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Regulatory Abuse of Small Business - New York

New information added on June 11, 2012

"Supreme Court Allows Couple to Sue EPA Over Wetlands Compliance"
New York Propery Rights Clearinghouse (Brief, PRFA, Winter 2012)
The Supreme Court held on March 21, 2012 that Michael and Chantell Sackett did not have to exhaust all administrative hurdles before challenging the EPA in court.

"At the U.N., Three of World's Poorest Countries Thank U.S. for Help Streamlining Bureaucracy" - News Brief, PRFA, Summer 2009

"Mayor Bloomberg's Rules Attack Landlords and Small Businesses"
- PRFA, Summer 2004
New York City's new lead poisoning rules peg landlords as guilty unless proven innocent. The City's new awning rules were put on hold because ninety percent of awnings would have been illegal. The tradition of newsstands is targeted by a "crackdown on street furniture."

News Brief - July 2003:
NYC CLASH Sues NY City against Smoking Ban
New York City Citizens Lobbying Against Smoker Harassment, which is known as CLASH, brought a suit against the City on July 23, 2003 claiming that the City's smoking ban violates the fundamental rights of smokers as described in the First, Fifth, and Fourteenth Amendments. The lawsuit, brought by their attorney Kevin T. Mulhearn, claims that the ban violates the unabridgeable right of smokers to enter into contracts, right of free assembly and association, and the federal guarantees of both equal protection and due process.

Web Site:


See Also
See Also

Energy Production and Distribution Obstruction in New York

Government Control of Private Land

Obstruction of Gravel Mining - New York

Scenic Byways and All-American Roads - New York

Essential Books & Publications
Essential Books
& Publications

(For further description of PRFA publications, see publication list.)
The Property Owner's ExperienceNew York's Arbitrary and Excessive Environmental Regulation of Private Land and Resources - By Carol W. LaGrasse (PRFA, 1998)
Background and Recommendations for reforms in 20 areas of state policy, including: eliminate bias; establish binding time cutoffs for agency review; eliminate discretionary powers; restrict agency powers to statute; eliminate cost-ineffective, functionless rules; use science, not emotionalism, for policy decisions; and other reforms needed to environmental regulation.

City Journal
Indispensable quarterly about the economics, politics, and life of New York City
Published by the Manhattan Institute
52 Vanderbilt Avenue, 2nd Floor
New York, NY 10017(212) 599-7000

The Ecology of Housing Destruction
By Peter D. Salins, Chairman, Dept. of Urban Affairs
Hunter College, City University of New York
New York University Press for the
International Center for Economic Policy Studies (1980)
Salins illuminated how existing public policies and regulations that were meant to assist have helped destroy New York's housing. At the time of publication in 1980, 200,000 apartments had been destroyed within a decade. The subsequent loss of housing stock in New York City can largely be explained by his treatise.

Additional Resources
Additional Resources

NFIB - New York
National Federation of Independent Business

"The Voice of Small Business"
Mark P.Alesse
New York State Director
address & website

Pennsylvania Independent Petroleum Producers (PIPP)
P.O. Box 103
Bradford, Pennsylvania 16701-0103
Attn: Joyce Cline, Secretary
(Newsletter available to members)

Independent Oil and Gas Association of New York State (IOGA)
5743 Walden Drive
Lakeview, NY 14085
(716) 627-4250
(Newsletter available to members)
Web site:


Manhattan Institute for Public Policy Research
Manhattan Institute is a think tank whose mission is to develop and disseminate new ideas that foster greater economic choice and individual responsibility.

NYC CLASH Sues NY City against Smoking Ban
Web Site:


In-Depth Information

  • Jeff Williams"Property Rights Bills in the New York State Legislature" - By Jeff Williams, Assistant Director of Government Relations, New York Farm Bureau - Speech to the Seventh Annual Conference on Private Property Rights (PRFA, October 18, 2003)
    The New York Farm Bureau's 34,000 grassroots members succeeded in defeating a mislabeled "canned shoot" bill, which had no acreage limitation. Open burning and light pollution (fugitive lighting) bills threaten farmers. Tax exempt reform legislation could relieve undue burdens on property owners.
  • "Legislators are Hurting Small Businesses with New Smoking Ban"
    - By Carol W. LaGrasse, Letter to the Editor, Adirondack Journal,
    July 26, 2003
    The State of New York is punishing small businesses by banning smoking in bars and restaurants, but avoids tackling one of the most important dangers of smoking, the high radioactivity of cigarettes.
  • "Radioactivity in Cigarette Smoke" - By Carol W. LaGrasse, P.E., 1986
    Radioactivity in cigarette smoke is one of the prime factors incausing lung cancer. Death ratios among smokers from other causes are greatly elevated above those of non-smokers.
  • "DEC's Over-regulation of Small Oil Producers" - By Carol W. LaGrasse (Reprinted from The Property Owner's Experience, April 1998)
    Over the past fifteen years, thousands of oil wells in the Bradford Field in southwestern New York have gone out of production. Although the wells have the capacity to produce oil for many years, the operators are squeezed by low prices and increased costs of environmental regulation.

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