“The marijuana in that pipe was quite different from the black-market stuff I had smoked during college, when I could go through a whole bowl without experiencing the same effect. From my perspective, the Colorado cannabis was better, delivering a more pleasant experience in exchange for less effort and less exposure to combustion products. In that sense, it was also healthier.
Many politicians, by contrast, view stronger marijuana as ipso facto worse. Unimpressed by the minimization of respiratory hazards, they focus on contentious claims about the psychological impact of potent pot: It is more addictive, they say, or more likely to trigger psychotic reactions. They therefore want to legally restrict the potency of cannabis products sold by state-licensed retailers, which they claim will protect public health and safety.”
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“As long as consumers understand what they are getting, you might think, they can decide for themselves which products meet their tastes and preferences, and they can adjust their consumption accordingly: Just as drinkers tend to consume smaller volumes when they drink liquor than they do when they drink beer, cannabis consumers tend to stop when they achieve the effect they want, which means they take fewer puffs of stronger pot. But politicians who favor THC limits do not trust consumers to make those decisions.”
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“Vermont is the only state with a legal cap on THC content. Recreational stores have not opened there yet, but when they do they will not be allowed to sell flower that exceeds 30 percent THC or concentrates that exceed 60 percent.
A proposed limit in Florida, where marijuana is legal only for medical use, is far more onerous. It also would cap the THC content of concentrates at 60 percent, but it would limit flower to 10 percent. A bill to that effect was approved by a state House committee on a party-line vote last month; a similar Senate bill has not advanced yet.”
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“In Massachusetts, HD 2841 would likewise limit THC in flower to 10 percent”
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“A Montana bill described as “probably dead” would establish a 15 percent cap for all cannabis products.
In Colorado, state Rep. Yadira Caraveo (D–Adams County) this year wrote a bill that would have imposed the same 15-percent rule but shelved it in response to the uproar it provoked.”
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“Legislators who support such limits think potent pot appeals to many consumers, which is why they want to ban it. But if they are right, their proposals will invite a resurgence of the black market that legalization aims to displace.”
“On February 9, 2016 — the last Tuesday of Scalia’s life — the Supreme Court handed down an unexpected order announcing a stay of the Environmental Protection Agency’s carbon emissions rules for many power plants. The vote was 5-4, along party lines, with Scalia joining his fellow conservatives in the majority.
The environmental regulations blocked by this order were commonly known as the Clean Power Plan, and they were the Obama administration’s most ambitious effort to fight climate change. Had the Clean Power Plan taken effect, the EPA predicted that by 2030 it would have reduced overall carbon dioxide emissions from utility power plants 32 percent from where they were in 2005.
But the Clean Power Plan never took effect. Though the Supreme Court’s order halting the plan was temporary, Donald Trump’s 2016 victory all but ensured that it would not be revived. Even if the Trump administration hadn’t replaced this Obama-era policy with a significantly weaker rule, the appointment of Neil Gorsuch to fill Scalia’s vacant seat signaled the Supreme Court would be highly likely to strike down the Clean Power Plan permanently if given the chance.
The problem for Democrats is that the legal defeat of the Clean Power Plan is likely not a one-off. This fight over the federal government’s power to address a slow-moving catastrophe is just one battle in a multi-front war over federal agencies’ power to regulate. As Stephen Bannon, then the White House’s chief strategist, told the Conservative Political Action Conference a month after Trump took office, one of the Trump administration’s primary goals would be “deconstruction of the administrative state.””
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“It wasn’t always this way. In the late 1980s, Justice Scalia was one of the Court’s staunchest defenders of a strong administrative state. Presidents Ronald Reagan and George H.W. Bush delivered three landslide victories in a row to Republicans, and the GOP was at the apex of its ability to gain power the old-fashioned way — by winning elections.
So conservatives benefited from court decisions that gave the Reagan and Bush administrations broad leeway to set federal policy. Both administrations could use this leeway to deregulate.
But the right’s approach to federal agencies shifted drastically during the Obama administration. With the GOP’s grip on the presidency waning at the very same time that they had a firm hold on the judiciary, conservatives had an obvious interest in increasing the judiciary’s power to strike down new rules pushed by federal agencies.”
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“Congress is a slow-moving body, and federal laws are difficult to amend. If, in the 1970s, Congress had commanded power plants to use the best emissions reduction technology that existed at the time, it could have potentially locked these plants into using obsolete tech that is vastly inferior to the technology available now. At a minimum, Congress would have struggled to stay on top of new developments and to update this law as new methods of reducing emissions were invented.
