Tag Archives: regulatory affairs

The Truth About Video Games and Gun Violence

Mother Jones

It was one of the most brutal video games imaginable—players used cars to murder people in broad daylight. Parents were outraged, and behavioral experts warned of real-world carnage. “In this game a player takes the first step to creating violence,” a psychologist from the National Safety Council told the New York Times. “And I shudder to think what will come next if this is encouraged. It’ll be pretty gory.”

To earn points, Death Race encouraged players to mow down pedestrians. Given that it was 1976, those pedestrians were little pixel-gremlins in a 2-D black-and-white universe that bore almost no recognizable likeness to real people.

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The Truth About Video Games and Gun Violence

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Buying Plan B Will No Longer Require an ID or a Prescription

Mother Jones

The Obama administration did an about-face on emergency contraception Monday evening, announcing that it will allow women to obtain Plan B One-Step over the counter without age restrictions or ID requirements.

Last month, the Department of Justice had appealed an April 5 ruling by US District Court Judge Edward R. Korman, who said the Food and Drug Administration should make all forms of levonorgestrel-based emergency contraception, or EC, available over the counter to all women, regardless of age. Here’s the letter the DOJ sent Korman on Monday:

We write to advise the Court that the Food and Drug Administration (FDA) and the Department of Health and Human Services (HHS) have complied with the Court’s April 10, 2013, judgment in the above-referenced case by granting the 2001 Citizen Petition and making Plan B One-Step (PBOS) available over-the-counter (OTC) without age or point-of-sale restrictions as described below. It is the government’s understanding that this course of action fully complies with the Court’s judgment in this action. Once the Court confirms that the government’s understanding is correct, the government intends to file with the Circuit Court notice that it is voluntarily withdrawing its appeal in this matter.

The Center for Reproductive Rights, which had sued the administration to force universal availability of EC, welcomed the change, but noted that it still does not go far enough. “Now that the appeals court has forced the federal government’s hand, the FDA is finally taking a significant step forward,” said the group’s president, Nancy Northup. “But the Obama Administration continues to unjustifiably deny the same wide availability for generic, more affordable brands of emergency contraception.”

Northup added that CRR “will continue to fight for fair treatment for women who want and need more affordable options.”

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Buying Plan B Will No Longer Require an ID or a Prescription

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WATCH: What If Regular People Tried Using Apple’s Tax Tricks? Fiore Cartoon

Mother Jones

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Mark Fiore is a Pulitzer Prize-winning editorial cartoonist and animator whose work has appeared in the Washington Post, the Los Angeles Times, the San Francisco Examiner, and dozens of other publications. He is an active member of the American Association of Editorial Cartoonists, and has a website featuring his work.

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WATCH: What If Regular People Tried Using Apple’s Tax Tricks? Fiore Cartoon

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Court: Some Types of Emergency Contraception Must Be Available Over the Counter ASAP

Mother Jones

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An appeals court has ordered the Obama administration to make at least some forms of emergency contraception (EC) available over the counter immediately.

There are two types of EC, a.k.a. the “morning after pill”—one that has two separate pills that contain hormones to prevent pregnancy, and another that requires only one pill. A three-judge panel of the Second Circuit Court of Appeals ruled Wednesday that varieties of EC that are sold as two separate pills need to be made available over the counter to everyone immediately. The availability of the one-pill variety will be determined after the full appeal is heard later this year.

Judge Edward R. Korman ruled in April that emergency contraception should be made available to everyone—without a prescription and regardless of age—within a month. The Obama administration appealed that ruling and asked Korman to delay its implementation. Korman refused, calling the administration’s argument “something out of an alternate reality.” After that, the Obama administration asked the appeals court to delay implementation of Korman’s ruling. That’s what led to Wednesday’s decision, when the appeals court said it wouldn’t delay Korman’s ruling as it applied to two-pill EC, but would postpone a final decision on the one-pill products.

Although they were surely hoping that an appeals court would just deny the administration’s request in its entirety, reproductive rights groups were pleased with Wednesday’s decision. The decision means that, for the first time, some form of emergency contraception will be available over-the-counter for all women. “Finally, after more than a decade of politically motivated delays, women will no longer have to endure intrusive, onerous, and medically unnecessary restrictions to get emergency contraception,” said Nancy Northup, president of the Center for Reproductive Rights, which filed the original suit against the FDA, in a statement.

