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Charter boat captains file class-action lawsuit against NOAA for ‘intrusive rule’
In July the National Oceanic and Atmospheric Administration announced a rule that won’t take effect until January. It will require charter boat captains to buy and maintain a GPS tracking system on their boat. “We spend a lot of time and effort out there trying to find our spots to be consistent every single day,”…
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Tyranny of the Unaccountable State
Help arrived in the form of the New Civil Liberties Alliance, a nonprofit set up by legal scholar Philip Hamburger that defends constitutional rights against overreach by the administrative state. The NLRB proposed a settlement: I delete the joke, I post information on the rights of employees to unionize, and the complaint goes away. I…
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Broker-Dealer Says SEC Overstepping In Sham Cos. Suit
The U.S. Securities and Exchange Commission is pushing a “radical expansion” of its rules in accusing a broker-dealer and a transfer agent of assisting a scheme to create sham companies and sell free- trading stock to the public, the two businesses told a Florida federal court. The SEC is seeking to enforce a higher standard…
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Charter captains challenge new NOAA rule with class action suit
A group of charter boat captains around the Gulf Coast filed suit Friday against the federal government claiming a new digital reporting rule is an overreach. Allen Walburn, a Naples charter captain and an original plaintiff in the class action suit, said the new rule from the National Oceanic and Atmospheric Administration’s fisheries division will…
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Administrative Procedures Act called out for obsolescence, legislative repair
The U.S. Administrative Procedures Act (APA) has proven controversial for device makers in that the associated requirements for rulemaking have been the subject of regulatory end-runs, by some accounts. The Department of Justice (DOJ) said in an Aug. 11 statement, however, that it is time to update the APA because the it has ossified in the…
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