Profitably Inventing New Diseases

Total Page:16

File Type:pdf, Size:1020Kb

Profitably Inventing New Diseases PUBLIC CITIZEN HEALTH RESEARCH GROUP SIDNEY M. WOLFE, M.D., EDITOR August 2003 +VOL. 19, N0.8 Profitably Inventing New Diseases ecent article in Medical and change its name to "halitosis," Developing a new condition to Marketing and Media (May thereby creating "awareness - and build recognition for an unmet Al 003), aimed at the marketing anxiety - around a serious-sound­ market need." departments of the pharmaceutical ing medical condition." Halitosis, in industry, provides an extraordinary ads, was made responsible for prob­ An example of the second sugges­ view of this industry of which the lems ranging from lack of career tion is Pfizer's marketing strategy that public, unfortunately, remains advancement to divorce, and within turned Viagra into an acronym for unaware. Vince Parry, the "Chief six years, sales increased from erectile dysfunction. Branding Officer" for a company $100,000 to $4 million. Drug companies are now masters of called "InChord," tells his pharma­ Today, healthcare marketers are suggestion number three - develop­ ceutical company readers - and much more imaginative: they take ing a new condition - spectacularly potential clients - how to increase their pharmaceutical product and so in the field of mental health. Parry sales by combining the "creation" of add in "external thought leaders advises, "No therapeutic category is a disease with a drug to treat it. [usually physicians who vouch for more accepting of condition branding There is no dispute that the phar­ the drug's worthiness], support than the field of anxiety and depres­ maceutical industry, first and fore­ groups and consumers." Parry lists sion." The manual used to describe most, is an industry needing and three principal strategies that can be mental disorders, the Diagnostic and seeking ways to increase profits for used to create a new condition: Statistical Manual of Mental Disorders its shareholders and that larger prof­ (DSM), is compiled by the American its require a continuing increase in "Elevating the importance of an Psychiatric Association, an organiza­ sales, a feat orchestrated by market­ existing condition tion heavily funded by the pharma­ ing departments. But in the past, Redefining an existing condi­ ceutical industry. simply letting the public know the tion to reduce a stigma continued on page 3 uses for a drug too often failed to generate the robust growth in sales CONTENTS desired. The solution, as described by Parry, is something called "condi­ Secret No More tion branding" in which a company Medicare investigation results now fair game .................................. .. 2 defines a new condition (along with its worry-provoking symptoms) to Bad Medicine convince physicians and patients Why Bush's malpractice policy will only help insurers ......................3 that they must treat the condition and use one particular drug. Product Recalls From sunscreen to extension cords: watch out! ................................ .. 6 Parry begins with an early exam­ ple: Warner-Lambert's desire to Do Not Use Finasteride For Preventing Prostate Cancer expand its market for Listerine, Study shows benefits may not outweigh risks ................................... .. 9 which in the 1920s had multiple uses but lacked sales growth. Warner­ Outrage of the Month Lambert's strategy was to take a Taxol: How the NIH gave away the store ................................... n ..... 12 harmless concept, unpleasant breath, VISIT HEALTH RESEARCH GROUP'S WEB SITE AT WWW.CITIZEN .ORG/HRG/ Secret No More: Medicare Investigation Results Now Fair Game This article was written by Several months after he requested an purpose of overseeing Medicare serv­ Amanda Frost, the Public Citizen investigation, the government sent ices. QIOs are groups of independent attorney who successfully litigated Mr. Shipp a letter informing him that doctors charged with the responsibili­ this case. the investigation had been complet­ ty of ensuring that doctors provide ed, but that he would not be Medicare patients with adequate care. he government is not allowed informed of the results because the Anyone on Medicare, or their repre­ to keep secret the results of its doctors he had complained about sentative (such as a family member), T investigations into complaints had refused to allow him to obtain may file a complaint with their local by Medicare beneficiaries, the United that information. QIO about the medical care received States Court of Appeals for the D.C. In its lawsuit, Public Citizen through Medicare. The QIO is Circuit ruled on June 20, 2003. The argued that the government's policy required by federal law to investigate decision handed a victory to Public violated the Peer Review all complaints and - as a result of the Citizen in its lawsuit against the Organization Act because it did not recent legal victory in the D.C. Circuit Department of Health and Human provide a meaningful