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Entries in Newsletter (1269)

Friday
Apr242015

CEI Today: Comcast/TWC merger, college value, and a labor union vs. its members 

Friday, April 24, 2015
In the News Today

 

COMCAST-TWC MERGER - WAYNE CREWS

 

Comcast-Time Warner Cable Merger Derailed

Thursday we’ve learned again that bureaucrats and their enormous kingdoms come before consumer welfare. 
 
The collapse of the Comcast-Time Warner Cable merger merely because of the interference of government, not because of actual market rejection, illustrates the overwhelming power of the modern state in undermining the advance of communications technologies and services specifically in this instance, and of free competitive enterprise generally. > Read more
 

GOING TO COLLEGE - CARRIE SHEFFIELD
 

Is College An Investment Or Consumption?


College pays off for many students, yet for others its expense and opportunity costs outweighs the benefits. There are many financial factors at play, including growing non-academic costs. > Read more 

> Interview Carrie Sheffield

 

LABOR UNION vs ITS MEMBERS - IVAN OSORIO

 

Theatrical Union Ignores Membership Vote to End Volunteering Exemption

The Actors’ Equity Association announced it would ditch a longstanding plan that allowed actors to volunteer at small theaters, ignoring the results of a non-binding referendum. Members voted against ending the exemption, known as the 99 Seat Theater Plan, by about a two-to-one margin. > Read more

> Interview Ivan Osorio



ARE STREETCARS AN ANSWER TO AMERICA’S URBAN TRANSPORTATION PROBLEMS?

 

Two experts on the subject  have two different

 opinions, including CEI's Marc Scribner. This NPC Newsmakers news conference is scheduled for Tuesday, May 5, 2015 at 10 a.m. in the club’s Zenger Room, on the 13th Floor of the National Press Building, 529 14th St. NW, Washington DC 20045. 

 






Realclearradio.org


Bloomberg Boston 1pm & 7pm ET
Bloomberg San Francisco at 10am & 4pm PT

 


 

 

    

 

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

 



White House Petition Asks President to Veto Online Gambling Ban
 

In order to receive a response from the White House the petition must receive 100,000 signatures by May 2. > Read more


 

The Man Who Brought Obamacare Back to the Supreme Court

 
 


Media Contacts: 202-331-2277
Annie Dwyer

Christine Hall
Mary Beth Gombita

Keara Vickers

CEI Issues:

Advancing Capitalism
Business & Gov't
Energy & Environment
Finance & Entrepreneurship
Health & Safety
Human Achievement Hour
Law & Constitution
Labor & Employment
Nanny State
Regulatory Reform
Risk & Consumer Freedom
Tech and Telecom
Trade and International
Transportation & Infrastructure

Sign Up for the Weekly Cooler Heads Digest!

A Friday afternoon e-newsletter on the latest energy and environment happenings. Sign up today!
 





 

Thursday
Apr232015

CEI Today: Your IRA/401(k), privacy vs. a cyber information bill, and EPA's Clean Power Plan 

Wednesday, April 22, 2015
In the News Today

 

YOUR IRA & 401(k) - JOHN BERLAU
 

Gruber's Disciples Gunning for Your IRA and 401(k)


The authors of sweeping new 444-page DOL regulation that would sharply curtail choices of assets and investment strategies in 401(k)s, IRAs and other savings plans appear to share Gruber’s mindset on the “stupidity of the American voter.”  > Read more

> Interview John Berlau

 

CYBER INFORMATION BILL 

 

Fix Cyber Information Sharing Bill, Free Market Groups Urge

The Competitive Enterprise Institute, TechFreedom and a coalition of free-market groups issued an open letter to Members of Congress, urging them to consider amendments to the National Cybersecurity Protection Advancement Act. The NCPAA intends to increase cyber security by facilitating greater sharing of potential cyber threats by private companies with each other and with government. But it also raises real privacy concerns. > Read more 
 

EPA CLEAN POWER PLAN - MARLO LEWIS

 

Would EPA’s Defeat in Clean Power Plan Case “Overthrow” the “Structure” of the Clean Air Act?
 

