Let’s Move! – But Not Toward Labeling GMOs

The U.S. Food and Drug Administration (FDA) recently proposed updates to the Nutrition Facts label. The amendments are aimed at “provid[ing] updated nutrition information on the label and improve[ing] how the nutrition information is presented to consumers.”[1] First Lady Michelle Obama has enthusiastically supported these revisions in connection with her Let’s Move! initiative: “Our guiding […]

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What are the “waters of the United States”? Re-defining or clarifying EPA’s jurisdiction under the Clean Water Act?

The Clean Water Act (CWA) is designed, “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” 33 U.S.C.A. § 1251. The Act declares an ambitious goal for the United States, “It is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;” Id. Unfortunately, […]

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Teslas’s Long Road to Direct Sales

On April 1st of this year, Tesla was banned from selling cars in New Jersey. Jim Appleton, the President of the New Jersey Coalition of Automobile Retails (NJ CAR) was riding high off the victory and could not stop himself from sticking a barb to Elon Musk, Tesla’s co-founder: “If you’re an internet billionaire, maybe […]

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Are Belizean Protected-Lands Safe From Oil?

Deforestation and habitat destruction in tropical rainforests have long been a concern for conservationists. The country of Belize has fared better than many countries in protecting its bio-diverse habitats; for instance, approximately 93 percent of Belize is covered by forests, housing more than 220 tree species and 350 species of birds.[i] Further, Belize has the […]

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Should agencies be allowed to issue interpretive rules without public input?

The Administrative Procedure Act (“APA”) states that agencies must engage in notice-and-comment rulemaking, a three-step process that requires agencies to notify and solicit public feedback, before promulgating a legally binding regulation.[i]  The APA does not, however, require notice-and-comment for “interpretative rules, general statements of policy, or rules of agency organization . . . or practice.”[ii]  […]

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