But this does mean that, for now, Plan B One-Step—the most common form of one-pill emergency contraception—will be available over-the-counter only to women ages 15 and over who have government-issued ID to prove their age. And generic brands of one-pill EC will be available over-the-counter only for women ages 17 and over with ID. Confusing, right?

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Court: Some Types of Emergency Contraception Must Be Available Over the Counter ASAP

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The 6 Weirdest Things Found in the EPA Warehouse

Mother Jones

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The Environmental Protection Agency’s Inspector General released a report on Monday on the agency’s Landover, Maryland warehouse. The 70,000-square-foot facility is used to store inventory from the EPA’s Washington headquarters, but what the inspectors found basically sounds like a cross between a frat house and your grandma’s attic.

Here are the six weirdest things discovered in the warehouse:

multiple “unauthorized personal spaces” that were “arranged so that they were out of sight of security cameras” and included televisions, refrigerators, radios, microwaves, couches, pin ups, clothing, books, magazines and videos
two pianos
new appliances received in 2007 still in the original packaging
dirt, dust and vermin feces were “pervasive,” and several items were described as “rotting and potentially hazardous”
an exercise space that included weights, machines, and other exercise equipment that, unlike most of the rest of the warehouse, “appeared to be well maintained”; the report also noted that “agency steno pads were used for recording workouts”
a big box of old passports

(h/t National Journal)

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The 6 Weirdest Things Found in the EPA Warehouse

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Lautenberg Leaves Legacy on Chemical Reform

Mother Jones

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Frank Lautenberg, a five-term senator from New Jersey, died Monday at age 89. All over the internet, obituaries for the long-serving progressive note the issues he took up during his tenure, but one that often goes unnoticed is his work to overhaul chemical safety rules. For years, Lautenberg was the leading voice in the effort to reform the Toxic Substance Control Act, or TSCA, a 37-year-old law governing tens of thousands of chemicals.

Less than two weeks ago, Lautenberg unveiled a bipartisan reform bill that would have made some significant changes to the outdated—and many would say, dangerous—chemical rules. The bill was criticized by many in the environmental group as being too weak, especially as compared to bills that Lautenberg had introduced independently in the past. Still, chemical reform will be a legacy issue for Lautenberg.

“He was the person who really started the national conversation on reforming our chemical policies,” said Andy Igrejas, executive director of Safer Chemicals, Healthy Families, a coalition public health, environment, business and labor groups working on TSCA reform. “He’s been a real stalwart, a champion.” Despite being in poor health, Lautenberg had continued working on the bill he released in May. “Even as late as last week he was down in DC pushing it forward, crafting it, trying to get bipartisan support,” said Igrejas.

“He wasn’t someone who scared easily,” Igrejas continued. “A lot of politicians want to do the right thing, but in the face of a major lobbying effort by big money interests, they fold. He had the courage to really stick with big issues.”

Frances Beinecke, president of the Natural Resources Defense Council, also lauded his past work on chemicals: “Perhaps his most enduring achievement was to help inform and protect the public from the harm of toxic chemicals, including creating the nation’s toxic right-to-know law, establishing the US Chemical Safety Board and pushing for greater security at chemical plants.”

Lautenberg is also remember for his work on other public health issues, such as alcohol and tobacco.

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Lautenberg Leaves Legacy on Chemical Reform

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Exploding Trains, Explained

Mother Jones

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A train and a garbage truck collided outside of Baltimore on Tuesday evening, resulting in a large explosion that released smoke that could be seen miles away. CSX, the train’s operator, confirmed that the train was carrying hazardous chemicals that caused the explosion. The Washington Post reports:

CSX spokesman Gary Sease said the sodium chlorate in a derailed car near the front of the train exploded, igniting terephthalic acid in another derailed car. Sodium chlorate is used mainly as a bleaching agent in paper production. Oklahoma State University chemist Nick Materer said it could make for a potentially explosive mixture when combined with an incompatible substance such as spilled fuel.
Another chemist, Darlene Lyudmirskiy, of Spectrum Chemical Manufacturing Corp. in Gardena, Calif., said such a mixture would be unstable and wouldn’t need even a spark to cause a reaction.
“If it’s not compatible, anything could set it off,” she said.

The incident could have been much worse if other chemicals had been involved—chemicals like chlorine gas or anhydrous ammonia. When a Norfolk Southern train derailed in Graniteville, SC in 2005 and released chlorine, nine people died and 5,000 had to be evacuated. While not nearly that bad, the Baltimore explosion has brought renewed attention to the hazardous chemicals that are transported by rail in the US.

