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

Monthly Archives: March 2014

Monday Morning Regulatory Review – 3/31/14: Obamacare Extension; Waters of the United States; IRS Meets Bitcoin; & COOL Regulations Preliminary Injunction Denial Affirmed

Posted in Agency Authority, Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory Process

Anthology of the highlights of the last week in regulatory practice is somewhat focuses on some large issues that drew immediate attention, even if the substantive resolutions are many years away.  Foremost (of course) is the latest adjustment in Obamacare in Bulletins from the Department of Health and Human Services (HHS) Centers for Medicare and… Continue Reading

Monday Morning Regulatory Review – 3/24/14: Debit Card Fees Revival; Contractors & Disability Data Analyses; Mathematics & Law; Food Safety Slip; & Obamacare Slide

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

This column changes each and every week as the moving parts of regulatory law shift.  Highlights from the past week illuminate significant government litigation victories in the revival of a regulation that set maximum fees between retailers and servicers of debit cards, summary judgment for the government in a challenge to a rule setting affirmative… Continue Reading

Monday Morning Regulatory Review II – 3/17/14: FLSA Overtime Standards; H-2B Wage Methodology; Gainful Employment; & Electronic Logging Hours of Service

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

While Part I of today’s Monday Morning Regulatory Review (MMRR) focused on Obamacare and health care, this Part II focuses on a wider range of regulatory activity.  President Obama instructed the Department of Labor (DOL) to charge into the breach of Fair Labor Standards Act (FLSA) regulations and DOL, on its own hook, proposed another… Continue Reading

Monday Morning Regulatory Review I – 3/17/14: Obamacare Risks; Third-Party Payments; Medicare Drug Withdrawal; & Congressional Interventions

Posted in Legislation, Regulatory Process

Frenetic regulatory activity in the past week covered large swaths of substantive administrative law in the Administration and the Congress, and likely set the stage for more regulatory litigation, so much so that this Monday Morning Regulatory Review (MMRR) must be divided into two posts.  This post highlights the Department of Health and Human Services… Continue Reading

Monday Morning Regulatory Review – 3/10/14: Obamacare Delays & Exceptions; Regulatory Budget; & EPA Tier 3 Vehicle Emissions

Posted in Regulatory Process

Last week heard significant noise in the regulatory world with very little actual substantive movement.  The key events were a further delay in the Obamacare revision of insurance plans, while, at the same time, finality on some large employer insurance requirements.  Obamacare reporting reflected a larger sweep of regulatory budgeting – more funds swept (or… Continue Reading

Monday Morning Regulatory Review – 3/3/14: FDA Food Labeling; DOJ Guidelines on Journalist Subpoenas; & EPA Greenhouse Gas Data

Posted in Agency Authority, Regulatory Process

Odds and ends from the Federal Register last week  The Department of Health and Human Services (HHS) Food and Drug Administration (FDA) proposed wholesale changes in food labeling, a White House priority.  The Department of Justice (DOJ) published a non-regulatory controversial final policy on how it will relate to news media in requesting information and… Continue Reading