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Traditional regulation does not always move quickly enough to keep up with technologies that outpace law, nor does it always encourage innovations that will bring more consumer- and society-friendly technologies to market more quickly.
But the CMA's friend-of-the-court brief argues that Congress's commerce authority cannot trump the states' traditional regulation of medical practice -- a tradition Kennedy cited earlier this year in striking down a Justice Department effort to prevent Oregon doctors from prescribing lethal doses under that state's assisted-suicide law.
This is hard to do, of course, so something like more traditional regulation might make sense.
So why not update traditional regulation to encompass the shadow banks?
Big industrial and commercial customers, the very forces that agitated for competition originally, are leading the return to traditional regulation.
U.S. utilities face significant financial disincentives under traditional regulation in aggressively pursuing cost-effective energy efficiency.
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If government is to meet its goal of wetlands conservation, it must reach beyond traditional regulations.
Allowance allocations or emission baselines can be established either directly by the EIP rules or by reference to traditional regulations (e.g., RACT requirements).
States will be at a disadvantage if they place limits on charter schools (publicly funded schools that operate without traditional regulations).
Until Connecticut passed its franchise law, New Jersey was the only state in the region to allow a statewide franchise for new entrants, while New York and New England states including Rhode Island and Massachusetts consider these companies akin to cable, requiring them to follow the same traditional regulations.
The Georgia plant, he said, falls under traditional regulations that pass the costs of construction on to power customers; Calvert Cliffs, he said, was in a "merchant" environment, where companies build at their own risk, and sell power at market rates.
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