Would a victory for the State and industry petitioners who are challenging EPA’s Clean Power Plan “overthrow” the “structure” of the Clean Air Act and punch a “gaping hole” in public protections from dangerous air pollution?
 
That what’s EPA and environmental intervenors contend in Murray Energy v. EPA. They are peddling nonsense. > Read more



ARE STREETCARS AN ANSWER TO AMERICA’S URBAN TRANSPORTATION PROBLEMS?

 

Two experts on the subject  have two different

 opinions, including CEI's Marc Scribner. This NPC Newsmakers news conference is scheduled for Tuesday, May 5, 2015 at 10 a.m. in the club’s Zenger Room, on the 13th Floor of the National Press Building, 529 14th St. NW, Washington DC 20045. 

 






Realclearradio.org


Bloomberg Boston 1pm & 7pm ET
Bloomberg San Francisco at 10am & 4pm PT

 


 

 

    

 

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

 



White House Petition Asks President to Veto Online Gambling Ban
 

In order to receive a response from the White House the petition must receive 100,000 signatures by May 2. > Read more


 

The Man Who Brought Obamacare Back to the Supreme Court

 
 


Media Contacts: 202-331-2277
Annie Dwyer

Christine Hall
Mary Beth Gombita

Keara Vickers

CEI Issues:

Advancing Capitalism
Business & Gov't
Energy & Environment
Finance & Entrepreneurship
Health & Safety
Human Achievement Hour
Law & Constitution
Labor & Employment
Nanny State
Regulatory Reform
Risk & Consumer Freedom
Tech and Telecom
Trade and International
Transportation & Infrastructure

Sign Up for the Weekly Cooler Heads Digest!

A Friday afternoon e-newsletter on the latest energy and environment happenings. Sign up today!
 





 

Monday
Apr202015

CEI Today: Obamacare subsidies, Big Labor's lawsuit, EPA's Clean Power Plan, GMO apples, and more 

Monday, April 20, 2015
In the News Today

 

OBAMACARE SUBSIDIES - SCOT VORSE

 

New Report Shows States Had Serious Questions about Obamacare Tax Credits in 2011

A new CEI report shows many states knew as early as 2011 that they might not receive tax credits if they opted out of establishing a state-based health insurance exchange. Whether nonparticipating states had adequate knowledge that they were putting their Obamacare subsidies at risk is a critical question in CEI’s Supreme Court case, King v. Burwell.  > Read more
 

LAWSUIT AGAINST McDONALD'S - ALOYSIUS HOGAN

Press of Atlantic City: The NLRB's emerging, disastrous joint-employer cases

The National Labor Relations Board is hearing more than 60 consolidated lawsuits brought by unions and union-affiliated groups against McDonald's and several of its fast-food franchisees. The suits claim franchisor McDonald's USA and certain franchisees jointly employed and retaliated against protesting pro-union workers. Thousands of small businesses - and jobs - are on the line as this rogue federal agency puts on trial many tried-and-true American business practices, including franchising, temporary staffing, outsourcing, sourcing and contracting. > Read more

> Interview Aloysius Hogan

 

EPA CLEAN POWER PLAN - WILLIAM YEATMAN

 

Preposterous Claim That Clean Power Plan Lowers Energy Bills
 

OAR chief Janet McCabe claimed before Congress that the Clean Power Plan would reduce energy bills. Her evidence for this claim was to cite the New England experience. This is just bizarre. In fact, one of the big energy stories this winter was…the energy crisis in New England! Energy bills “skyrocketed” in the region, because New England States over the last decade went too green, too fast. > Read more 

GMO APPLES - GREG CONKO


Feds Approve Genetically Modified Apples

 
“Arctic apples,” apples genetically modified to keep from turning brown when sliced or bruised, were approved by the U.S. Department of Agriculture (USDA) for commercial planting on February 13. The USDA found Arctic apple are safe to plant and nutritionally equivalent to other apples. Arctic apples are special for a number of reasons, says Greg Conko, executive director of the Competitive Enterprise Institute.  > Read more

 

> Interview Greg Conko
 



ARE STREETCARS AN ANSWER TO AMERICA’S URBAN TRANSPORTATION PROBLEMS?

