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This morning the Supreme handed down its ruling in Wyeth v. Levine. In its majority opinion, the Court rejected the argument of pharmaceutical giant Wyeth that the FDA’s approval of its label for Phenergan effectively “preempted” a tort suit brought against it by a patient claiming that the manufacturer failed to provide adequate warning about […]

Last Wednesday, Secretary of the Interior Ken Salazar announced that the Bureau of Land Management is going to “review and reconsider” the oil shale leases proposed in the waning days of the Bush Administration.  The Bush proposal would have potentially opened 1.9 million acres of land in Utah, Colorado, and Wyoming for oil shale development […]

The Center for Public Integrity released a report last week finding that the number of lobbyists seeking to influence federal policy on climate change has expanded more than 300 percent in five years. The report also finds that special interest industry lobbyists outnumber public interest environmental advocates 8-to-1.   That’s right. The most important environmental legislation […]

Late last week, I sent a letter to Peter Orszag, Director of the White House Office of Management and Budget that, among other things, called on OMB to allow for public participation in the design of its new Executive Order governing federal regulatory review. I’m happy to see that OMB has decided to do just […]

On Monday, the U.S. Supreme Court announced that it would not be accepting an appeal of a case involving the Bush Administration’s regulatory plan for reducing air mercury emissions from power plants.  For the last two decades, the regulation of mercury air pollution has been caught up in a long and winding journey reminiscent of Homer’s […]

The following is cross-posted by permission from Executive Watch, a blog maintained by the Duke Law School Public Law Program.   Every time the presidency has changed parties in recent years, the outgoing president has issued regulations in the final months of his presidency implementing policies at odds with the policies of the incoming president.  […]

Walk into any grocery store and you’ll find a barrage of labels on every product that proudly and loudly proclaims its ecofriendly pedigree: Organic!  Fair trade and shade-grown!  Local!  An article last week in the Wall Street Journal posits two of the latest entries into the fray: virtual water and water footprint.      Relatively new […]

Time Magazine has a piece this week on Cass Sunstein’s likely nomination to be the Obama Administration’s “regulatory czar” (director of the Office of Information and Regulatory Affairs) and the debate over the use of cost-benefit analysis it has touched off. Despite Professor Sunstein's progressive views on most issues, progressives are concerned that his methods […]

Milwaukee Journal-Sentinel reporters Susanne Rust and Meg Kissinger are about to pick up some well deserved hardware for their series on bisphenol A (BPA) – a plastic hardener that leaches from plastic when microwaved. The substance causes neurological and developmental hazards, but it is ubiquitous in food storage containers, including water bottles and baby bottles. […]