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

Monthly Archives: June 2014

SCOTUS: Obamacare Contraceptive Rule Failed to Accommodate Corporate Owner’s Religious Rights

Posted in Judicial Review & Remedies, Regulatory Process

The United States Supreme Court (SCOTUS) today required the Obama Administration to implement Obamacare (Patient Protection and Affordable Care Act or PPACA) and it’s regulations to permit closely held corporations to decline to purchase preventative or contraceptive health care coverage that would violate their owners’ religious beliefs in Burwell v. Hobby Lobby.  SCOTUS found that… Continue Reading

Monday Morning Regulatory Review – 6/30/14: Hazardous Waste Fuel; Affirmative Defenses in CAA Suits II; Waters of the United States Extension; & Drones & Model Aircraft Interpretation

Posted in Agency Authority, Judicial Review & Remedies

A very busy last week was dominated by the United States Supreme Court (SCOTUS) (near) end-of-term decisions, but some slightly less notable regulatory actions deserve attention.  On Friday, the United States Court of Appeals for the District of Columbia vacated two separate exceptions to Environmental Protection Agency (EPA) Resource Conservation and Recovery Act of 1976… Continue Reading

SCOTUS Holds Obama Made Unconstitutional NLRB Recess Appointments – Regulations and Adjudications at Risk

Posted in Agency Authority, Constitutional Issues in Regulations

The United States Supreme Court (SCOTUS), in NLRB v. Noel Canning,  today affirmed the United States Court of Appeals for the District of Columbia decision that President Obama (POTUS) unconstitutionally appointed members of the National Labor Relations Board (NLRB) as “recess appointments” when the Senate was not in recess.  SCOTUS unanimously affirmed on narrower grounds… Continue Reading

SCOTUS to Review D.C. Circuit Constitutional Non-delegation Decision that Amtrak is a Railroad, Not a Regulator

Posted in Agency Authority, Constitutional Issues in Regulations, Judicial Review & Remedies

The United States Supreme Court (SCOTUS) today granted certiorari in DOT v. Association of American Railroads (U.S. No. 13-1080) to review of a decision of the United States Court of Appeals for the District of Columbia Circuit that Congress unconstitutionally granted Amtrak regulatory authority over its priority of service among railroads.  Such a delegation, according… Continue Reading

Monday Morning Regulatory Review – 6/23/14: Air Passenger Fees; Electric Generating Carbon Emissions; SCOTUS Zenith

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

A short review of significant odds and ends from last week will be overshadowed by major decisions this week.  Among the significant odds and ends, the Department of Homeland Security (DHS) Transportation Security Administration (TSA) promulgated an increase in air passenger security fees under statutory authority to do so without advance notice and comment, but… Continue Reading

D.C. Circuit Vacates FCC IP Captioning Rule Provisions: Violated APA

Posted in Judicial Review & Remedies, Regulatory Process

The United States Court of Appeals for the District of Columbia Circuit today vacated two provisions of the Federal Communications Commission (FCC)’s Misuse of Internet Protocol (IP) Captioned Telephone Service interim rule (IFR) and final rule in Sorenson Communications v. FCC.  The court provided clear precedent that judicial review of “good cause” exceptions to the… Continue Reading

SCOTUS to Decide Whether Rulemaking Is Required When Agencies Change Established Guidance on Statutes and Regulations

Posted in Judicial Review & Remedies, Regulatory Process

The United States Supreme Court (SCOTUS) today granted certiorari in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association and consolidated the cases for one hour of oral argument next term.  These two cases arise from the previously noted United States Court of Appeals for the District of Columbia Circuit decision in Mortgage… Continue Reading

Monday Morning Regulatory Review – 6/16/14: Legislative v. Interpretive or Procedural Rules; Contractor Minimum Wage; Inflated Size Matters; Changing Interpretation; Regulatory Agendas; & EPA Delays RFS

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

Last week focuses (mostly) on wages and small business.  The United States Court of Appeals for the District of Columbia Circuit handed another setback to the Department of Labor (DOL)’s detachment of binding requirements from regulations.  DOL, for its part, proposed regulations to increase the minimum wage paid by government contractors, a costly proposed rule… Continue Reading

Monday Morning Regulatory Review – 6/9/14: Changing Interpretive Rules; Benefit / Cost Analysis Summary; Acronyms & Initializations Caution; and Maintenance Week

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

Today’s review defies categorization, but four significant unrelated events are worth noting.  The United States Supreme Court (SCOTUS) today may grant review in a critical regulatory case raising the necessity of following notice and comment rulemaking for an agency to alter an existing interpretive rule, setting the stage for argument and decision next Term in… Continue Reading

Monday Morning Regulatory Review – 6/2/14: Health & Food Regulations; Expected Electricity Carbon Rule; Waters of the United States; & Acid Rain Litigation

Posted in Judicial Process, Regulatory Flexibility & Small Business, Regulatory Process

The short holiday workweek produced few hard regulatory events although soft indications continue of the federal government’s intent to regulate the minutiae of daily life.  The Department of Health and Human Services (HHS) published its final rule on long-term Obamacare exchange and insurance market standards and extended the comment period on several food labeling proposals. … Continue Reading