lush and healthy environment... for bureaucrats.
A recent report by Sam Batkins of the American Action Forum brings the regulatory overreach of the Obama administration into focus. In nearly eight years, the Obama administration has issued 600 major regulations, which, again, are regulations with an annual economic impact of $100 million or more. Unfortunately, even with President Obama's time in office slowly coming to a close, the number of major regulations issued on his watch may exceed 650.

Posted by Kemberlee Kaye on August 08, 2016 37 Comments
Oh, New Jersey. Shortly after I moved to New York I had to drive to Atlantic City for work. I'd missed the memo that private citizens are forbidden from pumping their own gas because that's a union job in New Jersey. Needless to say, after a very heated discussion with the gas-pumper, I got back into my car wondering why New Jersey functioned like a developing country. Because not being able to pump your own gas isn't ridiculous enough, the Garden State is considering a bill that could fine drivers for drinking coffee on their morning commute.

Posted by Taryn O'Neill on June 02, 2016 17 Comments
The nation's payday and auto title lenders are now the latest target of the Obama administration in an effort to transform the relationship between private lending companies, their borrowers, and the government. For the very first time, high-interest lending companies will face regulations set forth by the federal government. Credit of this type typically involves an immediate, short-term loan of a few hundred dollars that comes with a high interest rates and lending fees. When costs are combined, the annual interest rate of these loans often calculate to around 300%. Until now, regulation of this $39 billion industry had been left up to the states. This week, the Consumer Financial Protection Bureau (CFPB), an agency conceived by Sen. Elizabeth Warren, announced the beginnings of a regulatory framework intended to protect the roughly 12 million low-income households borrowing from these often described "predatory" lenders. Rules proposed by the CFPB will require lenders to assess the borrower's ability to pay back the loan before an exchange of money takes place. Payday lenders fear this step will make it more difficult to roll over loans, a frequent practice of high-interest lenders that usually results in the hiking of the lender's borrowing fees.

Posted by Leslie Eastman on May 14, 2016 9 Comments
While the Obama Administration is setting the country on fire with public school transgender bathroom dictates, a Wyoming man has scored a major legal victory against a regulatory Goliath. The Pacific Legal Foundation represented Wyoming rancher Andy Johnson in challenging an EPA compliance order threatening him with $37,500 per day in fines for constructing a stock pond on his property. The PLF lawsuit argued that Johnson’s pond is expressly exempt from the Clean Water Act and that the stream in which he constructed the pond is not a jurisdictional water because it does not affect a navigable water. And, as an extra bonus, a former Corps of Engineers enforcement officer asserted that Johnson's pond has many environmental benefits, including fish and wildlife habitat and enhanced water quality.

Posted by Amy Miller on October 19, 2015 30 Comments
No one really thought much of the impact of the growing hobby-drone fad until a consumer drone landed on the White House grounds earlier this year. Since then, we've been peppered with headlines describing the many ways drones have invaded our lives, and sometimes, secure airspace. Pilots all across the country have logged close encounters with the unmanned devices; California topped the list with almost 200 reports of near-misses since 2014. la-fi-g-drone-incidents-20151007 Pilots and other experts have expressed concern that an encounter with even a small drone could endanger both aircraft and passenger and now, officials have come up with a solution to the growing problem.

Posted by Amy Miller on September 18, 2015 24 Comments
I don't know about you, but when I think of Florida, I think of airboats. After next year, however, those of us familiar with the roar of the the gladesmen's watercraft will probably think of regulations. Earlier this month, the AP reported that over a dozen years' worth of negotiation, deliberation, and compromise has culminated in the implementation of a new series of rules governing the commercial airboat industry in the Florida Everglades. Regulators have officially won the battle to implement rules written into a 1989 congressional act that expanded the Everglades national park areas to include 1.5 million acres of wetlands commonly used by both commercial and private airboat operators. After the passage of that act, Congress wanted the area managed as a protected wetland preserve, but airboat operators went to war over the classification, saying that the changes would destroy the businesses that have been around longer than the federally-mandated park. For most airboat operators, these new rules mean that they only have a few months left before their businesses are forcibly shut down. Park services plans to partner (read: buy out and control) just four commercial operators; only private operators who can prove they were at least 16 years old and active airboat operators as of 1989 will be given a non-transferable, lifetime permit to continue operating. It's unclear as of now how many private operators that will cover.

