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

Monthly Archives: February 2014

Monday Morning Regulatory Review – 2/24/14: Preliminary Injunctions & Obamacare Contraceptives Mandate; FCC Net Neutrality; & Food Safety Time

Posted in Judicial Review & Remedies, Regulatory Process

The Administration pushed a number of new positions in the past week, but three more discrete actions at the intersection of regulatory process and judicial review of final rules deserve attention.  The United States Court of Appeals for the Seventh Circuit affirmed denial of a preliminary injunction in the Obamacare contraceptives mandate war because the… Continue Reading

ABA 10th Annual Administrative Law & Regulatory Practice Institute – One Meeting Worth Attending

Posted in Judicial Review & Remedies, Regulatory Process

Attorneys must keep up to date with the developments in the law – one reason for this blog and one reason for attending the American Bar Association (ABA) Administrative Law and Regulatory Practice Section’s 10th Annual Administrative Law & Regulatory Practice Institute on April 3 – 4, 2014.  Many courts require attorneys to attend “continuing… Continue Reading

Monday Morning Regulatory Review – 2/17/14: Obamacare Employer Mandate & Marijuana Dispensary Banking

Posted in Agency Authority, Regulatory Process

Another seemingly quiet week was punctuated by incursions on the twilight zone between regulations and guidance.  The Department of the Treasury’s Internal Revenue Service (IRS) delayed and refined the Obamacare employer mandate by a final rule.  On the other hand, the Treasury’s Financial Crimes Enforcement Network (FINCEN) and the Department of Justice (DOJ) attempted to… Continue Reading

D.C. Circuit Affirms Permanent Injunction of IRS Tax Preparer Rule – No Authority & a Century of Silence

Posted in Agency Authority, Judicial Review & Remedies

The United States Court of Appeals for the District of Columbia today schooled the Internal Revenue Service (IRS) and the Department of the Treasury (DOTr or Treasury) on statutory construction and the limits of delegated regulatory authority in Loving v. IRS, affirming the district court decision by the same name.  The court found that the… Continue Reading

Monday Morning Regulatory Review – 2/10/14: NLRB Election Rule Resurrection; Auto Auto Communications; & Lithium Batteries

Posted in Regulatory Process

Among few highlights from the regulatory world last week other than one problematic court decision previously noted, the National Labor Relations Board (NLRB) resurrected a union election process rule that had been vacated for want of a quorum.  The Department of Transportation (DOT) took two interesting steps – moving forward with new technology for light… Continue Reading

Third Circuit Upholds Labor H-2B Regulations & Confuses Agency Rulemaking Jurisdiction

Posted in Agency Authority, Regulatory Process

The United States Court of Appeals for the Third Circuit recently upheld the Department of Labor (DOL) promulgation of regulations governing the calculation of the minimum wage a United States employer must offer to recruit non-agricultural foreign workers under the Department of Homeland Security (DHS) “H-2B” visa program in Louisiana Forestry Association v. Secretary United… Continue Reading

Monday Morning Regulatory Review – 2/3/14: Volcker & Trust Preferred Securities; SOTU Contractor Minimum Wage; Battery Charger Efficiency; Safe Food Transport; and CDL Drug & Alcohol Clearinghouse

Posted in Agency Authority, Regulatory Process

This week in federal regulatory practice was highlighted by agency action rather than litigation, particularly the long-anticipated and delayed publication of the Volcker Rule and its first amendment, formally starting the clock for implementation and litigation.  The most significant action in the Administration’s long-term goals was President (POTUS)’s announcement that he would require federal contractors… Continue Reading