 

Two experts on the subject  have two different

 opinions, including CEI's Marc Scribner. This NPC Newsmakers news conference is scheduled for Tuesday, May 5, 2015 at 10 a.m. in the club’s Zenger Room, on the 13th Floor of the National Press Building, 529 14th St. NW, Washington DC 20045. 

 






Realclearradio.org


Bloomberg Boston 1pm & 7pm ET
Bloomberg San Francisco at 10am & 4pm PT

 


 

 

    

 

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

 



White House Petition Asks President to Veto Online Gambling Ban
 

In order to receive a response from the White House the petition must receive 100,000 signatures by May 2. > Read more


 

The Man Who Brought Obamacare Back to the Supreme Court

 
 


Media Contacts: 202-331-2277
Annie Dwyer

Christine Hall
Mary Beth Hutchins

Keara Vickers

CEI Issues:

Advancing Capitalism
Business & Gov't
Energy & Environment
Finance & Entrepreneurship
Health & Safety
Human Achievement Hour
Law & Constitution
Labor & Employment
Nanny State
Regulatory Reform
Risk & Consumer Freedom
Tech and Telecom
Trade and International
Transportation & Infrastructure

Sign Up for the Weekly Cooler Heads Digest!

A Friday afternoon e-newsletter on the latest energy and environment happenings. Sign up today!
 





 

Saturday
Apr182015

Cooler Heads Digest 17 April 2015 

17 April 2015

In the News

Al Gore: Poor People Don’t Need Coal
Michael Bastasch, Daily Caller, 17 April 2015

Environmentalists’ Civil War
Robert Bryce, National Review, 17 April 2015

Five Hidden Ways You’re Paying To Subsidize Green Power
Brian Potts, Weekly Standard, 17 April 2015

Judith Curry vs. Climate Alarmism (Jon & Jerry—Are You Listening?)
Robert Bradley, Jr., Master Resource, 16 April 2015

Obama’s Illegal Coal Regulations Must Be Stopped
West Virginia Attorney General Patrick Morrissey, Washington Examiner, 16 April 2015

Steyer Nonprofit Owns Stake in Green Energy Investment Firm
Lachlan Markay, Washington Free Beacon, 15 April 2015

Obama Administration Worries about Environmental Effect of Keystone Oil, Not Iranian Oil
David Kreutzer, The Daily Signal, 14 April 2015

German Backlash Grows against Coal Power Clampdown
Arthur Neslen, Guardian, 14 April 2015

Rebranding EPA’s Clean Air Agenda
Chris Horner, Washington Times, 13 April 2015

What’s the True Cost of Wind Power?
Randy Simmons, Newsweek, 11 April 2015

News You Can Use
“Clean Power” Plan Would Cost about 300,000 Jobs

According to a report by the American Action Forum, job losses from EPA’s “Clean Power” Plan could be as high as 296,000 through 2030.

Inside the Beltway
William Yeatman

Oral Arguments on Challenge to EPA’s "Clean Power" Plan

On Thursday morning, 16th April, I attended the oral arguments in the challenge brought by Ohio-based Murray Energy and 15 intervenor States to EPA’s “Clean Power” Plan before the D.C. Circuit Court of Appeals.

The petitioners face a high bar to demonstrate they are properly before the court, because the “Clean Power” Plan is only a proposed rule, and the court has jurisdiction over only final agency rules. In fact, the court has never before overturned a proposed rule.