Posted by Kemberlee Kaye on September 16, 2015 40 Comments
Naturally, the government has to ruin everything, including Little Free Libraries. You may have seen one of these little bird house turned mini-libraries in your neighborhood. They're a lovely idea. Simple, no fuss, and quite fun. Donate a book, borrow a book. Nothing to sign, no due date, no late fees, just common courtesy. Conor Freidersdorf of The Atlantic explored the ridiculous trend of "shutting down" unregulated community book sharing. In Kansas, residents were told to remove the library at peril of fine:
The Leawood City Council said it had received a couple of complaints about Spencer Collins' Little Free Library. They dubbed it an "illegal detached structure" and told the Collins' they would face a fine if they did not remove the Little Free Library from their yard by June 19.
Evidently, Los Angeles and Shreveport, Louisiana are hotbeds of illicit literary lending activity.

Posted by Leslie Eastman on August 13, 2015 27 Comments
News related to the Animas River spill continues to stream from Colorado, including the discovery that a warning that a spill of wastewater was likely if EPA's plans to drain the mines went forward as planned had been issued a week earlier. The Silverton Standard published an eerie prediction made by professional geologist Dave Taylor detailing a sequence of events that could lead to environmental catastrophe on July 30, 2015. The editorial included the assertion that the EPA was poised to launch a "Superfund Blitzkrieg". Gateway Pundit has a copy of the full letter; a summary of the key points I would like to cover is below:
...Based on my 47 years of experience as a professional geologist, it appears to be that the EPA is setting your town and the area up for a potential Superfund blitzkrieg. ...[M]ake no mistake, within seven to 150 days all of the 500 gpm flow will return to Cement Creek. Contamination may actually increase due to disturbance and flushing action within the workings. The "grand experiment" in my opinion will fail. And guess what [EPA representative] Mr. Hestmark will say then? Gee "Plan A" didn't work so I guess that we will have to build a treatment plant at a cost to taxpayers of $100 million to $500 million (who knows). Reading between the lines, I believe that the EPA's plan all along. The proposed Red & Bonita plugging plan has been their way of getting a foot in the door to justify their hidden agenda for construction of a treatment plant. After all, with a budget of $8.2 billion and 17,000 employees, the EPA needs new, big projects to keep them in existence."

Posted by Kemberlee Kaye on July 23, 2015 31 Comments
Anti-consumer choice advocates were defeated once again in the ongoing war to regulate Uber into oblivion. Uber declared yet another over NYC Mayor DeBlasio and the city's cab cartel Wednesday. Under the guise of wanting to monitor Uber's effect on NYC traffic flow, DeBlasio failed to whip the requisite number of votes to pass legislation that would've limited new for-hire vehicle licenses.

Posted by Kemberlee Kaye on July 15, 2015 52 Comments
Beloved fast food chain of the South, Whataburger, recently found itself in national headlines after announcing their decision not to participate in Texas' newly minted open carry law. Full disclosure before we move forward, I love Whataburger. Love. Love. Love. In fact, I had a #1 with cheese, no veggies, and mayo for lunch/dinner today. giphy But love of hot, crispy fries, and breakfast taquitos at midnight aside, Whataburger is being portrayed inaccurately. Drawing fire from many, even factions on the right, Whataburger was accused of "taking a stand" against a law near and dear to the hearts of many Texans.

Posted by Kemberlee Kaye on July 14, 2015 10 Comments
Texas Entrepreneurs are celebrating a recent state Supreme Court decision. The decision involved Texas Occupational licenses. "Texas Department of Licensing and Regulation (TDLR) violated the state constitution when it ordered eyebrow threaders—who practice a traditional South Asian method of using only cotton thread to remove eyebrow hair— to stop working unless they obtained 750 hours of conventional cosmetology training and passed two licensing exams," said a release. The release from the Institute for Justice continued:
Today, Texas entrepreneurs celebrated as a landmark Texas Supreme Court decision became final following the passing of the deadline for the government to seek further review. This means countless entrepreneurs, like Ash Patel, can go back to work after having to shut down their businesses for nearly six years. The sweeping decision will have huge implications not just for all Texans, but for entrepreneurs across the U.S., and means Texas occupational licensing laws now face real scrutiny. In late June, the Texas Supreme Court ruled 6-3 that the Texas Department of Licensing and Regulation (TDLR) violated the state constitution when it ordered eyebrow threaders—who practice a traditional South Asian method of using only cotton thread to remove eyebrow hair— to stop working unless they obtained 750 hours of conventional cosmetology training and passed two licensing exams. Not a minute of the training or a single question on the exams was devoted to eyebrow threading.

Posted by Leslie Eastman on June 23, 2015 20 Comments
The federal government is regulating the American meal, again. This time, the target is trans-fat!
The Obama administration is ordering food companies to phase out the artery-clogging trans fats that can lead to heart disease, the country's leading cause of death. The Food and Drug Administration announced Tuesday that it would require food makers to stop using trans fats — found in processed foods like pie crusts, frostings and microwave popcorn — over the next three years.
It turns out California has banned trans fats since 2008, when our "conservative" Governor Arnold Schwarzenegger signed a bill outlawing them. When I was at the local doughnut shop yesterday, with my husband (who requested the fat-laden extravaganza for his Father's Day Breakfast), I asked the proprietor about living with the trans fat ban. She explained that while she readily complied with the rules, at added expense passed onto the customer, some other shops continued using the banned ingredients. She noted that several were closed temporarily, until legal items arrived. These facilities were then regularly reinspected for compliance. Imagine this on a large scale. It is anticipated that the conversion will cost food manufacturers billions .

