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

Monthly Archives: July 2013

Monday Morning Regulatory Review – 7/29/13

Posted in Judicial Review & Remedies, Regulatory Process

Several key regulatory events in the past week include decisions from the courts on rules on greenhouse gases, air quality standards for ozone, and conflict minerals.  Two court of appeals split on whether companies can exercise religious views, lessening the likelihood that the United States Supreme Court (SCOTUS) will decide any administrative law issues relating… Continue Reading

Monday Morning Regulatory Review – 7/22/13

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

Two recent cases of interest deserve at least a summary review – the vacation of an Environmental Protection Agency (EPA) rule that deferred regulation and permitting of some carbon dioxide emissions in scientific uncertainty and rejection of a Securities and Exchange Commission (SEC) rule on whistleblowers in private litigation.  In response to litigation and Congressional… Continue Reading

Monday Morning Regulatory Review – 7/15/13

Posted in Judicial Review & Remedies, Regulatory Process

It’s vacation time in Washington and elswwhere.  Four events last week are guaranteed not to provide good beach reading:  The Office of Management and Budget (OMB) released a Unified Agenda of planned regulatory actions and, of more immediate concern, the Federal Aviation Administration released its 1500 hour rule in the wake of Asiana 214’s tailhook… Continue Reading

Monday Morning Regulatory Review – 7/8/13

Posted in Constitutional Issues in Regulations, Regulatory Process

The Administration announcement that the employer sanctions provision of the Patient Protection and Affordable Care Act (PPACA) would not be implemented for another year, until 2015, stirred debate on the legality of that delay.  On the other hand, the United States Supreme Court (SCOTUS) decision that the Defense of Marriage Act (DOMA) was unconstitutional stirred… Continue Reading

D.C. Circuit Orders Labor FLSA Interpretation Vacated & Clarifies APA Requirements

Posted in Judicial Review & Remedies, Regulatory Process

In yet another blow to the current Administration’s attempts to rewrite policy, the United States Court of Appeals for the District of Columbia Circuit vacated a decision of the district court and remanded with instructions to vacate a 2010 Department of Labor (DOL) Fair Labor Standards Act (FLSA) opinion letter – Mortgage Bankers Association v…. Continue Reading

District Court Vacates SEC Mineral Extraction Reporting Rule

Posted in Judicial Review & Remedies

The United States District Court for the District of Columbia vacated and remanded the Securities and Exchange Commission (SEC)’s Disclosure of Payments by Resource Extraction Issuers rule in American Petroleum Institute v. SEC.  The ruling found that the SEC misread the statute on one issue and failed to provide a rational for its interpretation on… Continue Reading

SCOTUS Review: Administrative Law Cases in the 2012 Term

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

The United States Supreme Court (SCOTUS) decides a few significant administrative law cases each Term and the Term just concluded was no exception.  Although “administrative law” decisions do not draw the interest of the more volatile constitutional cases that the general press finds so tantalizing, administrative law and related decisions profoundly affect how Americans live… Continue Reading

Monday Morning Regulatory Review – 7/1/13

Posted in Judicial Review & Remedies, Regulatory Process

The Administration filled a key regulatory post and the Office of Management and Budget (OMB) completed review on another economically significant Patient Protection and Affordable Care Act regulation, in addition to the preventive contraceptives final rule.  In the courts, a district court judge set extended deadlines for the Food and Drug Administration (FDA) to promulgate… Continue Reading