response for - to provide the results of those Services (HHS), in which Public Medicare beneficiaries who investigations to the complaining Citizen challenged HHS' policy of complain about the quality of party. keeping secret the results of its medical services they received. The A directory of the names and tele­ investigations into complaints by D.C. Circuit, affirming the district phone numbers for QIOs all over Medicare beneficiaries when the court, agreed with Public Citizen on the country is located at doctor under investigation refused to all counts, and ordered HHS to begin www.cms.hhs.gov/qio/default.asp. consent to disclosure. As a result of disclosing the results of its investiga­ Information about Medicare benefits that policy, Public Citizen members, tions to any Medicare beneficiary, or more generally can be found at along with many other Medicare representative of a beneficiary, who www.cms.hhs.gov/medicare. If you beneficiaries and their families, have complains about the quality of have questions or concerns about the been denied access to the results of Medicare services. quality of Medicare services that you investigations into their complaints Public Citizen hopes the litigation or a close relative have received, you about sub-standard medical care. will help raise public awareness should write your local QIO and ask The case arose from Public Citizen about the rights of Medicare benefici­ them to investigate. If you have ques­ member David Shipp's request that aries to challenge the quality of tions about the process of filing a the government review whether his medical care provided under complaint with a QIO or obtaining the wife received appropriate care while Medicare. Few Medicare beneficiaries results of a QIO investigation, you being treated for cancer. Mr. Shipp's realize that the government has should write to Amanda Frost, Public wife, Doris Shipp, had been diag­ established Quality Improvement Citizen, 1600 20th Street, NW nosed with cancer in December Organizations (QIOs, formerly called Washington, D.C. 20009. 1998, and she died six months later. Peer Review Organizations) for the THE PUBLIC CITIZI!N JIEAl.TH R.ESI!ARC}l GROUP Edltor .................................. Sidney M. Wolfe, MD The Health Research Group was co-founded Managing Edltor ............................. Lynn Miller in 1971 by Ralph Nader and Sidney Wolfe in Hutltl1l~ttcr Washington, D.C. to fight for the public's Staff Researchers. .... ........................ .... ................... health, and to give consumers more control Peter Lurie, MD, MPH over decisions that affect their health. Larry Saslch, PharmD, MPH Copyright © Health Letter, 2003 Elizabeth Barbehenn, PhD Published Monthly by Material in the Health Letter may not be Amanda Frost, ]D Public Citizen Health Research Group re-printed without permission from the Editor. Send letters and requests to HEALTH LETTER, Information Specialist..... john Paul Fawcett All rights reserved. ISSN 0882-598X Editor, 1600 20th St., NW, Washington, D.C., Production Mgr. ...................... Kristy Ljackson 20009. Annual subscription price is $18.00 (12 is­ sues). Mail subscriptions and address changes Presldent ................................... joan Claybrook to Health Letter, Circulation Department, 1600 20th St., NW, Washington, D.C., 20009. Founder ........................................... Ralph Nader Our Web site address is www.citizen.org/hrg. 2 +August 2003 Bad Medicine Why Bush's Malpractice Policy Will Only Help Insurers The following article by Sasha cases. Karl Rove must be thrilled. reimbursements declining and Polakow-Suransky is reprinted from For an administration determined to malpractice premiums rising, trial The American Prospect val. 14 no. 7, deplete the coffers of Democratic lawyers are the physicians' new july 3, 2003. trial-lawyer donors - and damage target. presidential hopeful Sen. John President Bush's AMA-backed or the third time in as many Edwards CD-N.C.) in the process - proposal to cap pain and suffering decades, doctors across the malpractice reform is a godsend. damages at $250,000 will satisfy the Fcountry are protesting rising It is also a powerful wedge issue AMA's desire to shield doctors from medical malpractice insurance with the potential to alienate doctors liability while curtailing maimed premiums. The American Medical from Democrats after their recent patients' rights to sue. But in the end Association (AMA) is promoting its collaboration on the Patients' Bill of it is more likely to line the pockets of longstanding goal of medical liability Rights. Just one year ago, the AMA insurance
Recommended publications
  • Public Citizen Copyright © 2016 by Public Citizen Foundation All Rights Reserved
