Fox News: Fishy business at the Supreme Court: Florida Capt. John Yates’ sad saga

Fishy business at the Supreme Court: Florida Capt. John Yates’ sad saga

DOE Follows the Rules After HARDI’s Strong Stand Against Overreach

FOR IMMEDIATE RELEASE                                                         CONTACT:      

November 12, 2014                                              Mary Beth Hutchins, 202-400-2721

DOE Follows the Rules After HARDI’s Strong Stand Against Overreach

COLUMBUS, OHIO – Because of a settlement between the Department of Energy (DOE), the Heating, Air-Conditioning & Refrigeration Distributors International (HARDI) and other stakeholders, DOE reissued a Request for Information (RFI) on energy efficiency standards for residential central air conditioners and gas furnaces on October 31, 2014.  DOE’s RFI, published in the Federal Register, seeks public comment on its authority to develop energy efficiency standards through a “Direct Final Rule.”

Thanks to the government oversight and accountability group Cause of Action, HARDI was able to effectively halt administrative abuse by forcing the DOE to reassess its rulemaking.  DOE arbitrarily attempted to set a rule driving up energy costs for consumers and businesses without following proper procedures to protect the public’s right to have input and comment. This settlement requires DOE to respect the rule of law and is a significant victory for consumers and businesses.

HARDI Executive Vice-President & Chief Operating Officer Talbot Gee said, “We have said from the start that we believed the processes which led to this rule, litigation and settlement were broken. We were pleased to have secured a commitment from DOE to assess this issue and are pleased that HARDI’s comments on the matter are a key component of the request and hopefully the basis for fixing this broken process.”

Cause of Action’s Executive Director Dan Epstein said, “When federal agencies substitute their own agendas for the rules protecting the public’s right to have notice and to comment on proposed regulatory action, then government accountability and transparency are lost. Therefore, this notice, the first step by the DOE since HARDI’s successful settlement, is a major victory for all Americans who value fair government. HARDI’s members took a firm stand, and it has paid off for both consumers and for businesses.”

About HARDI:

Heating, Air-Conditioning and Refrigeration Distributors International (HARDI) represents more than 460 wholesale companies and 300 manufacturing associates as well as nearly 140 manufacturer representatives. HARDI members represent an estimated 85 percent of the dollar value of the HVACR products sold through distribution.

About Cause of Action:

Cause of Action a nonprofit, nonpartisan government accountability organization that investigates, exposes, and fights job-killing federal government regulations, waste, fraud, and cronyism.  Cause of Action uses investigative, legal, and communications tools to educate the public on how transparency and accountability protects taxpayer interests and economic opportunity. For more information, visit www.causeofaction.org.

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Mary Beth Hutchins, mary.beth.hutchins@causeofaction.org

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Legal Insurrection: Save the whales! (Just don’t feed them.)

Read the full story: Legal Insurrection

The real problem with these regulations, however, has less to do with the rules themselves, and more to do with the consequences that befall those who break the rules. Groups like Cause of Action help those who fall under the hammer of big government regulation fight back against overcriminalization and in some cases, recoup their losses. They’re currently defending marine biologist Nancy Black after an alleged violation of the Marine Mammal Protection Act (MMPA.)

Cause of Action Signs Coalition Letter Asking for OGIS Investigation of Administrative Closures

Cause of Action and 13 other groups sent a joint letter to the Office of Government Information Services (OGIS) urging it to investigate the unauthorized and abusive practice by administrative agencies of sending “administrative closure” letters in lieu of responding to proper requests for information.  The Freedom of Information Act gives anyone the right to request documents from a federal agency but various administrative agencies are finding a backdoor way to close requests without producing documents.  Specifically, after delays of months and, at times, years, FOIA officers are writing to requestors that unless the requestor provides certain information within a proscribed short period of time, the agency is going to close the request.  The effect of such a closure is that if the requestor is forced to send a new request, it will go to the end of the line for processing (resulting in further delays of months to years).  The coalition letter requests an investigation into this practice, and Cause of Action is hopeful that such an investigation will result in a directive to agencies to end this practice.

