Update from fracking country: Pa. audit finds lax environmental oversight

A report issued today by Pennsylvania's auditor general revealed the troubling (if not necessarily surprising) degree to which that state's Department of Environmental Protection has been outmatched by the pace of gas drilling in the state. The report, covering the period 2009-12, portrays a department that is both underresourced and slow or even unwilling to […]

(BREAKING) Fourth Circuit upholds health-care subsidies for federally-run exchanges

Just hours after a panel the D.C. Circuit held (over a dissent) that the ACA could be read just one way — to forbid health-care premium subsidies in health-care exchanges run by the federal government rather than a state — a panel of the Fourth Circuit (which covers the states of Maryland, Virginia, West Virginia, […]

(BREAKING) D.C. Circuit limits reach of health-care subsidies

In a 2-1 decision, a panel of the U.S. Court of Appeals for the D.C. Circuit has struck down an IRS rule providing subsidies for participants in health-care exchanges in states where the exchanges were established by the federal government, not the states. In other words, according to the court, although Congress intended that the […]

Whirlpool to Congress: protect us from class actions for misleading consumers

Manufacturers of home appliances (like Whirlpool) have been sued for misusing the EPA's "Energy Star" label to suggest that products were more energy efficient than they actually were. The industry response has been to try to get Congress to ban such suits. This quote from Shannon Baker-Branstetter of Consumers Union (the publisher of Consumer Reports) […]

CFPB begins taking consumer complaints on prepaid cards and other nonbank products

The Consumer Financial Protection Bureau has been taking consumer complaints on a wide range of topics for some time now, including mortgage lending, credit reporting, private students, and (more recently) debt collection. The agency announced today that it is now taking complaints concerning prepaid cards and other nonbank products. Here is the agency's press release: […]

More evidence of plummeting rates of uninsured under the Affordable Care Act

We have been providing reports (go, for instance, here) of evidence that the number of Americans lacking health insurance has been dropping as the Affordable Care Act goes into effect. Here is the latest: State insurance officials [in Washington state] say fewer than 9 percent of Washington residents still don't have health insurance. That's a significant […]

A debate on off-label drug promotion, the limits of FDA regulation, and the First Amendment

Is off-label drug promotion–promotion of drugs for uses other than those approved by the FDA — good, bad, or something in between? What can the FDA do to curb off-label promotion by drug sellers consistent with the First Amendment? Law professors Stephanie Greene and Lars Noah have recently debated the issue in writing in Off-Label […]

Hartzog & Solove on the FTC and Data Protection

Woodrow Hartzog of Samford's Cumberland School of Law and Stanford's Center for Internet and Society and Daniel J. Solove of George Washington have written The Scope and Potential of FTC Data Protection, 83 George Washington Law Review (2015, Forthcoming).  Here is the abstract: For more than fifteen years, the Federal Trade Commission (FTC) has regulated privacy […]