In making the case that the court has jurisdiction to judge their complaint, the petitioners invoke the All Writs Act, an 18th century statute that empowers federal courts to issue “necessary and appropriate” injunctions where “gaps” in a statutory scheme pervert the ends of justice. Courts very rarely have exercised their All Writs Act authority, which is reserved for extraordinary, unprovided-for cases. The challengers argue that EPA’s “Clean Power” Plan represents just such a case, for two reasons.

  • First, state regulators and utilities have no choice but to start complying with the proposed “Clean Power” Plan now, even though it’s only a proposed rule, because they are capital-intensive businesses that must plan years in advance. This has never before been the case with respect to any EPA proposal.
  • Second, EPA doesn’t have the authority to begin with. (For more on this complicated argument, see here and here).

Thus, they argue that an All Writs Act injunction is necessary to prevent States and utilities from having to continue to spend considerable resources planning for a proposed mandate that the EPA doesn’t have the power to issue in the first place. They are requesting an extraordinary writ for extraordinary circumstances.

At oral arguments, Judge Thomas Griffith seemed wary of the petitioner’s arguments, for fear of opening the floodgates to challenges of proposed rules. Judge Karen Henderson, on the other hand, seemed sympathetic to claims made by Murray Energy and the intervenor States.

Judge Brett Kavanaugh’s position seemed to be somewhere in-between those of his colleagues. However, he pursued a line of reasoning about the timing of the “Clean Power” Plan that suggested to me that he was leaning towards EPA’s position. During rebuttal arguments, Judge Kavanaugh noted that any decision by the court likely would be rendered during the summer, which is roughly the same time that the final “Clean Power” Plan is due. He then explained that challengers to the rule may seek an injunction to stay the “Clean Power” Plan immediately after the rule goes final. And if the regulation does indeed represent an extraordinary scenario, then the petitioners request would have a high probability of success. He concluded that such an alternative remedy (i.e., a stay of the final rule) would be available to opponents of the regulation only weeks after a decision was rendered on the Murray Energy case. His reasoning seemed to be: Why would the court adopt an extraordinary response (by siding with the petitioners), when it could wait a few weeks and achieve the same result through normal channels?

That said, prognosticating outcomes on the basis of oral arguments is a fool’s errand. We’ll find out what the judges actually think some time in the next three months.

Notable House Hearings

On April 14th, EPA Office of Air and Radiation chief Janet McCabe testified before a House Energy and Commerce subcommittee on draft legislation that would allow States to “opt out” of the “Clean Power” Plan. She did not acquit herself well. For more, see:

On April 15th, the House Science, Space, and Technology Committee held a hearing on The President’s UN Climate Pledge–Scientifically Justified or a New Tax on Americans? In diplomatic lingo, the hearing focused on the administration’s “Intended Nationally-Determined Contribution” (INDC) for the December 2015 COP 21 climate conference in Paris. For a recap, see

Across the States
William Yeatman

EPA Proposes Unprecedented 55th Takeover of State Regulatory Program

EPA last week proposed to take over Arkansas’s Regional Haze program and thereby impose more than $1 billion in costs on five coal-fired power plants, in order to achieve an “improvement” in visibility that is imperceptible. This would be EPA’s 55th federal implementation plan imposed during the Obama administration. By contrast, EPA imposed 5 total FIPs during the previous three presidential administrations (i.e., Clinton, Bush I, and Bush II).

Around the World
Myron Ebell

Vatican Announces Climate Summit for April 28

The Vatican announced on 14th April that it will hold a one-day conference on 28th April on climate change and sustainable development titled, “Protect the Earth, Dignify Humanity: The Moral Dimensions of Climate Change and Sustainable Development.”  Speakers will include Ban Ki-moon, Secretary General of the United Nations, and Jeffrey Sachs, Columbia University economics professor, director of Columbia’s Earth Institute, and director of the UN Sustainable Development Solutions Network.  Leading representatives of other major religions and prominent climate scientists will also be invited to speak. 