    Public Citizen Copyright © 2016 by Public Citizen Foundation All rights reserved. Public Citizen Foundation 1600 20th St. NW Washington, D.C. 20009 www.citizen.org ISBN: 978-1-58231-099-2 Doyle Printing, 2016 Printed in the United States of America PUBLIC CITIZEN THE SENTINEL OF DEMOCRACY CONTENTS Preface: The Biggest Get ...................................................................7 Introduction ....................................................................................11 1 Nader’s Raiders for the Lost Democracy....................................... 15 2 Tools for Attack on All Fronts.......................................................29 3 Creating a Healthy Democracy .....................................................43 4 Seeking Justice, Setting Precedents ..............................................61 5 The Race for Auto Safety ..............................................................89 6 Money and Politics: Making Government Accountable ..............113 7 Citizen Safeguards Under Siege: Regulatory Backlash ................155 8 The Phony “Lawsuit Crisis” .........................................................173 9 Saving Your Energy .................................................................... 197 10 Going Global ...............................................................................231 11 The Fifth Branch of Government................................................ 261 Appendix ......................................................................................271 Acknowledgments ........................................................................289
    [Show full text]
  • But Public Citizen Still Fights for Consumers
    A lot has changed since 1971 ... n that year ... the Watergate was still just a little-known hotel in Washington ... people drove sta- tion wagons, not SUVs ... passengers could smoke on airplanes ... nuclear Ipower was flourishing ... and a first-class stamp cost 6 cents. Public Citizen has changed, too. From our founding in 1971 by consumer advocate Ralph Nader, we have grown into a potent countervailing force to the might of Corporate America. Today, we are larger and stronger than ever. But what hasn’t changed are the traits that have served us well: independence, per- sistence, vigilance. We’ve been the eyes and ears — and sometimes the teeth — of consumers through the administrations of six presidents and through 15 Congresses. We were born in an era of activism, during a But Public Citizen period when the Con- gress was creating Still Fights for important new agencies — the Environmental Protection Agency, the Occupational Consumers Safety and Health Administration, the Consumer Product Safety Commission, the National Highway Traffic Safety Administration — to mitigate the health and safety risks posed by our industrial society. Since that time, we’ve withstood a withering corporate backlash against consumer protection. But we have been uncompromising in our fight for safer products, for government and corporate accountability, for clean elections, for a strong and vibrant civil justice system, and for clean and safe energy. We have evolved with the times, keeping our core values while moving into new arenas, such as globalization and electricity deregulation now devastating California consumers. Public Citizen has won many battles for consumers.
    [Show full text]
  • Ralph Nader, Founder 215 Pennsylvania Ave SE
    Buyers Up · Congress Watch · Critical Mass · Global Trade Watch · Health Research Group · Litigation Group Joan Claybrook, President December 15, 2003 Dr. Margo Schwab Office of Information and Regulatory Affairs Office of Management and Budget NEOB Room 10201 725 17th Street, NW Washington, DC 20503 [email protected] Re: Proposed Bulletin on Peer Review and Information Quality 68 FR 54023 Dear Dr. Schwab: Public Citizen is a national non-profit consumer advocacy organization with over 150,000 members. We are writing in response to the September 15, 2003 notice in the Federal Register requesting comments on the Proposed Bulletin on Peer Review and Information Quality [“Proposed Bulletin”] issued by the Office of Information and Regulatory Affairs, Office of Management and Budget [“OMB/OIRA”]. These comments should be read in conjunction with the remarks made at the National Academy of Sciences Workshop1 [“NAS Workshop”] on November 18, 2003, by Public Citizen Attorney Alan B. Morrison. Because the new procedures would create constraints on regulatory functioning that are unnecessary, improvident and costly, we urge that the Proposed Bulletin be withdrawn. The essential issue presented by this proposal is not whether peer review should be expanded or improved; it is whether this particular proposal bears the hallmarks of a sincere interest in science or is instead an exercise in regulatory obstructionism. As our detailed comments below demonstrate, in this proposal OMB/OIRA has consistently taken the path that will predictably favor regulated industry and introduce potentially massive costs and delay, thus injecting paralysis by analysis into the regulatory process. 1 “Peer Review Standards for Regulatory Science and Technical Information,” Science, Technology, and Law Program, The National Academies, November 18, 2003.
