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Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

Monthly Archives: February 2012

Size Matters: SBA Increasing Definitions of “Small” Business

Posted in Judicial Review & Remedies, Regulatory Flexibility & Small Business

The Small Business Administration (SBA) published a final rule on February 10, 2012, that generally increases the size definitions for Professional, Technical, and Scientific Services, and certain other services. This rule is important to business because it reflects a trend improve agency analysis required in Federal rulemaking and include more businesses.  In short, increasing the… Continue Reading

Religious Institutions and Contraceptives – Judicial Review Ahead

Posted in Judicial Review & Remedies, Regulatory Process

HHS released its final rule – adopting “without change” the August 2011 interim rule requiring insurers to provide contraceptive services to women without charge on Friday, February 10.  The final rule will publish in the Federal Register on February 15, 2012 – starting the clock for judicial review.  After three torturous weeks of controversy since… Continue Reading

Administrative Conference (ACUS) Meetings on Science and Paperwork

Posted in Regulatory Process

The Administrative Conference of the United States (ACUS) announced a schedule of committee meetings to consider research projects and possible recommendations  – two of which are of particular interest: ACUS Committee on Regulation will meet on March 7 to consider its Science in the Administrative Process project draft report. ACUS Committee on Administration and Management… Continue Reading

Interpreting Regulations During Litigation: Rethinking Agency Deference II

Posted in Judicial Review & Remedies

The Supreme Court may consider anew whether courts should defer to an agency’s interpretation of its regulations in friend of the court (amicus curiae) briefs.  The Labor Department’s (DOL) interpretation of Fair Labor Standards Act’s (FLSA) “outside sales exemption” from overtime pay, and related regulations, is the focus of Christopher v. SmithKline Beecham.  DOL’s interpretation… Continue Reading

Changing Regulations During Litigation: Rethinking Agency Deference I

Posted in Judicial Review & Remedies

Well, at the time that the 2009 regulation was promulgated … we had lost cases in two courts of appeals. – Deputy Solicitor General Malcolm Stewart, before the Supreme Court in United States v. Home Concrete and Supply, LLC, January 17, 2012. Alan Horowitz (Miller & Chevalier) suggested that Home Concrete asked whether the Supreme… Continue Reading