For this reason, Congress may also regulate businesses in a second way. It can pass a law that lays out a broad federal policy but leave the details of how to implement that policy up to a federal agency. Often, such delegation means giving that agency a fair amount of authority to determine how businesses operate, so long as the agency uses this authority to advance the policy goal enacted by Congress.”
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“Ideally, laws like the Clean Air Act make complex lawmaking possible without having to sacrifice democratic accountability. Regulation allows our laws to be both democratic and dynamic. Such laws are democratic because the goals of federal policy — goals such as ensuring that power plants use the best emission reduction technology available — are still set by the people’s elected representatives in Congress. But they are dynamic because it allows federal rules to be updated without requiring Congress to enact a new law every time a new innovation is developed.”
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“the very idea that Congress should be free to delegate power in this way has many enemies within the conservative legal movement. In a 2016 opinion, for example, then-Judge Gorsuch wrote that two foundational Supreme Court decisions preserving agencies’ ability to regulate “permit executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.””
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“early American lawmakers — many of whom were the same people who drafted the Constitution — delegated tremendous power to executive branch officials.”
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“As a practical matter, when the Supreme Court hands down a vague and open-ended legal standard like the one Gorsuch articulated in his Gundy opinion, the Court is shifting power to itself. What does it mean for a statute to be “sufficiently definite and precise” that the public can “ascertain whether Congress’s guidance has been followed”?
The answer is that the courts — and, ultimately, the Supreme Court — will decide for themselves what this vague language means. The courts will gain a broad new power to strike down federal regulations, on the grounds that they exceed Congress’s power to delegate authority.”
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“If five justices get behind it, the nondelegation doctrine would give a Republican supermajority on the Supreme Court the ability to veto nearly any regulation handed down by a Democratic administration.”
“For 12 years, the 25 residents of a “tiny house” community known as Walden EcoVillage managed to live in peace with both nature and local zoning officials in the town of Peterborough, New Hampshire.
That peace ended on December 15, when the city ordered the eviction of all the community’s residents, whose diminutive dwellings, many of which were less than 400 square feet, offered an inexpensive but technically illegal housing option. An application from the village’s owner to add more units to the property had alerted planning officials to the fact that its cottages and casitas were not permitted as full-time residences. A site visit also discovered a host of building code violations, including supposedly dangerous wiring.”
“The guiding light of the Trump administration’s deregulatory efforts was Executive Order 13771. That 2017 order instituted the famous rule that regulators issue two deregulatory actions for every new regulatory action. It also created a system of accounting for the costs of new regulations and the cost savings of deregulatory actions. This was used to give federal departments regulatory budgets that limited the costs of new regulations they could impose, and often required them to find regulatory savings.
Using this measurement of regulatory savings, the Trump administration has been modestly successful at its goal of deregulating the economy, claiming $198 billion in eliminated regulatory costs. From fiscal years 2017–2019, the administration claims to have eliminated 3.6 rules for every new rule added. That ratio is 3.2 for fiscal year 2020.
Using other measurements, the Trump administration has been less successful. In some areas, they’ve done more to slow the growth of the administrative state without significantly reducing it. The length of the Code of Federal Regulations stayed essentially flat during Trump’s time in office, hovering at around 185,000 pages. The Mercatus Center’s tracker of restrictive words in the federal regulatory code comes to a similar result, finding that these words grew from 1.08 million at the beginning of Trump’s term to 1.09 million as of January 1, 2021.
Trump “leaves us with fewer regulations than Hillary Clinton would have—though not many fewer regulations than we had before,” summarizes Robert Verbruggen in a November National Review article.
One can expect this limited progress to be more than reversed under the new administration. Biden has already announced plans to reinstate Obama-era regulations that were pared back by the Trump administration.”
“The new regulations require utilities to clean up contaminants if they are found at high enough levels beyond the boundaries of their plant sites. By extending those boundaries through land purchases, Georgia Power could push back the day it has to deal with its legacy of pollution”
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“Georgia Power spokesperson John Kraft said in a recent statement that the purchased properties were intended for use as a construction buffer while the company closes its unlined ponds, a lengthy process that includes pumping water out of the disposal site and burying the remaining coal ash in place. He did not respond to direct questions about whether the purchased land would help the company delay cleanup costs.
He noted that the company, a subsidiary of the Southern Company, the nation’s second-largest energy provider, has hired experts to monitor test wells positioned around the ash ponds for signs of groundwater contamination. Based on the results of those tests, he added, the company “has identified no impact to drinking water.””