    [Show full text]
  • Public Citizen, Inc. and San Luis Obispo Mothers for Peace V
    NO. 07-71868 and NO. 07-72555 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PUBLIC CITIZEN, INC. and SAN LUIS OBISPO MOTHERS FOR PEACE, Petitioners, V. UNITED STATES NUCLEAR REGULATORY COMMISSION, and THE UNITED STATES OF AMERICA, Respondents. "and NUCLEAR ENERGY INSTITUTE, Intervenor-Respondeit, THE STATE OF NEW YORK Petitioner, V. UNITED STATES NUCLEAR REGULATORY COMMISSION, and THE UNITED STATES OF AMERICA, Respondents. BRIEF OF AMICI CURIAE EDMUND G. BROWN JR.,, ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA, IN SUPPORT OF PETITIONER STATE .OFNEW•ORK EDMUND G. BROWN JR., Attorney. General of the State of California JANET GAARD, Acting Chief Assistant Attorney General . THEODORA BERGER, SeniorAssistant Attorney -General SUSAN DURBIN, BRIAN HEM[BACHER, Deputy Attorneys General 300 SpringStreet,.gSuth Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2638 Facsimile: (213) 897-2802 Attorneys for Amici Curiae TABLE OF CONTENTS Page INTRODUCTION ............................ ....................... 1 INTEREST OF AMICI CURIAE ....................................... 6 SUMMARY OF ARGUMENT ........................................ 7 A RG UM EN T ............................... ...................... 10 I. THE NRC'S RESPONSE TO THE PETITION VIOLATES THE ADMINISTRATIVE PROCEDURE ACT BECAUSE THE REASONS IT GIVES FOR DENYING THE PETITION ARE NOT RATIONAL, BUT ARE ARBITRARY AND CAPRICIOUS AND NOT DIRECTED TO THE PETITION'S REQUEST .......................... ......... 10 A. The Design Basis Threat Rule Is Not Rational in That it Does Not Address NRC's Statutory Responsibilities .................... 10 B. The NRC Has Violated the Administrative Procedure Act by Failing to Directly Address the Relief Requested in the Petition ......... 15 II. THE NRC HAS ACTED ARBITRARILY AND CAPRICIOUSLY IN NOT COMPLYING WITH THE DIRECTION OF CONGRESS IN THE ENERGY POLICY ACT OF 2005.
    [Show full text]
  • Private Fuel Storage: a Public Hazard
    Buyers Up · Congress Watch · Critical Mass · Global Trade Watch · Health Research Group · Litigation Group Joan Claybrook, President Private Fuel Storage: A Public Hazard Private Fuel Storage (PFS) is a consortium of eight commercial nuclear utility companies that have come together with the goal of opening a “temporary” high-level nuclear waste storage facility on the reservation of the Skull Valley Band of Goshute Indians in Skull Valley, Utah, about 45 miles west of Salt Lake City. PFS is led by Xcel Energy; the other seven utilities are: · Southern Nuclear Company · Indiana-Michigan Power Co. (American · Genoa FuelTech Electric Power) · Southern California Edison · Florida Power and Light · Entergy · FirstEnergy Many of the nation’s 103 commercial nuclear reactors are running out of space on site to store “spent” nuclear fuel, which is extremely radioactive, and are looking for storage space to tide them over until the expected opening of the controversial Yucca Mountain repository in Nevada sometime after 2010. The proposed Private Fuel Storage facility would house up to 4,000 above-ground dry storage casks, containing a total of 44,000 tons of highly-radioactive nuclear waste. Problems with PFS: v The proposed site is located directly underneath the U.S. Air Force flight path from Hill Air Force Base to the Utah Test and Training Range. On March 10, the U.S. Nuclear Regulatory Commission’s Atomic Safety Licensing Board ruled that “PFS has not provided reasonable assurance that F-16 aircraft crash accidents do not pose a significant threat to the facility.”1 An F-16 is a single-engine aircraft with little recourse in the case of engine problems.
