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575 points gausswho | 3 comments | | HN request time: 0.65s | source
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bpodgursky ◴[] No.44505969[source]
From a different article [1]:

> But the U.S. Court of Appeals for the Eighth Circuit said the FTC erred in its rulemaking process by failing to produce a preliminary regulatory analysis, a statutory requirement for rules whose annual effect on the national economy would exceed $100 million.

> The FTC had argued that it was not required to prepare the preliminary analysis because its initial estimate of the rule’s impact on the national economy was under the $100 million threshold — even though ultimately the presiding officer determined the impact exceeded the threshold.

This is a case where congress really did pass a concrete law, and the court is requiring the FTC to follow it. Sucks that a reasonable rule is getting voided for the sloppiness but I really don't think the courts are indefensibly out of line.

[1] https://thehill.com/policy/technology/5390731-appeals-court-...

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1. renewiltord ◴[] No.44506160[source]
Typical decel nonsense to add all these preliminary analyses. This is CEQA/NEPA type garbage.

Fortunately, California law should be unaffected by this and that will probably be sufficient.

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2. bpodgursky ◴[] No.44506189[source]
Normally I'm aligned but this is sort of a NEPA rule making sticking a monkeywrench in the gears creating new regulations, so I'm not totally opposed to the principle, as irritating as it is here.
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3. renewiltord ◴[] No.44506232[source]
Convincing. I guess I was thinking at step 1 deceleration but this actually depowers step 1 deceleration.

Ideally, we don't have all these structures slowing down societal adaptation. It's like we anneal over time, and that makes us brittle. We need to always be ready to bend to a new wind.