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

Monthly Archives: November 2013

Fall 2013 Unified Agenda Published: Something New, Something Old

Posted in Regulatory Flexibility & Small Business, Regulatory Process

The Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) released the Fall 2013 Current Regulatory Plan and the Unified Agenda of Regulatory and Deregulatory Actions on November 26, 2013.  Many of the rulemakings are “old hat” and have appeared in the plan and agenda many times – illustrating the fundamental… Continue Reading

SCOTUS Grants Review of Obamacare Contraceptive Rule & Religious Freedom Rights

Posted in Constitutional Issues in Regulations, Judicial Review & Remedies

The United States Supreme Court (SCOTUS) announced today that it will hear two cases raising questions of whether the Administration has adequately respected a business owner’s freedom of religion in the Obamacare (Patient Protection and Affordable Care Act or PPACA) regulations when it required that employers provide no cost preventive contraceptive care in employee health… Continue Reading

Monday Morning Regulatory Review – 11/25/13

Posted in Executive - OMB Review, Regulatory Process

Economically significant rules dominated the past week, with extensions of the comment periods on four Food and Drug Administration (FDA) Food Safety Modernization Act proposed rules, Environmental Protection Agency (EPA)’s release of 2014 standards for renewable fuels proposed rule, and Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) completing review… Continue Reading

Monday Morning Regulatory Review – 11/18/13

Posted in Agency Authority, Regulatory Process

After a deluge in last week’s multi-part Monday Morning Regulatory Review, this week is composed of odds and ends mostly bound together by the issue of funds transfers.  The Congressional Budget Office (CBO) released a menu of cost cutting and revenue enhancing measures that included the ever-devilish idea of increasing (and collecting) more fees from… Continue Reading

Monday Morning Regulatory Review – 11/11/13 – Part II: Litigation

Posted in Judicial Process, Judicial Review & Remedies

In litigation, the Obamacare contraceptives intercircuit conflict deepened as the United States Court of Appeals for the Seventh Circuit remanded two cases for entry of preliminary injunctions against enforcement of the HHS’ regulation, and the /United States District Court for the District of Columbia transferred a case back to the plaintiff’s home district because of… Continue Reading

Monday Morning Regulatory Review – 11/11/13 – Part I: Regulations

Posted in Regulatory Flexibility & Small Business, Regulatory Process

Agencies charged new rules and proposed new charges to the American economy last week with renewed vigor, including the Securities and Exchange Commission (SEC)’s overdue crowdfunding proposal, Departments of Health and Human Services (HHS)’s (and others) mental health parity rule, Department of Labor (DOL), Occupational Safety and Health Administration (OSHA)’s electronic reporting proposal, Environmental Protection… Continue Reading

POTUS Issues New Climate Change Executive Order – Agenda for Preparing

Posted in Agency Authority

The White House released President Obama’s new Executive Order: Preparing the United States for the Impacts of Climate Change, on November 1.  Politicians, pundits, and the press either immediately overheated pro or con or totally ignored the release.  As with many such Executive Orders, pronouncements by the President of the United States (POTUS) do not… Continue Reading

SCOTUS Argument Review: Sandifer, Changing Clothes, and Sleeping Dogs

Posted in Judicial Review & Remedies, Regulatory Process

Today’s oral argument before the United States Supreme Court (SCOTUS) in Sandifer v. U.S. Steel yielded largely what was expected.  SCOTUS – and the parties – barely touched upon the issue of the Department of Labor (DOL)’s shifting policy on what constitutes changing clothes under the Fair Labor Standards Act (FLSA), and focused their attention… Continue Reading

Monday Morning Regulatory Review – 11/4/13

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

Obamacare (the Patient Protection and Affordable Care Act or PPACA) remained in the spotlight last week with visible website problems and individual non-conforming insurance policy cancellations, but here the issues are more distinct:  the growing intercircuit conflict over the contraceptives mandate under the Religious Freedom Restoration Act (RFRA), and adoption of a new “hardship” exemption… Continue Reading