recycling – Overlawyered

“San Francisco reverses ban on plastic bags, now bars reusable totes”

Walter Olson — Sun, 05 Apr 2020 15:59:51 +0000

“The United Food and Commercial Workers (UFCW) union is pleading with consumers to ‘just say no to reusable bags’ for the duration of the pandemic, in order to protect baggers and cashiers who’ve inadvertently been placed on the front line.” [Patty Wetli, WTTW] Many cities and states are listening: “San Francisco has reversed its 13-year ban on plastic bags and will now prohibit the reusable bags city leaders once championed because of the coronavirus.” Massachusetts, New Hampshire and other states have taken similar steps. [Jeff Mordock, Washington Times] “We have always been at war with Reusable Totes” [Iowahawk]

Tags: COVID-19 virus, environment, food safety, recycling

“San Francisco reverses ban on plastic bags, now bars reusable totes” is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Fri, 28 Jun 2019 09:57:05 +0000

“Whaling jobs were well-paying and glamorous by Soviet standards.” The story behind “arguably one of the greatest environmental crimes of the 20th century.” [Charles Homans, Pacific Standard]
Laying groundwork for high-stakes lawsuits against agriculture and livestock industries over CO2 emissions [Daniel Walters, SSRN via Twitter]
Laws banning plastic straws sometimes forget interests of disabled [Palo Alto Daily Post]
Oregon ban on gold placer stream mining, California law giving state first refusal right in federal land sales are two places high court might want to clarify boundary of federal and state land authority [Jonathan Wood, Federalist Society]
“The Troubled History of Cancer Risk Assessment: The Linear-No-Threshold paradigm, which asserts there are no safe exposure levels, is the product of flawed and corrupted science.” [Edward J. Calabrese, Cato Regulation magazine]
Why the vultures of Spain tend to avoid crossing over into Portugal [Bruno Martin thread on Twitter]

Tags: agriculture and farming, climate change, endangered species, environment, recycling, Spain, toxic torts

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Fri, 12 Apr 2019 09:58:18 +0000

The high cost of feel-good laws: why bans on disposable plastic grocery bags are bad for the environment [Greg Rosalsky, NPR “Planet Money”] Not a good move for public health either [Hans Bader on New York’s second-in-the-nation statewide ban, following California] Enjoy your tepid pad thai: Maryland lawmakers move to ban polystyrene (Styrofoam) cups and containers for ready-to-go food [Michelle Santiago Cortés, Refinery 21]
A future President who declared a national emergency over climate change might unlock some far-reaching powers [Jackie Flynn Mogenson, Mother Jones]
“Waking the Litigation Monster: The Misuse of Public Nuisance,” 48-page report on attempts to legislate by means of novel public nuisance suits [Joshua Payne and Jess Nix, U.S. Chamber Institute for Legal Reform]
Dim and dimmer: the Washington Post “argues that the policy of imposing energy efficiency standards on lightbulbs ‘has no downside.'” [Peter Van Doren, Cato; earlier] “Appliance Standards Are Expensive, And Regressive Too” [Susan Dudley, Forbes, earlier here, here, etc.]
Supreme Court “should clarify that courts should consider a property’s prospective economic value when evaluating the just compensation due from regulatory takings” [Ilya Shapiro and Nathan Harvey on Cato amicus in Love Field terminal gate case]
The “most expensive and least effective environmental law” of all: ideas for fixing NEPA, the National Environmental Policy Act of 1970, which mandates environmental impact statements [Mark Rutzick, Federalist Society]

Tags: climate change, eminent domain, environment, public nuisance, recycling

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Mon, 04 Mar 2019 11:01:02 +0000

“Everything would be all renewable all the time if we could just pass the right laws.” The wishful underpinnings of the Green New Deal [Cato Daily Podcast with Caleb Brown and Regulation Magazine editor Peter Van Doren]
“The U.S. rail system is optimized for freight, vs. European and Japanese systems that are optimized for passengers (it is hard to do both well with the same network). The U.S. situation is actually better, much better, for energy conservation.” [Coyote]
Federalist Society discussions of climate litigation based on public nuisance theories: National Lawyers Convention panel with David Bookbinder, Eric Grant, James Huffman, Mark W. Smith, moderated by Hon. John K. Bush; “Originally Speaking” written debate with John Baker, Richard Faulk, Dan Lungren, Donald Kochan, Pat Parenteau, David Bookbinder; Boston Lawyers Chapter panel on municipal litigation with Steven Ferrey, Phil Goldberg, Donald Kochan, James R. May, Kenneth Reich] Climate nuisance suits have met with an unfriendly reception in American courts and there is no good rationale for filing copycat claims in Canada [Stewart Muir, Resource Works]
“Public Universities Exploit Eminent Domain Powers with Little Oversight” [Chris West, Martin Center]
Many pro-market reforms would reduce the risks to life and property from natural disasters, climate-related and otherwise [Chris Edwards, Cato]
“On patrol with the enforcer of DC’s plastic-straw ban” [Fenit Nirappil/AP via Peter Bonilla (“Welcome to the worst ride along ever”)]

Tags: climate change, colleges and universities, disasters, eminent domain, environment, public nuisance, railroads, recycling, Washington D.C.