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“On Dec. 22, 2008, more than a billion gallons of a toxic slurry of coal ash and water breached a dike at the Tennessee Valley Authority’s Kingston Fossil Plant about 40 miles west of Knoxville. The wave — roughly five times the volume of liquid spilled by the Deepwater Horizon disaster in the Gulf of Mexico two years later — tore up railways, toppled power lines, knocked a home off its foundation and caked the Emory River in a thick, gray sludge.”
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“Utilities produce over 100 million tons of coal ash annually, according to the EPA, making it the nation’s second-largest source of industrial waste after household garbage.
Coal ash is the fine residue left when coal is burned to produce power. The ash contains contaminants associated with long-term health risks, including damage to the kidney (from mercury), stomach (from boron) and nervous system (from arsenic). To dispose of it, utilities can either transport the waste to a landfill with a protective liner on the bottom or mix it with water in an ash pond without a layer underneath.”
“The U.S. Nuclear Regulatory Commission last week approved a design application for the first domestic small commercial nuclear reactor. These types of reactors are smaller, simpler, cheaper, and feature more advanced safety systems than traditional reactor designs. It has the potential to generate enough electricity to power more than 50,000 homes.
The reactor design was submitted by NuScale Power, an Oregon company that plans to build at least a dozen small reactors by 2030 at a site in eastern Idaho. NuScale has received $288 million from the Department of Energy for the development of modular nuclear reactors, but a complex regulatory system for nuclear power means there’s a long way to go before construction can begin.
Utah Associated Municipal Power Systems—a consortium of 46 public utilities in six western states that plans to work with NuScale on the small reactor project— is now required to submit a combined construction and operating license application, and must complete an environmental analysis in compliance with the National Environmental Policy Act. Utah Associated spokesman LaVarr Webb told the Associated Press that he estimates these applications will likely take two years to prepare.”
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“NuScale submitted its 12,000-page application to the U.S Nuclear Regulatory Commission in 2017 and has responded to more than 1,500 formal requests from the commission for more information. There’s a reason that NuScale’s design is the first that the NRC has approved since 2014.
While NuScale is moving forward, NRC regulations seem to be discouraging innovation. Carrie Fosaaen, a licensing specialist at NuScale, told Science Magazine that the NRC regulations, strictly interpreted, would push NuScale towards just building a miniature version of a conventional reactor—rather than being able to incorporate the design improvements that make NuScale’s design safer than conventional reactors.
As more states shift away from generating electricity from fossil fuels, nuclear power should be part of the mix. California’s rolling blackouts show how an increased focus on renewable energy comes with a problematic lack of durability for the power grid. The sun and wind do not care about the demand for electricity. Sometimes the sun doesn’t shine, or there is no wind. Nuclear power, however, produces a consistent amount of electricity that can be dialed up or down to meet demand.”
“Take controlled burns: fires that are lit on purpose, intentionally burning tinder to keep potentially larger, unintentional wildfires from finding fuel. Especially since the 1960s, efforts to extinguish all fires—even natural, low-impact forest fires that serve as nature’s equivalent of a controlled burn—have made forests more susceptible to larger fires and have made controlled burns more and more necessary.
But the regulatory requirements one must meet before starting a controlled burn are complex and lengthy. According to Jonathan Wood, an attorney with the Pacific Legal Foundation and an adjunct fellow with the Property and Environment Research Center, the National Environmental Policy Act requires “a couple-thousand-page document analyzing every single conceivable impact to the environment that the plan might have.” This is a public process, Wood adds, that “often results in litigation.” There’s even more paperwork when the controlled burn might overlap with areas designated as critical habitat for an endangered species.
“What you’ll often find,” Wood says, “is that there are projects which have been extremely well-vetted, which have been years in the work, there will be a 5,000-page document, which no one could conceivably ever read because it’s so long and complicated, but then the project will still get put on hold for an indefinite period of time, because some special interest group filed a lawsuit.” So much time is spent considering the ramifications of an action; little is spent considering the impact of doing nothing.”
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“The Clean Air Act of 1990 creates another obstacle. The law treat the smoke from a controlled, prescribed burn as a pollutant that must be analyzed and permitted before the burn can be done. The smoke from a wildfire is not similarly scrutinized. But needless to say, the environmental impact of a multi-state wildfire is much larger than that of a smaller controlled burn.
There is no magic bullet when it comes to the issue of preventing wildfires. But if we want to stop disasters of the scale, state and federal governments need to rethink forest management. They could start by easing the regulatory burden upon proven techniques.”
“The new regulations address two broad categories of institutional obligations. The first is jurisdictional: When does a university have a responsibility, under Title IX, to take action? The second is substantive: When a university does take action, what must it do?
