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The New Rules Project - Designing Rules As If Community Matters

Need advice and counsel on politics and policies that affect your community? The doctor is now in at New Rules. Browse this section or ask Dr. Dave himself


Q. In April, a federal judge blocked my state (Maryland) from enforcing state consumer protection laws against a bank. Don’t states have the right to regulate banks?

A. Historically, Congress has established minimum standards for banking regulations. States have been allowed to enact additional rules and higher standards, particularly with regard to consumer protection. Over the past 15 years, however, the federal government has allowed banks to skirt state laws, and used its authority to overturn dozens of state consumer protection laws. Click here to read more.

Q. Last November the voters of my state (Oregon) approved a ballot measure on “takings”.  The government must pay compensation if any of its regulatory or other actions reduce even modestly the value of my property.  I’d like to know if anyone has done anything about the flip side of the “takings” issue, that is,  “givings”.  Does any community have a “givings” law? 

A.  Not yet, but they should. Click here to read more.

Q.  My state (Montana) just passed a Country of Origin Labeling Act (COOL). What does COOL do?  Why are the states involved?  Isn’t this a federal matter?

A. Since 1930, most goods imported into the United States—including foods—have had to bear a label informing the “ultimate purchaser” of their country of origin.  

The law exempted some articles “economically prohibitive” to label:  livestock, vegetables, fruits, nuts, live or dead animals and fish. Click here to read more.

Q. My state (New Jersey) is suing the Environmental Protection Agency (EPA) for its new regulation regarding mercury emissions from power plants.  What’s the problem?  I thought states had authority to limit mercury emissions?

A.  First, as always, a little background.  Mercury is a neurotoxin.  Humans are exposed to it largely from eating fish and seafood. Click here to read more.

Q. My state legislature (Montana) is currently debating a bill to mandate 10 percent ethanol in all gasoline.  Is that a good idea?  I’ve read that ethanol causes problems. 

A.  Montana is one of six states that has in place or is currently debating, an ethanol mandate.  One state, Minnesota, has a mandate for the use of vegetable oil/diesel blends.  To answer your question, let’s start, as we always do, with some basic background. Click here to read more.

Q.  My state (Virginia) allows drivers of hybrid vehicles the right to use HOV lanes even if the car has only one occupant.  Is that good policy?

A.  No.  Hybrid cars are an essential component of a sustainable transportation strategy. But allowing them in HOV lanes is, at best, unnecessary, and at worst, counterproductive. Click here to read more.

Q.  I’ve read that the President’s proposal to create personal savings accounts within the Social Security system will do nothing to reduce the system’s projected revenue shortfall.  Is that true?  If so, what are the current proposals for dealing with the shortfall? 

A.  Something needs to be done to shore up the Social Security system.  But creating private investment accounts does not address the system’s financial problems.
Ironically, of the three zillion words written about Social Security since George W. Bush declared a radical reform his highest priority, 99.9 percent have discussed his proposal to create individual savings accounts. Click here to read more.

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