    [Show full text]
  • NAFTA Chapter 11 Investor-State Cases 1994-2005
    NAFTA’S THREAT TO SOVEREIGNTY AND DEMOCRACY: The Record of NAFTA Chapter 11 Investor-State Cases 1994-2005 Lessons for the Central America Free Trade Agreement February 2005 © 2005 by Public Citizens Global Trade Watch. All rights reserved. No part of this document may be reproduced or utilized in any form or by any means, electronic or mechanical, including photography, recording, or by information exchange and retrieval systems, without written permission from the authors. Public Citizen Publication Number: E9014 Public Citizen is a nonprofit membership organization in Washington, D.C., dedicated to advancing consumer rights through lobbying, litigation, research, publications and information services. Since its founding by Ralph Nader in 1971, Public Citizen has fought for consumer rights in the marketplace, for safe and secure health care, for fair trade, for clean and safe energy sources, and for corporate and government accountability. Visit our web page at http://www.citizen.org. Acknowledgments: This report was written by Mary Bottari and Lori Wallach. Additional writing and invaluable research assistance was provided by Runako Kumbula, David Waskow (Friends of the Earth), Josh Kolsky, Joshua Chanin, and Heather Goss. Other assistance was provided by Juan Marchini, Carlos La Hoz, Todd Tucker, Libby Sinback, Paul Levy, Alyssa Prorok, Susan Ellsworth, John Gibler, David Edeli, Angela Bradbery, Timi Gerson, Peter Lurie, Patricial Lovera, Tony Corbo and Sara Johnson. Special thanks to Chris Slevin at Public Citizen, Matthew Porterfield and Robert Stumberg at Georgetown University, Marcos Orellana at Center for International Environmental Law, Luke Peterson from the International Institute of Sustainable Development, and Martin Wagner at Earthjustice.
    [Show full text]
  • Judges for the EIA Award, Are Listed Here
    Energy Innovator Award Judges 2020 Henry L. Berman, CEO, Exponent Philanthropy Mark Crisson, former President and CEO, American Public Power Association Marcos Gonzales Harsha, Principal Deputy Director, Office of Technology Transitions, U.S. Department of Energy Sherry Loos, Rural Community Assistance Program (RCAP) State Coordinator, Great Lakes Community Action Partnership Virginia L. Wright, Energy Cyber Portfolio Program Manager, Idaho National Laboratory 2019 Richard Adams, Director, Innovation and Entrepreneurship Center, National Renewable Energy Lab Dipka Bhambhani, Director of Communications, U.S. Energy Association Honorable Richard Glick, Commissioner, Federal Energy Regulatory Commission Judith Williams Jagdmann, Chair, Virginia State Corporation Commission Karen L. Palmer, Senior Fellow & Director of Future of Power Initiative, Resources for the Future Anda Ray SVP, External Relations and Technical Resources, Electric Power Research Institute 2018 Joy Ditto, President & CEO, Utilities Technology Council Philip B. Jones, Phil Jones Consulting LLC, Former Washington UTC Commissioner, Past President of NARUC, and Past Executive Director, Alliance for Transportation Electrification Hank Kenchington, Independent Consultant and Past Deputy Assistant Secretary, U.S. Department of Energy Benjamin Schlesinger, Ph.D., President, Benjamin Schlesinger and Associates, LLC, Senior Fellow and Past President, US Association for Energy Economics, Daniel S. Zachary, Ph.D, Director, Energy Policy and Climate Program, Johns Hopkins University 2017 Kenneth Black, Co-Chairman, ESource Danielle Sass Byrnett, Senior Advisor, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy Marvin Fertel, Retired President & CEO, Nuclear Energy Institute David “Bud” Halla, Senior Advisor, Johns Hopkins University, Applied Physics Laboratory Steve Mitnick, Editor-in-Chief, Public Utilities Fortnightly David G. Victor, Professor and Director of the International Law and Regulation Laboratory, UC San Diego Congressman Peter Welch, U.S.
