Posts Tagged ‘Bill de Blasio’

“Judge Throws Out New York Climate Lawsuit”

“Judge John F. Keenan of United States District Court for the Southern District of New York wrote that climate change must be addressed by the executive branch and Congress, not by the courts. While climate change ‘is a fact of life,’ Judge Keenan wrote, ‘the serious problems caused thereby are not for the judiciary to ameliorate. Global warming and solutions thereto must be addressed by the two other branches of government.'” Not only was Mayor De Blasio’s widely publicized suit pre-empted by the Clean Air Act, but demands for transnational change are the province of U.S. foreign policy rather than courts [John Schwartz, New York Times] Less than a month ago federal judge William Alsup threw out climate suits by San Francisco and Oakland. Suits of this sort, based on theories of public nuisance law, “have generally been considered long shots.”

I wish some people who ought to know better would stop trying to dress up this sort of legal action as somehow in the historical mainstream of Hayekian common law vindication of private rights. It isn’t, not by a long stretch. It’s an exercise in attempted legislation through the courts.

Environment roundup

  • “Lolita the killer whale has lived at Miami Seaquarium since 1970. Do the conditions of her confinement, including sharing her tank with dolphins that engage in inappropriate sexual behavior, amount to ‘harm’ and ‘harassment’ in violation of federal statute? The Eleventh Circuit says no.” [John Ross, Short Circuit, on PETA v. Miami Seaquarium]
  • California suit about Prop 65 warnings on coffee grinds on [Sara Randazzo/WSJ, Pierre Lemieux/EconLog, earlier]
  • NYC mayor De Blasio, who recently filed long-shot suit, says he hopes to “bring death knell to fossil fuel industry” [John Breslin, Legal NewsLine] “People don’t need to smoke cigarettes, but they have needed energy for many decades,” one of many reasons suing Big Oil is different from suing Big Tobacco [Amy Harder, Axios]
  • Squirrel rescue saga: “I begged and pleaded for a few more weeks, but was essentially told I needed to release him even though it was the middle of winter.” [Christine Clarridge, Seattle Times]
  • Aluminum smelter vs. orchards: a historic instance of nuisance litigation working well as a regulatory method? [Douglas Kysar, SSRN]
  • “Privatizing Federal Grazing Lands” [Chris Edwards, Cato]

Climate change suit roundup

Free speech roundup

  • Well, he would, wouldn’t he? “De Blasio thinks city-funded news outlets would be ‘more fair’” [Max Jaeger, New York Post]
  • Watch out for Honest Ads Act, which purports to force disclosure of political advertising on the Internet [John Samples, Cato] One effect of campaign donor disclosure mandates is to enable retaliation against those who back “wrong” candidates [Eric Wang, Cato Policy Analysis]
  • Court orders target not to publicize the libel takedown demand letter it got. Fair play? [Volokh]
  • Ken at Popehat is so very unimpressed with Anthony Scaramucci’s defamation suit threat to Tufts student paper. Of course Ken frequently does defend the unimpressive;
  • Complaints about corporate speech in politics subsided as fast as you could say “Patagonia” [Ira Stoll]
  • “Court Says Google Must Unmask Person Who Left Wordless, One-Star Review Of Local Psychiatrist” [Tim Cushing, Techdirt]

Banking and finance roundup

July 22 roundup

Wrong opinions? No permits for him!

Boston mayor Martin Walsh gives Donald Trump the Chick-Fil-A rush over his immigration opinions [Boston Herald]:

If Donald Trump ever wants to build a hotel in Boston, he’ll need to apologize for his comments about Mexican immigrants first, the Hub’s mayor said.

“I just don’t agree with him at all,” Boston Mayor Martin J. Walsh told the Herald yesterday. “I think his comments are inappropriate. And if he wanted to build a hotel here, he’d have to make some apologies to people in this country.”

More on the use of permitting, licensing, and other levers of power to punish speech and the exercise of other legal rights at Overlawyered’s all-new regulatory retaliation tag. And no, I’m not exactly thrilled with Mayor Walsh for making me take Trump’s side in an argument.

P.S. Now the NYC sequel, from Mayor Bill de Blasio: no more city contracts for the guy with the wrong opinions [The Hill] And welcome readers from the Foundation for Economic Education, which generously calls this blog “indispensable.”