In terms of when a university must take action, the new regulations use a speech-protective definition of sexual harassment that mirrors the definition established by the Supreme Court in Davis v. Monroe County Board of Education (1999). Under the new rules, hostile environment sexual harassment is defined as “unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity.” This is a critically important provision because the previous administration had employed an overly broad definition—”any unwelcome conduct of a sexual nature”—that led students and faculty to be punished for speech and expression protected by the First Amendment. The regulations also make clear that Title IX prohibits physical sexual misconduct such as sexual assault, dating violence, domestic violence, and stalking.
The new regulations also make clear that universities must respond to any sexual harassment that takes place “in the school’s education program or activity.” This includes not only incidents that occur on school grounds, but also incidents that occur in contexts where the university has “substantial control,” including in buildings owned or controlled by recognized student organizations (such as fraternity houses.)
The regulations also contain a lot of information about how schools must conduct their Title IX grievance procedures. While Title IX has long required a “prompt and equitable” process, colleges’ handling of these cases in recent years has been anything but equitable. Ever since the 2011 Title IX Dear Colleague letter—which eliminated important procedural protections for the accused and ushered in an era of aggressive federal investigations that led schools to abandon even more due process protections—students have been forced to defend themselves in biased, inquisitorial proceedings, often with little to no information about what they allegedly did wrong.”
“Medical professionals are typically licensed on a state-by-state basis, so a doctor licensed in one state can’t practice in another without receiving an additional license. The patchwork of licensing requirements across states is a major obstacle to the use of telemedicine because physicians are generally only permitted to provide telemedicine services to patients in states where they are licensed.
States are recognizing the cost of these onerous regulations in light of the current crisis. Over the past few weeks, governors and medical boards in every state except for Alaska, Arkansas, and Minnesota have temporarily suspended their licensing rules to allow out-of-state physicians to work in their state. Most of them have also waived restrictions on the use of telemedicine across state lines.”
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“Some states are in greater need of physicians than others. On average, there are roughly 263 physicians per 100,000 people in the United States. But in Massachusetts, there are 449 physicians compared to just 191 in Mississippi. Moreover, the number of COVID-19 cases is expected to peak at different times in each state, so the peak demand for health care providers will vary. Allowing physicians to practice across state lines grants them flexibility to help where they are needed most.”
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“Beyond the current crisis, telemedicine has the potential to connect patients with specialists across the country. Telemedicine may also reduce inefficiencies that result from schedule gaps, unexpected appointment cancellations, and the uneven geographic distribution of physicians.
A growing, aging population is expected to generate a national shortage of nearly 220,000 physicians by 2032. As with the current distribution of physicians, shortages will not be evenly distributed across states. Regional projections from the Department of Health and Human Services (HHS) indicate that the Southeast will have a shortage of approximately 13,860 primary care physicians as early as 2025, while the Northeast will have a surplus of around 810 physicians. Telemedicine offers a solution, but states will need to reform their licensing laws for the technology to reach its full potential.”
“America is suffering from a shortage of almost everything it needs to combat the spread of COVID-19. Hospital beds, ventilators, gloves, and gowns are all in short supply.
That’s particularly true of the N95 masks that help medical professionals avoid catching and spreading the virus as they tend to patients. The N95 designation refers to the ability of these masks to filter out 95 percent of airborne particles.
In early March, the U.S. Department of Health and Human Services (HHS) said that the country’s stockpile of N95 masks was enough to meet about 1 percent of the three billion masks we would need during a true pandemic.”
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“government regulations are stifling the ability of manufacturers to set up new N95 mask production facilities—handicapping the private sector’s ability to respond to the current crisis.”
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“The production of N95 masks is regulated by the CDC’s National Institute for Occupational Safety and Health (NIOSH). Prospective makers of N95 masks must submit detailed written applications to NOISH, and send finished products to its Personal Protective Technology Laboratory for testing. NIOSH staff must also personally inspect new manufacturing sites before they’re allowed to start pumping out masks.
Chisholm says regulators have told the Open PPE Project that getting agency approval could take anywhere from 45 to 90 days.”
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“3M, one of the largest makers of N95 masks, says that it is producing 35 million respirators per month in the U.S. and that within 12 months it plans to double global production capacity to 2 billion masks a year. It also says it is exploring coalitions with other companies to expand mask production further.
Honeywell, another major mask manufacturer, claims it has more than doubled its mask production, according to The New York Times.
That’s a lot of masks, but nowhere near enough to meet the current demands of the country’s medical sector, let alone the demands of other essential workers and volunteers who are out in public right now, potentially dealing with sick people.”