    [Show full text]
  • Ralph Nader, Lone Crusader? the Role of Consumer and Public Interest Advocates in the History of Freedom of Information†
    \\jciprod01\productn\S\SWT\24-1\SWT102.txt unknown Seq: 1 21-MAR-18 12:06 RALPH NADER, LONE CRUSADER? THE ROLE OF CONSUMER AND PUBLIC INTEREST ADVOCATES IN THE HISTORY OF FREEDOM OF INFORMATION† Tom McClean* I. INTRODUCTION .......................................... 41 R II. CONSUMER ADVOCATES MATTERED .................... 43 R A. United States ........................................ 47 R B. United Kingdom .................................... 53 R C. Australia ............................................ 57 R III. EXPLAINING THE HISTORY OF CONSUMER ADVOCACY .60 R A. Why Did Decisive Mobilisation Arise When and Where It Did? ...................................... 61 R B. Why Did Consumer Advocacy Subside As An Important Factor? ................................... 66 R IV. CONCLUSION ............................................ 71 R I. INTRODUCTION This article examines the role of consumer and public interest ad- vocates in the diffusion of freedom of information laws. Scholarly study of this issue has been uneven. Ralph Nader is widely-known to have played a very important role in the 1974 amendments to the United States Freedom of Information Act † This article was revised from a paper submitted to “Freedom of Information Laws on the Global Stage: Past, Present and Future,” a symposium held at Southwestern Law School on Friday, November 4, 2016. The Symposium was organized by Professor Michael M. Epstein and Professor David Goldberg and jointly by Southwestern’s Journal of International Media and Entertainment Law and Journal of International Law. * This article draws heavily on research conducted while the author was at the London School of Economics, and was supported by a Research Students grant. 41 \\jciprod01\productn\S\SWT\24-1\SWT102.txt unknown Seq: 2 21-MAR-18 12:06 42 SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW [Vol.
    [Show full text]
  • The Corporate Campaign Against Consumer Class Actions
    Unfairness Incorporated: The Corporate Campaign Against Consumer Class Actions Congress Watch June 2003 Acknowledgments Principal authors of “Unfairness Incorporated: The Corporate Campaign Against Consumer Class Actions,” are Public Citizen’s Congress Watch Legislative Counsel Jackson Williams, Research Director Neal Pattison, Civil Justice Fellow Gretchen Denk and Senior Researcher Taylor Lincoln. The report is based on extensive research provided by Senior Researcher Andrew Benore, Special Counsel Barry Boughton, Legislative Assistant Rebecca Romo and Research Consultant Luke Warren. Congress Watch Director Frank Clemente provided significant editorial direction. About Public Citizen Public Citizen is a 125,000 member non-profit organization based in Washington, D.C., representing consumer interests through lobbying, litigation, research and public education. Since its founding by Ralph Nader in 1971, Public Citizen has fought for consumer rights in the marketplace, safe and affordable health care, campaign finance reform, fair trade, clean and safe energy sources, and corporate and government accountability. Public Citizen has five divisions and is active in every public forum: Congress, the courts, governmental agencies and the media. Congress Watch is one of the five divisions. Public Citizen’s Congress Watch 215 Pennsylvania Ave S.E. Washington, D.C. 20003 P: 202-546-4996 F: 202-547-7392 www.citizen.org ©2003 Public Citizen. All rights reserved. Call Public Citizen’s Publication Office, 1-800-289-3787 for additional orders and
    [Show full text]
  • Why Preemption Proponents Are Wrong
    Posted with permission of TRIAL (March 2007) TRIAL • Fighting preemption • March 2007 • Volume 43, Issue 3 Copyright American Association for Justice, formerly Association of Trial Lawyers of America. Why preemption proponents are wrong Corporate defendants’ claim that the effect of state tort actions is equivalent to state positive law has no merit. The reality is that consumer protection can be guaranteed only when tort remedies work in tandem with federal regulation. BRIAN WOLFMAN he basic idea of federal preemp- because, for instance, these products seeking damages on the ground that the tion is easily stated: It is a con- have been approved for marketing by a plaintiff’s injuries were caused by the Tstitutionally mandated principle federal agency harms both the injured device’s defective design or inadequate that demands that federal law trumps people and society generally. labeling is also preempted. state law when the two confl ict or in In other words, is the effect of posi- the rare instances when a federal law is An unsound theory tive law (in this case, a state’s positive so comprehensive that there’s no role law requirement that a product not be The theoretical basis that defendants left for state law to fi ll. But in practice, marketed) the same as a jury’s damag- offer for preemption of state tort law courts have often had diffi culty applying es verdict (in this case, a state’s award is not fi rmly established in preemption the principle. of damages based on a design defect)? doctrine. I don’t mean the detailed com- For plaintiff lawyers, preemption is This is an important question because an ever-present worry.
