Regulation and Red Tape: Boucher v. USDA: Navigating the Swampbuster Provisions

September 29, 2023

Have you ever received a notice from the government that you violated a rule that you didn’t know about?

In the 1990’s, the Boucher family removed nine trees from their property as an attempt to mitigate the buildup of trash and dumping on their land. This action triggered a United States Department of Agriculture (USDA) investigation suspecting environmental damage. Consequently, the Bouchers lost eligibility for USDA benefits, including “Swampbuster” provisions. In Boucher vs. USDA, the government grapples with balancing natural resource protection and individual liberties. This case underscores the long and painstaking nature of government processes, emphasizing the time and diligence often required for justice and good governance.

In the third episode of “Regulation and Red Tape,” experts highlight the broader implications of Boucher vs. USDA and consider the balance between regulatory enforcement and individual rights.

The EPA’s Proposed Power Plant Rule: Will it Survive in the Courts?

September 19, 2023

In May, the EPA proposed a new rule to regulate greenhouse gas emissions from new and existing power plants. This…

DEI in the Executive Branch

September 19, 2023

On President Biden’s first day in office, he signed Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the…

[Webinar] Transatlantic Debate: Evaluating the EU-US Data Privacy Framework

September 19, 2023

In October 2022, President Biden issued an executive order regarding the European Union – U.S. Data Privacy Framework. The Framework…

Regulation and Red Tape: Sackett v. EPA: A Tale of Wetland Regulations

September 15, 2023

At what point can Americans go to court to defend themselves against agency enforcement action?

This crucial question arose for the Sackett family when they embarked on the initial stages of constructing their home near Priest Lake, Idaho. EPA agents arrived on their property and asserted that it was a federally protected wetland. The EPA subsequently issued a compliance order that would subject the Sacketts to a fine of $37,500 a day. What followed was years of legal battles between the Sackett family and the EPA, culminating in two pivotal Supreme Court decisions.

In the second episode of the “Regulation and Red Tape” series, experts delve into the story of the Sackett family, their experience with the EPA, and the due process questions raised by the story.

Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations

September 12, 2023

As children’s lives become increasingly digital, how can we protect their safety online while weighing potential trade-offs like privacy interests and free speech?

Race & School Discipline

September 10, 2023

During President Obama’s second term, the U.S. Education Department began sharing studies indicating that black students were disciplined at higher…

Litigation Update: Loper Bright Enterprises v. Raimondo

September 5, 2023

For the past thirty years, the Magnuson-Stevens Act (MSA) has given the National Marine Fisheries Service (NMFS), an arm of…

Regulation and Red Tape: Mergers, Monopolies, and the FTC

September 1, 2023

Since the 19th century, the United States government has intervened to combat the growth of monopolies in our economy. The…

Official Trailer: The Regulation and Red Tape Series

August 30, 2023

In this new video series from the Regulatory Transparency Project, leading legal experts will debate some of the most controversial regulatory issues in America today. Moderated by the Hon. Paul J. Ray, “Regulation and Red Tape” will tell true stories of how federal regulatory actions impact the lives of ordinary Americans and the economy they rely on. In watching this series, you will have the opportunity to learn more about how the regulatory process functions, consider how and when regulatory action is necessary, and evaluate the trade-offs involved when the regulatory state acts.