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Showing 54 results

Thomas McGarity | July 28, 2010

The New Consumer Protection Agency and Bureaucratic Reality

Now that Congress has passed legislation creating a new Consumer Financial Protection Bureau in the Treasury Department, attention has shifted to how the Obama Administration will implement the new law. The issue of who President Obama should appoint to head the new agency is now front and center. Consumer groups and many members of Congress […]

Thomas McGarity | January 25, 2010

Why You Can’t Get Your Day in Court After a Train Disaster and What the Federal Railroad Administration Needs to Do About It

Cross-posted from ACSblog. The citizens of Minot, North Dakota suffered a grave injustice on January 18, 2002 when a train derailment bathed much of that small town in a toxic cloud of poisonous gas that killed one person and injured almost 1,500 others. A detailed investigation by the National Transportation Safety Board concluded that the […]

Thomas McGarity | October 13, 2009

Amendment on Consumer Financial Protection Could Block Citizens From Taking Banks to Court

The debate over whether Congress should create a Consumer Financial Protection Agency, as recommended by President Obama, has recently taken a disturbing turn. Apparently, some congressional Democrats have been receptive to complaints from the big national banks that the current bill does not preempt state laws and regulations that are more stringent than the regulations […]

Thomas McGarity | September 9, 2009

New FDA Database on Food Safety Has Good Potential. The Proof Will be in the Pudding

Yesterday, the Food and Drug Administration implemented a 2007 food safety statute by promulgating a rule requiring food manufacturers to report instances of foodborne diseases to an electronic database that the agency has just established (the Reportable Food Registry). This long-awaited database will help epidemiologists at the Centers for Disease Control, state health agencies and […]

Thomas McGarity | July 2, 2009

Waxman’s Food Safety Bill Would Go a Long Way Toward Fixing Regulatory Failures

On Wednesday, Representative Henry Waxman introduced a comprehensive “Food Safety Enhancement Act” (116-page discussion draft) to repair part of a federal food safety protection regime that has been badly broken for several decades. Waxman was joined by Representatives Diana DeGette, John Dingell, Frank Pallone, Bart Stupak, and Betty Sutton; the House Energy and Commerce Committee […]

Thomas McGarity | April 3, 2009

One More Thought on the Entergy Case and Cost-Benefit

On Wednesday, April 1, the Supreme Court issued its ruling in Entergy vs. EPA, holding that it was permissible for EPA to use cost-benefit analysis as its method of regulatory analysis in devising a regulation on power plant water intake structures.  Member Scholar Amy Sinden blogged on the decision that day, here.  Member Scholar Thomas […]

Thomas McGarity | November 7, 2008

Bush Administration Deregulatory Agenda Finishing Strong

Joining Thomas McGarity in this post are CPR Policy Analysts Margaret Clune Giblin and Matthew Shudtz.  This entry is cross-posted on ACSBlog, the blog of the American Constitution Society for Law and Policy. In the wake of the meltdown in the US financial sector, federal regulation has attracted renewed public support as a vehicle for […]

Thomas McGarity | November 3, 2008

The Wyeth Case

This morning, the U.S. Supreme Court will hear oral arguments in a case that could give a boost to the Bush Administration’s backdoor “tort reform” efforts – an increasingly transparent effort to shield industry from litigation over defective products. The issue in Wyeth v. Levine is whether the Food and Drug Administration’s labeling requirements preempt […]

Thomas McGarity | July 28, 2008

The Golden Arches Coffee Myth

You are right, Sid, that we hear lots of horror stories about so-called “frivolous litigation” and “runaway juries” from those who want to take away the right of ordinary citizens to hold big companies accountable for the damage caused by negligence and defective products. The stories are very effective in giving the public the impression that […]