Read the letter here.

Breitbart: SENATE ETHICS COMMITTEE CONVENIENTLY MISPLACES REID ETHICS COMPLAINT

Read the full story: Breitbart

The conservative watchdog group Cause of Action says the Senate Ethics Committee is claiming to have misplaced an ethics complaint about Sen. Harry Reid (D-NV) sent over 300 days ago — and that the committee acknowledge receiving at the time.

 

“It is a little mysterious that we have a return receipt from the Senate mail and they say they never received it. That’s a comfortable excuse for not investigating something,” Dan Epstein, the Executive Director of Cause of Action, said in an interview with Breitbart News Tuesday.

Washington Examiner: Poof: Casino ethics complaint against Reid disappears

Read the full story: Washington Examiner

The conservative watchdog group Cause of Action said that it has had to refile the complaint that alleges Reid pressured the U.S. Citizenship and Immigration Services to hasten EB-5 visa application reviews for overseas investors in the SLS Hotel & Casino in Las Vegas.

 

The group said that Reid’s son Rory and his law firm, Lionel, Sawyer & Collins P.C., were the lawyers for SLS, raising potential conflicts.

 

According to a letter provided to Secrets, the group sent the original complaint on Oct. 16, 2013. It said that the Senate Ethics Committee received it Dec. 20, and it provided the receipt to prove it.

The Nancy Black Story: Video Explains Dangers of Overcriminalization

FOR IMMEDIATE RELEASE                                             CONTACT:      

October 29, 2014                                         Mary Beth Hutchins, 202-400-2721

The Nancy Black Story: Video Explains Dangers of Overcriminalization

WASHINGTON – Cause of Action (CoA), a government oversight organization, today released “The Nancy Black Story,” a video recounting how a federal government agency, the National Oceanographic and Atmospheric Administration (NOAA), disrupted a respected marine biologist’s work and threatened her freedom and her livelihood through overcriminalization.

Watch Nancy Black’s story here:

Cause of Action defended Ms. Nancy Black, a highly-esteemed marine biologist who researches the lives and behavior of killer whales.  She was criminally charged with violating a Marine Mammal Protection Act (MMPA) regulation prohibiting feeding marine mammals in the wild.  Every other alleged violation of this regulation has resulted in relatively modest fines or, in a recent case with far more egregious facts, forfeiture of an old boat.  Here, however, the government’s original charges could have resulted in up to 27 years in prison, a $700,000 fine and forfeiture of her research vessel.  Ms. Black’s defense team was able to resolve the case through a no-jail plea agreement in which Ms. Black pled guilty to a single misdemeanor charge of “feeding” for which she received 3 years of probation, a $12,500 fine and 300 hours of community service.

According to CoA’s Executive Director, Dan Epstein, “When the government has excessive administrative discretion that lacks accountability and transparency, overreach and abuse are inevitably rampant. Overcriminalization of federal agency regulations undermines the rule of law, eroding the principles of intent and notice that protect the average citizen’s rights and freedoms.”

Reed Rubinstein, vice president for litigation at Cause of Action, said, “Americans need to know about the risks of overcriminalization and how their government is abusing its authority. Cause of Action is committed to taking steps to educate the public and push back against rogue agencies.”

On November 5, 2014, the United States Supreme Court will hear arguments on another overcriminalization case, Yates v. US, in which a commercial fisherman who threw overboard “undersized” fish was convicted of violating the Sarbanes-Oxley law, a corporate document destruction law prohibiting the shredding of documents. CoA’s amicus briefs in support of the petition for certiorari and in support of Mr. Yates may be found here and here.

About Cause of Action:

Cause of Action is a non-profit, nonpartisan government accountability organization that fights to protect economic opportunity when federal regulations, spending and cronyism threaten it. For more information, visit www.causeofaction.org.

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Mary Beth Hutchins, mary.beth.hutchins@causeofaction.org

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