Header graphic for print
Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

Monthly Archives: May 2013

Monday Morning Regulatory Review – 5/27/13

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

This week, a little more movement toward the Supreme Court resolving the constitutionality of intrasession recess appointments – and the impact on a number of regulations approved by such recess appointees.  A new study outlines to some extent the (environmental) agency practice of being sued by environmental supportive groups and settling on regulatory timing and… Continue Reading

EPA Tier 3 Vehicle Emissions Standards: Too Little Time to Comment

Posted in Judicial Review & Remedies, Regulatory Process

The Environmental Protection Agency (EPA) today published its Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards proposed rule in the Federal Register.  Unfortunately, public comments are due on this proposed rule on June 13, 2013 – only 24 days from now.  In short, the massive 1,572 typescript pages,… Continue Reading

SCOTUS Permits Chevron Deference to Agency’s View of Jurisdiction: A New Void to Fill

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

The Supreme Court of the United States (SCOTUS) today decided (5+1–3), in City of Arlington v. FCC, that courts do owe agencies deference in interpreting the statutory scope of agency jurisdiction.  The court held that lower courts should apply Chevron deference to agency determinations of their own jurisdiction in ambiguous statutes by rejecting the jurisdictional… Continue Reading

Monday Morning Regulatory Review – 5/20/13

Posted in Agency Authority, Constitutional Issues in Regulations, Judicial Process, Judicial Review & Remedies

This week’s review is all about litigation updates:  A new decision from the United States Court of Appeals for the Third Circuit struck down President Obama (POTUS)’s recess appointments to the National Labor Relations Board (NLRB) as unconstitutional.  The ongoing authority feud surrounding the Food and Drug Administration (FDA) limitation of the emergency contraceptives for… Continue Reading

ACUS 58th Plenary Session: Authoritative Recommendations & Studies Worth Reading

Posted in Regulatory Process

The Administrative Conference of the United States (ACUS) has released the agenda, recommendations, and supporting studies for its 58th Plenary Session to be held June 13 – 14, 2013.  ACUS will consider adopting recommendations on: Social Security Disability Adjudication Benefit-Cost Analysis at Independent Regulatory Agencies Science in the Administrative Process Administrative Record in Informal Agency… Continue Reading

Monday Morning Regulatory Review – 5/13/13

Posted in Judicial Review & Remedies, Regulatory Process

This week a sprinkling of interesting events flavors administrative law.  Recess appointments litigation may get closer to sweetening the United States Supreme Court (SCOTUS) calendar.  A court decision on timing of electronic filing soured one agency’s day, and provides lessons for others.  Another court fed a bitter pill to the Department of Justice (DOJ) in… Continue Reading

D.C. Circuit Vacates NLRB Posting Rule – Enforcement Provisions Violated NLRA and Posting Requirement Could Not Be Severed

Posted in Judicial Review & Remedies, Regulatory Process

The United States Court of Appeals for the District of Columbia today vacated – in National Association of Manufacturers v. NLRB – the National Labor Relations Board (NLRB) Notification of Employee Rights under the National Labor Relations Act {NLRA), or “Posting Rule.”  The court’s decision clarified the starting point for judicial review of final agency… Continue Reading

Monday Morning Regulatory Review – 5/6/13

Posted in Judicial Review & Remedies, Regulatory Process

All dollars great and small about regulations this week:  the Consumer Financial Protection Bureau (CFPB) theoretically made credit more available, but reality may not be so easy.  Stock Exchange data cost rules, are no longer the subject of Securities and Exchange Commission (SEC) approval under Dodd-Frank, and are also no long subject to a petition… Continue Reading

Teenagers and Plan B One Step: Appeal and Request for Stay of FDA Compliance with District Court Order

Posted in Agency Authority, Judicial Review & Remedies

UPDATE (May 1, 2013 2015):  In an unsurprising move, the Department of Justice (DOJ) is appealing the district court’s ruling in Tummino v. Hamburg II after the FDA announced yesterday a new approval for the sale of the Plan B One Step (or morning after pill) over the counter with proof of age of at… Continue Reading