Posted by Amy Miller on May 27, 2015 11 Comments
When it comes to federal regulations, I find the "it shouldn't be this complicated!" argument to be flawed. Of course it's going to be complicated---the federal government regulates activity concerning 50 states, a military, a rambunctious federal District, and foreign relations. They've got a lot going on; hence, the rule making can't really be confined to a few bullet points. That being said, at some point, you have to turn off the spigot and get serious about just how many rules and regulations the federal government should be allowed to throw at the American people. Earlier this year the Mercatus Center, a free-market economic think tank at George Mason University, created an infographic to illustrate just how ridiculous the Code of Federal Regulations (CFR) has become---and why they had to create a computer program just to read all of it. Take a look: CFR-read-time-RegData

Posted by Kemberlee Kaye on May 07, 2015 26 Comments
As if there weren't more important things to be concerned about... Lawmakers are considering legislation that would further regulate cosmetics including handmade soap. The Personal Care Products Safety Act was introduced by Sen. Diane Feinstein (D-Cal) and Sen. Susan Collins (R-Maine) last month. The bill is currently rattling around in the Committee on Health, Education, Labor, and Pensions. The stated purpose of the bill is to, "protect consumers and streamline industry compliance by strengthening the Food and Drug Administration’s (FDA) authority to regulate the ingredients in personal care products. While the personal care products industry is projected to exceed $60 billion in U.S. revenue this year, federal regulations on these products have not been updated in 75 years." Essentially, the Personal Care Products Safety Act is another venture in big government glut that would expand the FDA's jurisdiction thereby creating more bureaucracy, wasting taxpayer money, and hindering small business growth. More specifically though, the bill would impose fees, and add ridiculous reporting and labeling requirements. Sen. Feinstein boasts support from just about every big cosmetic industry player including:
  • Personal Care Products Council (a trade association representing more than 600 companies in the industry)
  • Johnson & Johnson (brands include Neutrogena, Aveeno, Clean & Clear, Lubriderm, Johnson’s baby products)
  • Procter & Gamble (brands include Pantene, Head & Shoulders, Clairol, Herbal Essences, Secret, Dolce & Gabbana,
  • Gucci, Ivory, Cover Girl, Olay, Sebastian Professional, Vidal Sassoon)
  • Revlon (brands include Revlon, Almay, Mitchum)
  • Estee Lauder (brands include Estée Lauder, Clinique, Origins, Tommy Hilfiger, MAC, La Mer, Bobbi Brown, Donna Karan, Aveda, Michael Kors)
  • Unilever (brands include Dove, Tresemme, Lever, St. Ives, Noxzema, Nexxus, Pond’s, Suave, Sunsilk, Vaseline, Degree)
  • L’Oreal (brands include L’Oréal Paris, Lancome, Giorgio Armani, Yves Saint Laurent, Kiehl’s, Essie, Garnier, Maybelline-New York, Vichy, La Roche-Posay, The Body Shop, Redken)
But what about the independent cosmetic purveyor?

Posted by Kemberlee Kaye on April 14, 2015 27 Comments
The same monstrous federal agency that brought us food pyramids, plate graphics, and encourages America to eat vegan is after health food bar maker, KIND. Recently, KIND received a love letter from the FDA citing multiple labeling violations. "However, none of your products listed above meet the requirements for use of the nutrient content claim “healthy,”" wrote the self-appointed arbiter of healthy declarations. The FDA letter to KIND is a fantastic example of how the federal bureaucracy is a vacuous waste of money. Tax money is spent paying people to sit in offices (where they're forbidden from watching porn) while they stress over 1.5 g of saturated fat in a nut bar. Four of KIND's health food bars received FDA scrutiny. In order for KIND to properly utilize the healthy designation, their health food bars cannot contain more than 1 g of saturated fat per Reference Amount Customarily Consumed (RACC). The Fruit & Nut Almond & Apricot and Peanut Butter Dark Chocolate + Protein bars contain 3.5 g, Fruit & Nut Almond & Coconut clocks in at 5 g, and the Dark Chocolate Cherry Cashew + Antioxidants contains a whopping 2.5 g of saturated fat, said the FDA. KIND's health food bars are made largely without preservatives or other fillers and fake food stuffs found in similar products. They're also exceptionally tasty. But a regulation is a regulation.
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