In 2012, trains carried 189 million tons of chemicals. That only represents about 20 percent of all the chemicals shipped in the US. But trains carry 64 percent of a class of chemicals known as “toxic inhalation hazards” or TIH, like chlorine, that can be deadly if inhaled. Rail is the safest, most efficient way to transport those chemicals—one rail tank can carry as much as four trucks, and trains moving along a dedicated shipping line rather than on the highways, meaning that collisions are less likely, as researchers at Harvard’s Kennedy School of Government have pointed out.

Even if rail is safer than trucks, there are plenty of reasons to want to limit the amount of dangerous chemicals carried by rail. There’s always a chance of an accident, as Tuesday’s explosion demonstrated, and local governments and first responders don’t even know what’s traveling on those trains until an accident happens. Then there’s also the threat of a deliberate attack on either the rails or the chemical facilities where the tankers eventually end up. The best solution, says Greenpeace legislative director Rick Hind, is getting companies to shift from a “catastrophic chemical to a non-catastrophic substance or process”—that is, using chemicals that won’t explode or give off noxious fumes. These chemicals would be safer to transport, and safer to use when they reach their destinations.

Some companies and municipal water systems have already started phasing out the use of deadly chemicals like chlorine. But it would take a stronger regulatory push to make a larger switch happen. There was some effort to do so immediately after September 11, at the height of terrorism fears. But the Bush White House did not back it due to pressure from the chemical industry, recalls Bob Bostock, the homeland security adviser to the then-EPA administrator Christine Todd Whitman. “That effort died before it really got started,” he says.

Now Bostock hopes that the EPA will use its regulatory authority under the Clean Air Act to “to require facilities to at least evaluate safer technologies.” “It’s very feasible to do so,” he says. “A lot of facilities have done it. A lot have not.”

Railroad operators aren’t particularly jazzed about transporting hazardous chemicals, either. But because a few companies control the majority of major railroads, they are required under federal “common carrier” rules that say they can’t refuse to carry TIH or other hazardous chemicals. The Association of American Railroads, the industry trade group, has asked Congress to allow them to “decide for themselves whether to accept, and at what price they are willing to accept, such materials for transportation.” AAR has also called for safer alternatives to hazardous chemicals as a means of reducing their own risk as carriers.

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Exploding Trains, Explained

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Anti-Consumer Tea Partier Nominated For Consumer Protection Job

Mother Jones

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Last week, President Barack Obama nominated a former member of the congressional tea party caucus with an anti-consumer legislative record to a seat on the Consumer Product Safety Commission. If confirmed, Ann Marie Buerkle, who served a single term as a Republican congresswoman from upstate New York, will join the five-member bipartisan commission for a seven-year appointment.

In a way, this fox-in-a-chicken-house move is not truly Obama’s fault. The commission has five members, and no more than three can be from the same party. So when it’s time to pick a GOPer for such a position and there’s a Democrat in the White House, it is the responsibility of Republican congressional leaders. Buerkle was the choice of Senate minority leader Sen. Mitch McConnell (R-KY), who has been stealthily placing conservative loyalists in the far reaches of the federal regulatory apparatus.

Buerkle spent her brief time in Congress battling measures that would help consumers file complaints about a defective product with the CPSC and supporting proposals that would make it more difficult to remove dangerous products from the market. She opposed a bill that would have prevented convicted fraudsters from advertising non-publicly traded securities; she fought measures that would have empowered the Consumer Financial Protection Bureau to protect seniors from abusive practices. And, by the way, she’s a climate-change denier.

Buerkle’s nomination has many consumer activists scratching their heads, but not for the obvious reasons. That Republicans would pick someone hostile to the agency as a commissioner isn’t surprising. McConnell has all but said his stealth nominees are basically there to gum up the works for a Democratic administration. But what’s curious about Buerkle’s selection for the job is that she has said she still hasn’t given up on the idea of running for her old seat in upstate New York next year.

In 2010, Buerkle narrowly defeated incumbent Rep. Dan Maffei (D) in a wave of tea party activism, with heavy backing from the National Rifle Association, which has given her an A-rating for her pro-gun views. The district, though, leans Democrat, and in 2012, she lost to Maffei in a hotly-contested rematch. She hasn’t ruled out another run against him, and there’s no telling whether she’s now truly committed to making mischief on the CPSC or intending to put in a short stint before returning to the electoral battlefield.

