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Lisa Heinzerling | June 11, 2013

The Obama Administration’s Plan B for Plan B: Compliance, or Defiance?

The Obama Administration’s announcement that it will comply with a district court’s order that it make emergency contraceptives available to all women and girls without a prescription comes as a welcome development in a long-running administrative-law fiasco. But the Administration’s specific suggestions as to how it will set things right, set forth in letters sent yesterday […]

Lisa Heinzerling | June 11, 2013

EPA’s Formaldehyde Rule: The Mystery of the Shrinking Benefits

Why does the White House take so long to review rules from the regulatory agencies?  As I have documented elsewhere, many rules have been stuck at the White House’s Office of Information and Regulatory Affairs (OIRA) for years.  Some of these remain there to this day.  What is the White House doing for the months […]

Lisa Heinzerling | May 29, 2013

The FDA Doubles Down On Its Plan B Troubles

Cross-posted on ACSBlog. A panel of the Second Circuit Court of Appeals in New York has just taken under consideration the Food and Drug Administration’s motion for a stay of a district court order directing the agency to make levonorgestrel-based emergency contraceptives available to women and girls of any age without a prescription and without […]

Matt Shudtz | May 3, 2013

Large OSHA Fine for Poultry Processor Highlights Flaw in USDA Proposal to Revise Inspection System

Just days before The Washington Post’s Kimberly Kindy published her eye-opening story of chemical showers in chicken processing plants and the untimely death of a federal food safety inspector, OSHA announced fines totaling $58,775 in a case involving a worker fatality at another chicken processing plant – this one in Canton, Georgia. According to OSHA’s press […]

Matthew Freeman | April 29, 2013

Tom McGarity Op-Ed in the Christian Science Monitor: Feeble Oversight in West, Texas, Was No Accident

CPR’s Tom McGarity has an op-ed in this morning’s Christian Science Monitor describing the regulatory environment in which that West, Texas, fertilizer plant came to have a large stockpile of explosive material while operating with little or no oversight from state or federal authorities. An April 17 explosion at the plant claimed at least 15 […]

Matt Shudtz | April 10, 2013

President’s Proposed Budget Assumes Savings from Finalizing Proposed USDA Poultry Inspection Rule That Would Be Harmful to Food Safety, Workers, and the Environment

For more than a year now, food safety and worker safety advocates have been fighting a proposal out of USDA’s Food Safety Inspection Service that would pull most government inspectors off poultry slaughter lines in favor of potentially un-trained company inspectors, speed up the lines, and allow companies to use additional antimicrobial chemicals to cover […]

Adam Finkel | April 5, 2013

Updating OSHA Inspection Policies

This post originally appeared on Harvard Law School’s Bill of Health and on RegBlog and is cross-posted with permisison. For many of the federal agencies that promulgate and enforce regulations to protect public health, safety, and the environment, the era of “big government” never even began.  The U.S. Occupational Safety and Health Administration (OSHA) is a prime example: the […]

Thomas McGarity | March 12, 2013

Another Skirmish in the Preemption War: Does FDA Approval Trump Strict Liability?

Next Tuesday, the Supreme Court will hear oral arguments in Mutual Pharmaceutical Co. v. Bartlett, a case that raises once again the troubling question of whether federal regulatory agencies should trump local juries in common law tort actions.  The precise question at issue is whether the fact that the federal Food and Drug Administration (FDA) […]

Michael Patoka | March 8, 2013

New Report Reveals Human Toll of Relentless Line Speeds in Poultry Plants, as USDA Prepares to Crank Them Up Even Further

A report released yesterday by the Southern Poverty Law Center (SPLC) and the Alabama Appleseed Center for Law and Justice offers a devastating glimpse into the world of Alabama poultry workers.  Forced to hang, fold, gut, or slice more than 100 carcasses each minute, these workers suffer injuries at astounding rates:  of the 302 workers […]