While the Supreme Court has noted that the courts will generally defer to Congress as to the regulatory purpose of a statute absent clear proof of punitive intent, there appear to be potential issues raised with attempting to find a rational non-punitive regulatory purpose for this legislation.
But the committee's ranking Republican, Rep. Glenn Thompson of Pennsylvania, defended the companies, arguing that "it appears mine operators are simply adapting to a punitive new regulatory environment that favors litigation and conflict over collaboration".
Another problem with treating the tax as punitive rather than regulatory is that it gives the banks and other financial institutions the ammunition to fight it.
Also, arbitrary punitive actions by regulatory authorities, including the threat of disciplinary action against striking HCWs, such as those proposed the HPCSA [ 48- 50], will only lead to more resentment by doctors and counterproductive results [ 55].
The absence of regulatory or punitive measures for cases of non-application of community law may account for the failure to apply the provisions of laws relating to development of intra- COMESA trade development.
Democrats said they weren't looking for "regulatory or punitive" measures, and proposed incentives for farmers to plant crops that need less water or to forgo flood irrigation in favor of more efficient methods.
The double jeopardy argument fails if the law is seen as regulatory rather than punitive.
The charter also exposes newspapers that refuse to join the regulatory regime to punitive damages if cases are brought against them.The large newspaper groups are having none of it.
In addition, the current regulatory framework is punitive to those who want to be efficient for other emerging research questions.
