One highlight from the last week in regulatory practice overshadowed all else: confusion over fundamental administrative law and judicial review issues far beyond the confines of environmental law became evident in conflicting court decisions and the damming of the Environmental Protection Agency (EPA) and Army Corps of Engineers’ Clean Water Rule: Definition of Waters of… Continue Reading
Monthly Archives: August 2015
Monday Morning Regulatory Review – 8/24/15: Conflict Minerals Demise; Home Health Care Reversal & Ministerial Removal
Posted in Agency Authority, Constitutional Issues in Regulations, Judicial Review & RemediesThree completely different and unrelated regulatory events in the past week deserve attention. A confluence of coincidences last Tuesday illustrated the First Amendment to the United States Constitution limits on symbolic rather than functional regulation. At the same time, changed facts and a changed industry justify a change in regulation. Finally, some rules are purely… Continue Reading
Monday Morning Regulatory Review – 8/17/15: Clean Power Plan Litigation Preview; WOTUS Litigation Update; STEM Extension Vacatur Stay & Delayed Effective Date
Posted in Judicial Process, Judicial Review & Remedies, Regulatory ProcessHighlights from last week in regulatory practice include commencement of litigation over the Administration’s Clean Power Plan in an unusual form while the usual form continued in judicial review of the Administration’s Waters of the United States (WOTUS) final rule. Application of “good cause” exceptions to Administrative Procedure Act (APA) requirements led one district court… Continue Reading
Monday Morning Regulatory Review – 8/10/15: Clean Power & Pay Disclosure
Posted in Judicial Process, Regulatory ProcessTwo agencies spiced up the normal August vacation interlude guaranteed litigation for years to come: The Environmental Protection Agency (EPA) promulgated the Clean Power Plan final rules and the Securities and Exchange Commission (SEC) promulgated the Pay Ratio Disclosure final rule. Both rules are expected to become litigation posters.
Monday Morning Regulatory Review – 8/3/15: WOTUS Litigation IV; Cross-State / Transport Rule Remanded; Refrigeration Standards Settlement; Labor Elections Upheld Again; Tax Court Vacates IRS Rule & Clean Power Plan
Posted in Judicial Process, Judicial Review & Remedies, Regulatory Flexibility & Small BusinessLitigation dominated regulatory affairs last week. Procedural posturing continued in the Waters of the United States (WOTUS) litigation while gaining some clarity and the Clean Air Act (CAA) “good neighbor” regulations returned to the Environmental Protection Agency (EPA) for further refinement. Litigants asked the courts to partially vacate and remand efficiency standards for walk-in refrigerators,… Continue Reading