Buerkle also recently started hosting a new radio show on WSYR in Syracuse, and she notes that she will need private sponsors to stay on the air. That poses a potential conflict of interest for her commission post, which involves regulating private companies. Some of these firms might see sponsoring her radio show as a way of currying favor with the commissioner.

Obama has to nominate a Republican to the commission—which now has two Democratic members and one Republican—if he has any hope of getting a new Democrat to fill one of two current vacancies. Last year, he nominated Michigan trial lawyer Marietta Robinson to fill the Democratic vacancy, and the Senate held a hearing on the nomination. But the nomination went nowhere, as Republicans resisted. Now that Obama has put forward a GOP nominee, Robinson might have a shot at getting confirmed—though the price is putting a tea partier where she can cause some serious disruption.

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Anti-Consumer Tea Partier Nominated For Consumer Protection Job

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Obamacare Is Forcing Cuts to High-End Health Plans, and Not Just For the Rich

Mother Jones

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Obamacare—a.k.a. the Affordable Care Act—is forcing employers to cut back on high-end health plans. And this doesn’t just affect rich people. Many middle-income workers with high-quality plans are seeing a reduction in benefits and higher costs too, according to the New York Times.

One provision of President Obama’s historic healthcare law, dubbed the Cadillac Tax, penalizes companies that offer extremely generous healthcare plans to their employees. If an employer offers a plan that costs more than $10,200 for an individual or $27,500 for a family, the employer will be forced to pay a 40 percent tax on the portion of the plan cost that exceeds those thresholds. The idea, as the Times reports, is to “encourage employers to move away from plans that insulate workers from the cost of care and often lead to excessive procedures and tests, and galvanize employers to try to control ever-increasing medical costs.”

In order to avoid the Cadillac tax, which goes into effect in 2018, employers are already searching for ways to scale back on costs, including cutting health benefits and increasing plan prices. (Employers are also amping up spending on preventive care services, which is a good thing.) And as Bradley Herring, a health economist at Johns Hopkins Bloomberg School of Public Health, told the Times, these health plan changes will likely affect a lot of people, not just the well-off; up to 75 percent of plans could be affected by the tax over the next ten years. “The reality is it is going to hit more and more people over time,” he says.

One of those people affected is Abbey Bruce, a nursing assistant in Washington state whose employer increased the costs of the plan that she and her husband, who has cystic fibrosis, rely on. The Times tells her story:

Starting this year, they have a combined deductible of $2,300, compared with just $500 before. And while she was eligible for a $1,400 hospital contribution to a savings account linked to the plan, the couple is now responsible for $6,600 a year in medical expenses, in contrast to a $3,000 limit on medical bills and $2,000 limit on pharmacy costs last year. She has had to drop out of school and take on additional jobs to pay for her husband’s medicine.

The number of employers adjusting their plans because of the Cadillac tax has increased from 11 percent in 2011 to 17 percent this year, the Times reports. And the amount that employer plans require workers to pay as a deductible—the amount an insured person has to pay out of pocket for healthcare costs before the insurer will pay—has jumped. The number of workers in plans with deductibles of at least $2,000 doubled between 2009 and 2012 to 14 percent.

Even before Obamacare became law, health plan costs for workers had been rising for years. Some worry that the Cadillac tax will just be used as an excuse to bump up costs even more. Tom Leibfried, a legislative director for the labor federation AFL-CIO, one of the unions whose plans will be hit by the tax, says “We’re very concerned about the hollowing out of benefits in general. What the Cadillac tax will do is just fuel that.”

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Obamacare Is Forcing Cuts to High-End Health Plans, and Not Just For the Rich

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Obama’s Drug Czar Cites Useless Stat to Dismiss Legalizing Pot

Mother Jones

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Gil Kerlikowske, director of the Office of National Drug Control Policy (ONDCP), dismissed calls for pot legalization on Thursday, citing a recent study by his agency to claim that marijuana is the drug most commonly linked to crime. During an Urban Institute panel discussion, while calling for a “21st century approach to drug policy reform,” Kerlikowske rejected legalization as a “bumper-sticker approach.” But the study (PDF) doesn’t actually show a causal relationship between pot and crime: Marijuana is far and away the most commonly used illegal drug, so it stands to reason that it would show up most often in drug tests.

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Obama’s Drug Czar Cites Useless Stat to Dismiss Legalizing Pot

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