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

Monthly Archives: June 2013

Final HHS Preventive Contraceptives Rule and a New Circuit Decision: A Clearer Path for Judicial Review

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

Two recent events relating to the Department of Health and Human Services (HHS) and sister agencies’ requirement that employers provide preventive contraceptive services to women through insurance and without co-pay bring several legal issues closer to resolution: HHS published its much anticipated – by courts and litigants – final rule, and the United States Court… Continue Reading

Monday Morning Regulatory Review – 6/24/13

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

Regulatory process returned to the forefront last week, with Department of Health and Human Services (HHS) proposing the latest in Patient Protection and Affordable Care Act rule for small business, while the Small Business Administration (SBA) published four more size standard adjustments and will soon publish new size integrity standards.  The Securities and Exchange Commission… Continue Reading

ACUS Adopts Authoritative Recommendations for Improving Federal Administrative Law

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

The Administrative Conference of the United States (ACUS) adopted four sets of recommendations at the plenary session of its Assembly last week after some substantial debate and amendment.  ACUS, a highly influential federal advisory committee, often recommends authoritative agency best practices and solutions to problems facing the federal administrative state.  The most recent ACUS recommendations… Continue Reading

Monday Morning Regulatory Review – 6/17/13

Posted in Judicial Process, Judicial Review & Remedies

Litigation involving various aspects of Department of Health and Human Services (HHS) regulations and operations dominated the past week with quiet endings.  The intense debate over the Food and Drug Administration (FDA) plans for emergency contraceptives Plan B and Plan B One Step fizzled with the government’s capitulation.  The organ donor litigation that captured much… Continue Reading

NLRB Has No Authority for Posting Rule: 4th Circuit Joins D.C. Circuit, with Broader Reasoning that the NLRB Exceeded Statutory Authority

Posted in Agency Authority, Judicial Review & Remedies

The United States Court of Appeals for the Fourth Circuit affirmed a district court judgment that the National Labor Relations Board (NLRB) had no statutory authority to promulgate its Notification of Employee Rights Under the National Labor Relations Act, or “posting rule.”  The Fourth Circuit thus joined the District of Columbia Circuit.  The latest opinion… Continue Reading

Monday Morning Regulatory Review – 6/10/13

Posted in Agency Authority, Judicial Process, Regulatory Process

Unrelated events of the past week in regulatory practice include the publication of Environmental Protection Agency (EPA)’s proposed new limitations on power plant water effluents – the result of cleaner air requirements – and wider dissemination of new “social cost of carbon” standards for regulatory impact analyses.  The Department of Health and Human Services (HHS)… Continue Reading

Monday Morning Regulatory Review – 6/3/13

Posted in Regulatory Process

The Environmental Protection Agency (EPA) did not heed calls for extension of the public comment period on a massive rulemaking – granting a stingy extension that will cause more requests.  The Consumer Financial Protection Bureau (CFPB), on the other hand, delayed the effective date on a major mortgage rule for seven months to try to… Continue Reading