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Kwikset, Green Chemistry and Taxes: The Business Wasteland That Is California
Townhall.com ^ | February 3, 2011 | Hugh Hewitt

Posted on 02/03/2011 7:20:34 AM PST by Kaslin

Many readers don’t want to hear another horror story about doing business in California. Because I live and practice law in California, I am perhaps more sensitive than other pundits to the ongoing collapse of the state’s economy, and I also have a front row seat to the parade of regulatory insanities that march by on a near-weekly basis, even as the businesses that once made the state an economic titan line up to head east.

Earlier this week I wrote on the so-called "Green Chemistry Initiative” for the Washington Examiner, and one of my law partners quickly emailed to let me know that wasn’t even the worst business news out of the state that week! Gary Wolensky subsequently posted at HughHewitt.com about the California Supreme Court’s decision in Kwikset Corporation v. The Superior Court of Orange County, and the phone has been ringing and email in-box filling up since then with exclamations of disbelief. The decision opens the doors to thousands of new nuisance lawsuits against every product on every shelf in California, even as the new “green chemistry” regulations when they appear in final form will apply to all products sold in the state. 2011 is opening with a double feature horror flick for job generators even as the state careens towards unofficial but very real bankruptcy.

None of this made it into Governor Jerry Brown’s state-of-the-state address Tuesday night. The always charismatic Category 5 political force delivered a characteristically interesting and provocative talk, but not a paragraph of it dealt with the underlying woes besetting the state: No one in their right mind would start a new manufacturing concern here.

And why would they? There are a dozen states with not just better tax and regulatory legal regimes, but far, far better systems. Florida doesn’t have an income tax, for goodness sake, much less one that is in double digits. Texas doesn’t threaten every manufacturer and every purveyor of every product with “green chemistry” labeling regulations in excess of 90 pages. The Supreme Court of Arizona isn’t going to decree that lawsuits can proceed regardless of any allegation of actual injury.

California has become a giant experiment in how to kill job creation, and with the jobs all the tax revenue those jobs produce and all the good things those tax revenues support like public education and roads.

The state has fundamentally gone off the rails, and almost certainly will have to hit bottom before it can begin to rebuild.

Here’s the text of Jerry Brown’s speech. Read it and weep for California. It is mostly an argument on why the legislature should authorize an appeal to the people to extend “temporary” tax hikes. Brown is demanding that the Republican legislators in the state clear the way for a vote on the extension. They should do no such thing, as the voters overwhelmingly rejected just such a set of tax hikes less than two years ago. Going back for another “no” vote wastes time and diverts attention from the fact that California is a bloated state government with enormous unfounded pension liabilities and chaotic laws and budget rules.

Why would anyone take the new governor seriously when the absurd “green chemistry” regulations lurk, while legions of small time bureaucrats sit on permit applications, while the Coastal Commission routinely blocks ready-to-build projects and the schools refuse to adopt even the most basic reforms to empower charter schools to educate children.

If there was anything approaching a real investigative media in the state, story after story would flow revealing shocking stories of waste, fraud and abuse of taxpayers and businesses along the lines of the City of Bell scandal. Not all of them would involve trucks of misspent money, but also misspent time and effort. Just this week the Alliance Defense Fund had to sue the Los Angeles School District to force the district to allow a fifth grader to sing a Christian-themed song in an annual talent show. Just this week the absurd show-down over the Delta smelt continued, with the Los Angeles Times calling the fish “the most powerful player in California water.” Just last month, tens of millions in so-called “stimulus funds” were designated to purchase an existing train station as a sort of salve to disappointed special interests.

And now the California Supreme Court has declared open season for gold-digging plaintiffs.

California makes Greece look well run. The level of competence of many of the legislators is downright scary, and even America’s most interesting recycling project, Jerry Brown, seems out of new and novel ideas. There is no plan for the unfolding fiscal crisis, no serious budget cutting underway, no federal bailout on the horizon -- just an accelerating march towards a fiscal cliff, punctuated by new bursts of judicial and regulatory excess along the way.


TOPICS: Business/Economy; Culture/Society; Editorial; US: California
KEYWORDS: calegislation

1 posted on 02/03/2011 7:20:37 AM PST by Kaslin
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To: Kaslin
California makes Greece look well run.

Pretty soon they'll be envying Zimbabwe...

2 posted on 02/03/2011 7:30:05 AM PST by Flycatcher (God speaks to us, through the supernal lightness of birds, in a special type of poetry.)
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To: Kaslin

With all due respect to FReepers who live there, seems like California is turning into a large version of Detroit.

Again with respect, California is what happens when liberals have free reign.


3 posted on 02/03/2011 7:34:00 AM PST by upchuck (When excerpting please use the entire 300 words we are allowed. No more one or two sentence posts!)
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To: Kaslin
Shut up! I Am Hero, And Deserve!
4 posted on 02/03/2011 7:42:05 AM PST by kiryandil
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To: Kaslin

Just remember, dear reader, they voted for it.


5 posted on 02/03/2011 7:47:55 AM PST by Citizen Tom Paine (An old sailor sends)
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To: Citizen Tom Paine

Exactly


6 posted on 02/03/2011 7:48:43 AM PST by Kaslin (Acronym for OBAMA: One Big Ass Mistake America)
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To: Flycatcher; All

Honestly, I hope, for the best of the USA at large, California WILL fall off the (fiscal) cliff.

If California defaults, and is NOT bailed out by the federal government, but, gets what it deserves, maybe folks in the rest of the country will have some sense knocked into them.

To me it would be a bit of a pleasure to see California regarded like West Virginia or Mississippi...as a backwards and poor place, other states DON’T want to emmulate.


7 posted on 02/03/2011 7:57:57 AM PST by AnalogReigns
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Comment #8 Removed by Moderator

To: All


9 posted on 02/03/2011 8:06:40 AM PST by winstonwolf33
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To: guerito1
I'm right there with you brother. I vote for the most conservative choice possible in every election, but it's like choosing the most virtuous prostitute.

I think we would be able to fix the situation if we split California into three stated. The San Francisco bay area, to include Oakland could be the state of Confusion, and then the L.A. county area could be Smoglandia.

Plus, that would put us well on the way to attaining the 57 states our President wants.

10 posted on 02/03/2011 8:15:19 AM PST by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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Comment #11 Removed by Moderator

To: winstonwolf33

12 posted on 02/03/2011 9:45:58 AM PST by Nat Turner (I can see NOVEMBER from my house....)
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To: AnalogReigns
We will get the "To big to fail" line......

The question will be...will the other 56 states take the bait.

13 posted on 02/03/2011 9:55:45 AM PST by Osage Orange (MOLON LABE)
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