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

Monthly Archives: January 2013

Monday Morning Regulatory Review – 1/28/13

Posted in Agency Authority, Executive - OMB Review, Judicial Review & Remedies

A short week after the Inaugural Holiday (reaffirming that the Republic works) may have slowed publication of rules slightly, but the courts were in full swing.  In addition to finding that the recess appointments to the National Labor Relations Board (NLRB) were unconstitutional and void, which drew the lion’s share of attention, the United States… Continue Reading

D.C. Circuit finds “Recess Appointments” Invalid: NLRB Lacked Quorum

Posted in Constitutional Issues in Regulations

The United States Court of Appeals for the District of Columbia Circuit ruled today that the National Labor Relations Board (NLRB) lacked a quorum to act in Noel Canning v. NLRB because three Presidential “recess” appointments were invalid.  The court found that the United States Senate was not in “the” recess contemplated by the United… Continue Reading

Monday Morning Regulatory Review – 1/21/13

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

This past week saw the January thaw from the holidays in regulatory movement.  The Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) completed review on a number of substantial (if not economically significant) regulations, from arms exports to domestic gun control, and health care privacy.  The Consumer Finance Protection Bureau… Continue Reading

First FDA Food Safety Proposed Rules Released: A Long, Long Road Ahead

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

The Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) completed review of the first of the long-awaited major Department of Health and Human Services (HHS) Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) “first wave” proposed rules: Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls… Continue Reading