Tag Archive: Administrative Law


Sig And ATF Submit Final Arguments In Silencer Lawsuit

 

 

 

” Is Sig Sauer trying to wiggle around regulation or are regulators ruling on arbitrary and capricious logic? Those are the questions Sig and the Bureau of Alcohol, Tobacco, Firearms and Explosives answer in their final motions in a lawsuit over classifying a Sig muzzle device.

  On paper, the New Hampshire-based company claimed the item was a muzzle brake, but the ATF classified it as a silencer, which would subject ownership and manufacturing of the item to strict regulations.

  Sig filed suit in a New Hampshire federal court April 2014 after contesting the ruling for a year. Although legal arguments quickly plateaued, public interest in the case grew as some gun rights advocates began to see the case as corporate advocacy — an effort to undermine laws regulating silencers.

  However, Sig’s attorney, Stephen Halbrook, said the company aims to simply challenge a regulator that “overreaches” how it interprets legal definitions.”

More at Guns.com

Courtesy Of Sen Mike Lee

 

 

” In 2014, 3,291 pages of new laws were passed by Congress – the branch of government with the constitutional authority to make law – and signed by the president. During this same period, unelected bureaucrats at dozens of federal departments and agencies issued 79,066 pages of new and updated regulations.

  These rules – many that are are inefficient, ineffective, and excessive – continue to limit the ability of small businesses and workers to succeed, rig the system to benefit connected insiders, and hurt hardworking American families through higher costs and limited options in the marketplace. Yet, despite the very real negative effects on our economy, the American people are unable to hold the unelected bureaucrats who make these rules accountable.

Congress cedes far too much lawmaking authority to the executive branch. I look forward to turning this trend around in the 114th Congress to ensure that the ones making the laws are the ones who can be held accountable by the American people.

Visit www.lee.senate.gov to share your ideas for regulatory reform. “

Regulation: This Is What The First Two Months Of A ‘Year Of Action’ Look Like

 

 

 

” President Barack Obama has promised that 2014 will be a “year of action,” during which Administration officials will do everything possible to avoid Congressional hurdles in furthering the White House’s policy agenda. Signaling that the Administration is poised to make good on Obama’s promise, the Federal government added 56 finalized regulations and 1,516 new pages to the Federal Register last week.”

 

 

” The 2014 Federal Register has mushroomed to 9,079 pages in the year’s first two months. If government continued enacting new rules at its current pace, the Register will accumulate 73,218 pages by 2015. According to CEI, that would actually be the lowest number of new pages added to the Register in the past five years.”

 

   Yet according to the article if the seemingly blistering pace of 4500 +/- new pages of regulations per month is maintained through the course of the year , it would constitute the LEAST active year in the past five … Un-F-ing believable .

 

 

 

 

 

 

Time To End The ‘Secret Science’ At The EPA

 

 

 

” Here’s an interesting fact: Scientists hoping to be published in the journal Science are told in advance that they must agree to make available “all data necessary to understand and assess the conclusions of the manuscript.” The stipulation is commonplace in the scientific and academic communities, where research results must be transparent and reproducible to be credible.

  That’s supposed to be the way it is for the federal government, too. Here’s how the policy is described by the Administrative Conference of the United States: Federal officials are expected, to the maximum extent possible, to “identify and make publicly available (on the agency website or some other widely available forum) references to the scientific literature, underlying data, models, and research results that it considered. In so doing, the agency should list all information upon which it relied in reaching its conclusions, as well as any information material to the scientific analysis that it considered but upon which it ultimately did not rely.”

  Unfortunately, “secret science” is the norm at the Environmental Protection Agency, according to witnesses at Tuesday’s hearing of a subcommittee of the House Science, Space and Technology Committee. As the committee’s chairman, Rep. Lamar Smith of Texas, said, “Transparency and independent verification are basic tenants of science and must inform sound environmental policy. When the EPA does not follow these basic steps, it fails in its obligation to the American people and raises suspicions about whether its regulations can be justified.” “

 

   The notion of transparency in government has amounted to nothing but talk in recent years and nowhere is that more evident than in the regulatory morass that is Obama’s EPA . As the Wall Street Journal notes :

 

” The federal government has no business justifying regulations with secret information. This principle has been supported by two of the president’s own science and technology advisers, John Holdren and Deborah Swackhamer. “The data on which regulatory decisions and other decisions are based should be made available to the committee and should be made public,” said Dr. Holdren in testimony before the committee last year. Executive-branch rules dating to the Clinton administration require that federally funded research data be made publicly available, especially if it is used for regulatory purposes.”

 

   While the rules are plain enough , even for government workers to understand , transparency is difficult if not impossible to come by in the world of the EPA .

 

 

 

 

 

 

 

Shhh. The President Is Sleeping

 

 

 

” President Barack Obama is out of gas. Pooped out. Gone fishing. Or rather, golfing. He’s just not that into it anymore. The republic is safe from any further vast left-wing legislative prescriptions for our ills.

  But Obama’s increasing job fatigue is, paradoxically, cause for serious concern. While he sits back, aides in the White House and in the agencies are busy enacting a stealth agenda of rules and regulations. And on the world stage, Washington’s withdrawal threatens national security.

  The president on display at Tuesday’s State of the Union is one who has shrunk from the pretension of becoming a president on the order of Ronald Reagan or Franklin Roosevelt into the purveyor of a list of puny policies that tinker at the margins.

  Instead of offering “fundamental change” and inspirational hope, Obama made increasing the minimum wage for federal contractors the centerpiece of this year’s address. The increasingly disinterested president even had trouble pronouncing the name of his other “big idea,” a limited savings vehicle the White House is calling a “MyRA.”

  Major issues like debt, deficit and entitlements? Fuhgetaboutit, way too much bother.”

 

 

Leadership having never been his forte , it all comes down to passing the buck and laying blame . 

 

 

” Obama and his advisers grieve to a sympathetic press that Republicans are to blame for the impasse in Congress. This even as “moderate Democrat” has become an oxymoron and the president touts his crowning left-wing achievement, Obamacare, which he jammed through Congress without convincing a single Republican — they can’t all be right-wing “extremists” — to vote for it.”

 

 

 

 

 

 

“I won” isn’t a successful governing strategy 

 

 

” A republic is intended to be a fractious form of government. Successful legislators, like Reagan and Bill Clinton, knew how to hold their own party’s ranks while picking off enough of the opposition to pass laws.

  Obama was never particularly interested in building the relationships needed to curry favor, call in chits and twist arms. But now, he’s finished even pretending.”

 

 

 

      As comforting as the thought of an ineffectual President Obama is , it needs to be tempered against the frightening reality that the bureaucrats , regulators and administrators that he has put in place over the past five years are firmly entrenched and churning out decrees , mandates and edicts at an alarming rate . Read the whole thing .

 

 

 

 

 

 

ELECTION OVER, ADMINISTRATION UNLEASHES NEW RULES

 

 

 

 

 

” WASHINGTON (AP) — While the “fiscal cliff” of looming tax increases and spending cuts dominates political conversation in Washington, some Republicans and business groups see signs of a “regulatory cliff” that they say could be just as damaging to the economy.

For months, federal agencies and the White House have sidetracked dozens of major regulations that cover everything from power plant pollution to workplace safety to a crackdown on Wall Street.

The rules had been largely put on hold during the presidential campaign as the White House sought to quiet Republican charges that President Barack Obama was an overzealous regulator who is killing U.S. jobs.

But since the election, the Obama administration has quietly reopened the regulations pipeline.”

 

 

Illustration By Steve Rustad