They are playing a bit fast and loose with the word "banned".
> Your smartphone contains materials processed through semiconductor fabrication, chemical etching, metal anodizing, glass tempering, and electroplating — none of which you could start a new facility for in California without years of litigation.
I agree that we should make it easier to do things, specifically by decreasing the amount of litigation involved in doing stuff. But the risk of a bunch of litigation isn't a ban, right? I get that it's trying to be attention-grabbing, but calling it a ban when it's not just sort of confuses the issue.
Being unable to start a project without doing 5 years of legal wrangling once you put shovel to earth may not be a "ban", but it sure doesn't encourage development.
He's talking about taking the government to court to force it to follow the law, not "maybe we'll get sued later."
Agreed, words matter. There are a lot of smart people out there, and the writer of this site makes me skeptical when he/she exaggerates, omits or spins info. Tell us all the facts at least, so we can trust you.
> But the risk of a bunch of litigation isn't a ban, right?
Funny enough, I've known some people over the years who have explicitly viewed litigation as a reasonable alternative to regulation. Their logic was that we should just let people and companies do whatever they want. Then, if it turns out a company is dumping mercury in the river or whatever, you litigate based on the damages. Better than regulation, they assured me.