Posts Tagged ‘NYC’

Investigative series: NYC home seizures

Kings County Politics investigates a series of cases in which New York City has seized the properties of Brooklyn homeowners after procedurally or substantively dubious findings of distressed condition or tax/water arrears. In some cases the city then hands the property over to politically connected developers. “Public Advocate Letitia James [has] called for a temporary freeze of the Department of Housing Preservation and Development’s (HPD) Third-Party Transfer (TPT) program” to address the concerns. [Stephen Witt and Kelly Mena, Kings County Politics]

Police roundup

September 19 roundup

  • Paradox of Jones Act: by jacking up shipping costs from mainland, it can give goods made overseas artificial price advantage [Cato Daily Podcast with Colin Grabow] Trade wars are immensely destructive, hurting producers and consumers alike, and the latest is no exception [Reuters on China retaliation]
  • Joel Kotkin-Michael Greve exchange on localism at Liberty and Law [Kotkin, Greve]
  • Government demands for encrypted data pose threat to digital privacy [Erin Dunne, D.C. Examiner]
  • “New York’s transportation establishment will not reduce prices to world standards as long as it can demand quintuple the world standard and get away with it” [Connor Harris, City Journal]
  • “The Fair Housing Act prohibits ‘making, printing, or publishing’ any ‘notice, statement, or advertisement’ with respect to ‘the sale or rental of a dwelling’ that indicates any racial preference or discrimination. Does this mean that Ohio county recorders violate the law when they maintain property records that contain unenforceable, decades-old racially restrictive covenants? Sixth Circuit: No need to answer that question, because the plaintiff doesn’t have standing.” [John Kenneth Ross, IJ “Short Circuit”, on Mason v. Adams County Recorder]
  • Trademark-go-round: “Monster Energy Loses Trademark Opposition With Monsta Pizza In The UK” [Timothy Geigner, TechDirt] “Disney Gets Early Loss In Trademark, Copyright Suit Against Unlicensed Birthday Party Characters” [same] “Two Georgia Sausage Companies Battle Over Trademarked Logos That Aren’t Particularly Similar” [same]

Environment roundup

  • End of the road at last for Steven Donziger, impresario of Chevron/Ecuador litigation? [Joe Nocera, Bloomberg]
  • Building expensive housing improves housing availability at every income level [Sonja Trauss, Market Urbanism Report]
  • “Ms. Durst did what any law-abiding citizen would do: She demolished the structure and tossed the twigs, moss and shells into the woods…. The fairy house wasn’t up to code.” [Ellen Byron, WSJ, courtesy Regulatory Transparency Project]
  • Last month’s judicial rejection of NYC climate suit came after plenty of foreshadowing [Daniel Fisher (“persuasive authorities” were two overturned court decisions); New York Daily News and New York Post editorials]
  • Ban on smoking in public housing reflects truism that unless you own property, your home isn’t really your castle [Shane Ferro, Above the Law]
  • Obama-era Waters of the U.S. regulations are a power grab asserting EPA control over farmers’ ditches, seasonal moist depressions, and watering holes; one federal court has now reinstated the rules, but the issue is headed to SCOTUS and Congress in any case ought to kill them [Jonathan Adler; Ariel Wittenberg, E&E News; earlier]

“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.

Schools roundup

  • Even as Washington, D.C. saddles child-care providers with new degree requirement, it leaves unenforced some of its certification rules for public school teachers [David Boaz, earlier here, etc.]
  • Mayor de Blasio plans to overhaul admission to NYC’s elite high schools. Watch out [Lisa Schiffren, New York Post]
  • On the Banks of Plumb Crazy: American Library Association removes Laura Ingalls Wilder’s name from children’s-book award [AP/The Guardian]
  • Max Eden investigation of death at a NYC school [The 74 Million] Eden and Seth Barron podcast on school shootings and discipline policy [City Journal]
  • “The Transgender Bathroom Wars Continue in State Court” [Gail Heriot]
  • Oklahoma, West Virginia, Arizona and on: are teacher uprisings justified? [Neal McCluskey and Caleb Brown]

Judge skeptical toward New York City climate lawsuit

“New York City’s attempt to hold five of the world’s biggest oil companies responsible for damage from global warming didn’t seem to impress a judge during oral arguments Wednesday to determine if a lawsuit can proceed.” Judge John F. Keenan grilled the city about its standing to sue, its own investments in the energy sector, and its attempt to dress up an already-lost challenge to emissions as a not-yet-tried challenge to sales of products resulting in emissions.

“Aren’t the plaintiffs using the product?” Keenan asked. “Does the city have clean hands?”

“Yes, the city uses fossil fuels,” [plaintiff’s attorney Matthew] Pava responded.

[Larry Neumeister, AP/ABC News] More: John O’Brien/Forbes, Erin Mundahl, Inside Sources (15 state attorneys general file amicus brief on defendants’ side]