Join us.

We’re working to create a just society and preserve a healthy environment for future generations. Donate today to help.

Donate

Blog

Showing 28 results

Lisa Heinzerling | June 14, 2018

Laying Down the Law on Rule Delays

Originally published on The Regulatory Review. Reprinted with permission. Since the Reagan administration, it has become commonplace for new presidential administrations, in one of their first official acts after inauguration, to freeze at least some pending regulatory actions of the prior administration. These freezes have been of varying breadth and have taken varying forms. The Trump […]

Lisa Heinzerling | April 14, 2016

Mercury, MetLife, and Mountaintop Removal

How Justice Scalia’s Last Canon Is Unhinging Statutory Interpretation Justice Antonin Scalia was, as much as anything else, known for insisting that the text of a statute alone – not its purposes, not its legislative history – should serve as the basis for the courts’ interpretation of the statute. Justice Scalia promoted canons of statutory […]

Lisa Heinzerling | June 30, 2015

Michigan v. EPA: Costs Matter, But Everything Else Is Up For Grabs

In Michigan v. EPA, the Supreme Court reviewed the Environmental Protection Agency’s decision to regulate power plants under section 112 of the Clean Air Act. Section 112 is the provision regulating toxic air pollutants, such as mercury. The question before the Court was whether EPA reasonably interpreted the Clean Air Act to allow EPA to decline […]

Lisa Heinzerling | June 26, 2015

King v. Burwell and EPA’s Climate Rules

The Supreme Court’s decision in King v. Burwell is, of course, most important for its central holding that the Affordable Care Act’s federal subsidies are available even on federally established health exchanges. The decision preserves health insurance subsidies for millions of people who have begun to benefit from them and avoids the ridiculous spectacle of taking the […]

Lisa Heinzerling | August 4, 2014

Tobacco Teachings, Up in Smoke?

Imagine a government warning on tobacco products that gave nearly equal prominence to both the pleasures and pains of using tobacco products. The “warning” would tell citizens that whether they should use tobacco products or not was – despite the government’s long practice of recommending against such use – actually a pretty close case. Tobacco […]

Lisa Heinzerling | January 6, 2014

Secrecy protects only laggards: why the FDA should disclose which drug companies volunteer for its “judicious use” policy for livestock antibiotics

The Food and Drug Administration (FDA) recently recommitted itself to its lame proposal to address the profligate use of antibiotics in livestock by enlisting the voluntary participation of the drug companies that make the antibiotics.  Two documents issued last month reveal the details of the agency’s current plans.   The first is a final guidance document […]

Lisa Heinzerling | December 12, 2013

Learning from the FDA’s Plan B fiasco

In  2001, a group of private citizens, public health groups, and medical organizations petitioned the Food and Drug Administration (FDA) to approve nonprescription status for the emergency contraceptive Plan B and its generic cousins.  Under the Food, Drug, and Cosmetic Act, the FDA’s decision was supposed to turn on whether these drugs could be taken safely and efficaciously […]

Lisa Heinzerling | November 18, 2013

The return of the senior death discount

The Food and Drug Administration recently announced its tentative determination that most of the trans fatty acids in our diets – specifically, partially hydrogenated oils (PHOs) – are not “generally recognized as safe” within the meaning of the Food, Drug, and Cosmetic Act, and thus must be regulated as food additives. If the FDA finalizes this […]

Lisa Heinzerling | November 14, 2013

Deeply flawed economic analysis exaggerates the cost of FDA’s produce rule

One of the healthiest things a person can do is to eat lots of fruits and vegetables. Unless they’re contaminated with dangerous pathogens, that is. Contaminated produce has been responsible for an alarming number of deaths and illnesses in recent years, from Listeria-tainted cantaloupes that killed up to 43 people in 2011 to a Cyclospora outbreak linked […]