    [Show full text]
  • Supreme Court of the United States
    No. 17-1498 IN THE Supreme Court of the United States ATLANTIC RICHFIELD COMPANY, Petitioner, v. GREGORY A. CHRISTIAN, ET AL., Respondents. On Writ of Certiorari to the Supreme Court of Montana BRIEF OF AMICUS CURIAE PUBLIC CITIZEN IN SUPPORT OF RESPONDENTS SCOTT L. NELSON Counsel of Record ALLISON M. ZIEVE PUBLIC CITIZEN LITIGATION GROUP 1600 20th Street NW Washington, DC 20009 (202) 588-1000 [email protected] Attorneys for Amicus Curiae October 2019 i TABLE OF CONTENTS TABLE OF AUTHORITIES ....................................... ii INTEREST OF AMICUS CURIAE ............................ 1 SUMMARY OF ARGUMENT .................................... 1 ARGUMENT ............................................................... 4 I. CERCLA’s anti-preemption provisions directly address the issues of implied preemption that are central to this case. ........................................ 4 II. Issues of implied preemption, like all other questions involving preemption, turn on the meaning of statutory language. ........................... 6 III. This Court has often read broad anti-preemption provisions to preclude implied preemption. ........ 9 IV. Geier and similar decisions do not control the application of CERCLA’s broad anti-preemption provisions. .......................................................... 13 CONCLUSION .......................................................... 19 ii TABLE OF AUTHORITIES Cases Page(s) Am. Ins. Ass’n v. Garamendi, 539 U.S. 396 (2003) ............................................. 10 AT&T v. Cent. Office Tel., Inc., 524 U.S. 214 (1998) ............................................. 17 Calif. Fed. Sav. & Loan Ass’n v. Guerra, 479 U.S. 272 (1987) ................................... 9, 11, 12 CSX Transp., Inc. v. Easterwood, 507 U.S. 658 (1993) ............................................... 8 CTS Corp. v. Dynamics Corp. of Am., 481 U.S. 69 (1987) ............................................... 13 Dan’s City Used Cars, Inc. v. Pelkey, 569 U.S. 251 (2013) ............................................... 9 Dep’t of Treas. v. Fabe, 508 U.S.
    [Show full text]
  • Program Perspectives a Guide to League Issues 2016-2018 League of Women Voters of Texas
    Program Perspectives A Guide to League Issues 2016-2018 League of Women Voters of Texas League of Women Voters of Texas 1212 Guadalupe #107 Austin, TX 78701 (512) 472-1100 [email protected] www.lwvtexas.org LEAGUE PRINCIPLES The Principles are concepts of government to which all Leagues subscribe. They are the beliefs shared by League members everywhere. Principles are the basis upon which national, state, and local program is adopted. The Principles themselves may be used to take action at any level of government. However, because they are broad statements, such action is usually taken in conjunction with current League positions. Additional information on their usage is found in Impact on Issues (LWVUS). The League of Women Voters believes: in representative government and in the individual liberties established in the Constitution of the United States. that all powers of the U.S. government should be exercised within the constitutional framework of a balance among the three branches of government: legislative, executive, and judicial. that democratic government depends upon informed and active participation in government and requires that governmental bodies protect the citizen’s right to know by giving adequate notice of proposed actions, holding open meetings, and making public records accessible. that every citizen should be protected in the right to vote; that every person should have access to free public education that provides equal opportunity for all; and that no person or group should suffer legal, economic, or administrative discrimination. that efficient and economical government requires competent personnel, the clear assignment of responsibility, adequate financing, and coordination among the different agencies and levels of government.
    [Show full text]