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

Monthly Archives: February 2013

Monday Morning Regulatory Review – 2/25/13

Posted in Constitutional Issues in Regulations, Judicial Review & Remedies

Litigation over President Obama’s recess appointments took several additional steps last week and few significant rules were published.  One rule worth noting is a Department of Health and Human Services (HHS) follow-up final rule establishing standards for essential health benefits under the Patient Protection and Affordable Care Act.  Two Department of Labor cases also deserve… Continue Reading

The Need to Know About Executive Orders: Much Ado About … Cybersecurity

Posted in Agency Authority, Constitutional Issues in Regulations

“Executive Orders” will never be confused with Shakespeare, but they are often worth reading for political theater.  The real question is not their literary or entertainment value, but what they really do.  President Obama’s (aka POTUS) recent Executive Order 13,636: Improving Critical Infrastructure Cybersecurity provides a good example of what an executive order can and… Continue Reading

Monday Morning Regulatory Review – 2/18/13

Posted in Constitutional Issues in Regulations, Executive - OMB Review, Regulatory Process

The Consumer Finance Protection Bureau (CFPB), along with some cohorts, published a flurry of four final rules last week that will give banking and mortgage attorneys plenty to read and absorb – and consider anew whether the CFPB can legitimately issue these rules.  Adding a little fuel to the Noel Canning fire, a House of… Continue Reading

ACUS Spring Committee Meetings – Studies Worth Following

Posted in Judicial Process, Regulatory Process

The Administrative Conference of the United States (ACUS) announced today a series of meetings by various committees to consider research projects and recommendations.  ACUS is an advisory committee composed of about 100 of the government officials and members of the public most steeped in federal administrative law.  Agree or disagree with ACUS recommendations, they are… Continue Reading

Monday Morning Regulatory Review – 2/11/13

Posted in Agency Authority, Judicial Review & Remedies, Regulatory Process

A quiet week in regulations, punctuated by a few interesting events: The United States Court of Appeals for the District of Columbia Circuit vacated the entire definition of “Vented hearth heater” and remanded in part the Department of Energy (DOE)’s ubiquitous Energy Conservation Program rule. The Department of Health and Human Services (HHS) published their… Continue Reading

Monday Morning Regulatory Review – 2/4/13

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

Regulatory and judicial processes intersected last week to a greater extent than usual, with several departments addressing (or not) court decisions and ongoing litigation.  Highlights: Department of Health and Human Services (HHS) proposing its promised rule on contraceptives and religious organizations that has been the subject of numerous cases, including direct challenges and injunctions; Environmental… Continue Reading