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

Monthly Archives: September 2012

Monday Morning Regulatory Review – 9/24/12

Posted in Legislation, Regulatory Flexibility & Small Business

A relatively quiet week allows us to catch up on some important odds and ends.  The Small Business Administration (SBA) published three new small business size standards that affect large swaths of the economy and many future regulatory analyses.  The Congress left town (they were here for a short period), but the House passed limitations… Continue Reading

Monday Morning Regulatory Review – 9/17/12

Posted in Regulatory Flexibility & Small Business, Regulatory Process

A bevy of new rules and proposed rules were issued last week.  Most notable contributions come from the Bureau of Consumer Financial Protection (CFPB), Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), Environmental Protection Agency (EPA), and Small Business Administration (SBA).  On the management side, the Office of Management and Budget (OMB) has… Continue Reading

Opinion: Five Suggestions to Improve Regulatory Transparency

Posted in Regulatory Process

This blog noted a number of sizable regulations in the pipeline several weeks ago – some published, some to be published, some just completing review by the Office of Management and Budget (OMB), and some compound sets of regulations not subject to that review.  All exhibit transparency issues for even a practiced regulatory scrivener.  Size… Continue Reading

Delicate Technicalities of Judicial Review of Final Agency Action

Posted in Judicial Process, Judicial Review & Remedies

Several weeks ago, this blog alluded to a court of appeals criticism of its district court that focused on the nature of the remedy in judicial review of final agency action under the Administrative Procedure Act (APA): that the court enjoined a rule when it should have set the rule aside.  This criticism may seem… Continue Reading

Food Safety Statute & Delay: Litigating Congressional Deadlines

Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory Process

Food safety – what could be more important?  The FDA Food Safety and Modernization Act (FSMA), signed into law on January 4, 2011, requires a significant regulatory shift by the Food and Drug Administration (FDA).  FSMA imposed numerous deadlines for FDA to adopt regulations and those deadlines have passed into history without rules.  Given those… Continue Reading

Monday Morning Regulatory Review – 9/10/12

Posted in Judicial Review & Remedies, Regulatory Process

The short post-Labor Day week is often quiet, but that understates how quiet last week was indeed.  Judicial decisions were relatively sparse, but two cases pose interesting problems of agency press releases, and one case raised mootness in the political tumult.  The Office of Management and Budget (OMB) completed review of no significant rules, and… Continue Reading