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Wed, 23 Jan 2019 10:59:21 +0000

EPA reversal on Waters of the United States rule gives power back to states [Andrew Wheeler, Kansas City Star; related Federalist Society video with Donald Kochan and Robert Glicksman; earlier]
Even if one concedes that throwaway items generate environmental externalities, it still doesn’t mean laws should ban disposable diapers or other single-use plastics [Ryan Bourne, Telegraph/Cato] “New Jersey Plans a Plastic-Banning Spree” [Christian Britschgi]
NYC’s Mayor de Blasio: “we will seize their buildings and we will put them in the hands of a community nonprofit.” [John Sexton]
It’s sometimes claimed that NYC’s unusually high cost of constructing public infrastructure arises from its preexisting infrastructure, geology, and high land values, yet other world cities with tougher challenges in each category build at much lower cost [Connor Harris, City Journal]
Podcast: Lynne Kiesling lecture on environmental economics [Cato University 2018]
Acrylamide follies: “Bid to introduce cancer warnings on breakfast cereal packaging fails in California court” [Legal NewsLine, from July] After public outcry, state of California acted last summer to forestall possible Prop 65 warnings on coffee [New York Times, earlier]

Tags: acrylamide, Environmental Protection Agency, landlord tenant law, NYC, Prop 65, recycling

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Put down that balloon animal, Mr. Clown, and back away slowly

Walter Olson — Mon, 03 Sep 2018 16:02:41 +0000

As the campaign against single-use plastics picks up speed, straws, cup lids and takeout Styrofoam will be just the beginning. One likely target: balloons [Christian Britschgi, Reason]

Tags: environment, recycling

Put down that balloon animal, Mr. Clown, and back away slowly is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Mon, 30 Jul 2018 10:02:22 +0000

“San Francisco Bans Straws, Cocktail Swords” [Christian Britschgi; more (funny memes proliferate)]
Sharper distinction between legal treatment of “threatened” and “endangered” species would help species recovery efforts and line up with Congress’s intent [Jonathan Wood, PERC Reports]
“It’s really interesting to me that the conversation around vegetarianism and the environment is so strongly centered on an assumption that every place in the world is on the limited land/surplus water plan.” [Sarah Taber Twitter thread]
New podcast from Cato’s Libertarianism.org on eminent domain and civil forfeiture, with Tess Terrible and Trevor Burrus. More/background at Cato Daily Podcast;
“OMG cellphone cancer coverup” piece in Guardian’s Observer “strewn with rudimentary errors and dubious inferences” [David Robert Grimes; David Gorski, Science-Based Medicine corrects piece by same authors, Mark Hertsgaard and Mark Dowie, that ran in The Nation]
Oh, that pro bono: despite talk of donated time, trial lawyers stand to gain 20% of proceeds should Boulder climate suit reach payday [John O’Brien, Legal NewsLine, earlier]

Tags: cellphones, climate change, eminent domain, endangered species, environment, recycling, San Francisco

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Court strikes down Seattle snoop-in-residents’-garbage law

Walter Olson — Sat, 30 Apr 2016 15:07:05 +0000

“A judge has ruled that snooping trash collectors in Seattle cannot simply go through garbage bins without any sort of warrant to determine whether its citizens are putting food in the wrong place. It’s a win for the property-rights-focused lawyers of the Pacific Legal Foundation (PLF).” [Scott Shackford, earlier] While the U.S. Supreme Court has ruled in California v. Greenwood that an expectation of privacy does not apply to garbage, the Supreme Court of Washington has ruled that a provision in its own state’s constitution provides privacy protection that extends beyond the federal guarantee. [Eugene Volokh]

Tags: privacy, recycling, Seattle

Court strikes down Seattle snoop-in-residents’-garbage law is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Thu, 22 Oct 2015 04:05:20 +0000

Availability of Uber and Lyft at LAX airport tied up in lawsuits including one filed under CEQA, the California environmental-review law often used tactically to delay projects [Los Angeles Times]
Twenty years after his classic contrarian article on recycling, John Tierney returns with another close look at its pros and cons [New York Times] Quit scapegoating plastic bags, they carry enough weight as it is [Katherine Mangu-Ward, Reason, related]
California class action: Reynolds should have disclosed formaldehyde in vaping [Winston-Salem Journal] Authors of widely noted New England Journal of Medicine formaldehyde/vaping paper got “philanthropy to support research” from two big-league trial lawyers [NEJM paper, disclosure form, Joseph Nocera January, related April, August and recent New York Times columns, Michael Siegel]
Federal court blocks EPA’s hotly disputed Waters of the United States (“WOTUS”) rule [Jonathan Adler; National Wildlife Federation (pro-rule); Todd Gaziano and M. Reed Hopper, PLF (against), American Farm Bureau Federation (same)]
Environmental law firm intervenes in Louisiana governor’s race to tune of $1.1 million [Greater Baton Rouge Business Report]
Same state: “BP oil spill settlement to reimburse millions Louisiana paid to politically connected law firms” [Kyle Barnett, Louisiana Record]
Government subsidies for rebuilding hurricane-prone areas disproportionately aid the wealthy [Chris Edwards, Cato]

Tags: BP Transocean oil spill, California, disasters, environment, Environmental Protection Agency, Louisiana, recycling, tobacco

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Quit snooping into trash, city of Seattle told in privacy lawsuit”

Walter Olson — Thu, 23 Jul 2015 10:10:26 +0000

Seattle Times:

A group of privacy advocates is suing the city of Seattle, arguing that having garbage collectors look through people’s trash — to make sure food scraps aren’t going into the garbage — “violates privacy rights on a massive scale.”

“A person has a legitimate expectation that the contents of his or her garbage cans will remain private and free from government inspection,” argues the lawsuit filed [last] Thursday in King County Superior Court by the Pacific Legal Foundation.

More: Seattle Post-Intelligencer. Earlier on the city’s ban on food waste in trash, and severe limits on other types of material, here.

Tags: privacy, recycling, Seattle

“Quit snooping into trash, city of Seattle told in privacy lawsuit” is a post from Overlawyered - Chronicling the high cost of our legal system