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The Evolution of Policy as Politics Change

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The Evolution of Policy as Politics ChangeWhat Drives Laws?In the BeginningNader and Public Interest: First Chevrolet, then Al GoreThe Seat Belt Saga IIThe Seat Belt Saga IIIThe Seat Belt Saga IVThe Seat Belt Saga VMotor Vehicle Manufacturers v State Farm Mutual Auto, 463 U.S. 29 (1983)ProcedureThe Court's RulingWhat Else is Going On: Crashworthiness RegulationsThe Seat Belt Saga VIThe Seat Belt Saga VIIWhat are the new issues in automobile safety?Environment and Economic SecurityThe Evolution of Policy as Politics Change2What Drives Laws?First, there is popular concernIndividual storiesThen interest groupsFDA and the JungleMADDInsurance industry - what is their interest?Then pressure on elected officialsSometimes this is compressed as the legislature reacts to a crisisVery seldom does the legislature pass a law just because it is a good thing3In the Beginning4Nader and Public Interest:First Chevrolet, then Al GoreUnsafe at any Speed - 19655The Seat Belt Saga IIThen Congress passes the Traffic and Motor Vehicle Safety Act1967 - regulation requiring seatbelts1972 - realized that people where not wearing the seatbeltsRegulation requiring automatic seatbelts or airbags by 19756The Seat Belt Saga IIIRequired cars between 1973 and 1975 to have automatic seatbelts or ignition interlocksChrysler v. DOT affirmed the regsIndustry choose interlocks - why?1974 - Congress passed a law banning regs requiring interlocks and said that all future regs on passive restraints had to be submitted to Congress for legislative vetoChadha fixes that7The Seat Belt Saga IVDOT under Ford withdrew the regsDOT under Carter (a few months later) passed new passive restraint regs for 1982 and Congress did not veto them1979 - Regs were affirmed in Pacific Legal Foundation v. DOT8The Seat Belt Saga V1981 - DOT under Reagan withdrew the regs because the car companies were going to use automatic seatbelts that could be disconnected.1983 - Motor Vehicles Manufacturers Assoc. V State Farm hit the United States Supreme Court9Motor Vehicle Manufacturers v State Farm Mutual Auto, 463 U.S. 29 (1983)Why these parties?What is their stake in the game?How did they end up suing each other?10ProcedureHow many rule revisions had been done before the one in this case?Why did DOT decide that it could not show that automatic seatbelts would improve safety?What was it about the design that limited their effectiveness?How did the agency use this to decide that the cost of the regulations was not justified?What is the agency's argument that rescinding a rule is like refusing to make a rule?11The Court's RulingWhy did the court reject the argument that since there is little review of refusal to make a rule, that they should be little review when the agency rescinds the a rule?What did the court find that the agency ignored in this analysis?What did the court want to see in the record for the rule making?How is this different from saying that agencies are bound by precedent when making rules?12What Else is Going On:Crashworthiness RegulationsThe Unintended Consequences13The Seat Belt Saga VI1984 - DOT (Libby Dole) promulgated a reg requiring automatic seatbelts or airbags in all cars after 1989, unless2/3 of the population were covered by state seatbelt laws, andthe laws met certain criteriaWhat did some states do?$5 penaltyNo stopNo meaningful seatbelt defenseMost State laws did not meet the criteria14The Seat Belt Saga VII1997 - most newer cars had airbags1998 - airbags kill grannies and little kids!Nothing new - known at the timeSave many more1999 - You can get your airbag disconnectedProducts liability issues?15What are the new issues in automobile safety?CrashworthinessAntilock brakesAll wheel driveTraction controlRoll over preventionFly by wire errorsAutomatic braking16Environment and Economic SecurityGasoline mileageLighter carsSmaller carsWhat is the trade off for safety?Can the DOT admit this?How do they cover it up?Carbon


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