According to the Vatican’s press release, “the goal of this summit is to raise awareness and build a consensus that the values of sustainable development cohere with values of the leading religious traditions, with a special focus on the most vulnerable; to elevate the debate on the moral dimensions of protecting the environment in advance of the papal encyclical; and to help build a global movement across all religions for sustainable development and climate change throughout 2015 and beyond.” 

The press release continues: “The desired outcome is a joint statement on the moral and religious imperative of sustainable development, highlighting the intrinsic connection between respect for the environment and respect for people – especially the poor, the excluded, victims of human trafficking and modern slavery, children, and future generations.”

Pope Francis is scheduled to release an encyclical on climate change some time before he attends the second United Nations climate summit of world leaders in New York City in September.  The Pope will also address a joint session of Congress during his visit to the United States, where he is also expected to speak about climate change.

The Cooler Heads Digest is the weekly e-mail publication of the Cooler Heads Coalition. For the latest news and commentary, check out the Coalition’s website, www.GlobalWarming.org.

 

Friday
Apr172015

CEI Today: Obamacare subsidies, Ex-Im Bank, and EPA's Clean Power Plan in court 

Friday, April 17, 2015
In the News Today

 

OBAMACARE SUBSIDIES - SCOT VORSE

 

New Report Shows States Had Serious Questions about Obamacare Tax Credits in 2011

A new CEI report shows many states knew as early as 2011 that they might not receive tax credits if they opted out of establishing a state-based health insurance exchange. Whether nonparticipating states had adequate knowledge that they were putting their Obamacare subsidies at risk is a critical question in CEI’s Supreme Court case, King v. Burwell.  > Read more 
 

EXPORT-IMPORT BANK - RYAN YOUNG


Fiduciary rule elicits mixed reactions

 
This week, the House Financial Services Committee held a hearing, where Ex-Im head Fred Hochberg defended his agency from Chairman Jeb Hensarling (R-TX), who wants to close the bank. Also this week, the Justice Department charged former Ex-Im employee Johnny Gutierrez with bribery.  > Read more 

 

> Interview Ryan Young 
 

EPA CLEAN POWER PLAN - WILLIAM YEATMAN

 

CEI's William Yeatman on the Murray Energy Challenge to the Clean Power Plan
 

This week, oral argument in the Murray Energy case against the Environmental Protection Agency (EPA) took place before the U.S. Court of Appeals for the District of Columbia. CEI's William Yeatman said: "In making the case that the court has jurisdiction to hear their challenge, Murray Energy and the interveners on their behalf advance two premises: First, that EPA doesn’t have the authority to issue the Clean Power Plan (CPP) to begin with. Second, that state regulators and utilities have no choice but to start complying with the proposed Clean Power Plan now, because they are capital-intensive businesses that must plan years in advance." > Read more






Realclearradio.org


Bloomberg Boston 1pm & 7pm ET
Bloomberg San Francisco at 10am & 4pm PT

 


 

 

    

 

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

 



White House Petition Asks President to Veto Online Gambling Ban
 

In order to receive a response from the White House the petition must receive 100,000 signatures by May 2. > Read more


 

The Man Who Brought Obamacare Back to the Supreme Court

 
 


Media Contacts: 202-331-2277
Annie Dwyer

Christine Hall
Mary Beth Hutchins

Keara Vickers

CEI Issues:

Advancing Capitalism
Business & Gov't
Energy & Environment
Finance & Entrepreneurship
Health & Safety
Human Achievement Hour
Law & Constitution
Labor & Employment
Nanny State
Regulatory Reform
Risk & Consumer Freedom
Tech and Telecom
Trade and International
Transportation & Infrastructure

Sign Up for the Weekly Cooler Heads Digest!

A Friday afternoon e-newsletter on the latest energy and environment happenings. Sign up today!