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

Category Archives: Legislation

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Rule-Related Limits in Appropriations: A Viable Congressional Review Act

Posted in Constitutional Issues in Regulations, Legislation

Ilyse Schuman recently reported in the Employment Law Update that the House Appropriations Committee had approved FY2013 funding, and filed a report, for the Equal Employment Opportunity Commission (EEOC).  She focused on the catch that “none of the funds made available in this Act” can be used to implement the EEOC’s Disparate Impact and Reasonable… Continue Reading

Monday Morning Regulatory Review – 4/30/12

Posted in Executive - OMB Review, Judicial Review & Remedies, Legislation, Regulatory Flexibility & Small Business

Regulations:  The Office of Management and Budget (OMB) began review on three more Small Business Administration (SBA) planned system of adjustments to the Small Business Size Standards, which generally increase the scope of regulatory flexibility analyses and the pool of businesses that are eligible for small business contracts.  OMB completed review of SBA final rules… Continue Reading

Monday Morning Regulatory Review – 4/16/12

Posted in Executive - OMB Review, Judicial Review & Remedies, Legislation

Last Week:  The post-Easter week was as quiet as the pre-Easter week, but significant new developments are expected.  OMB does not appear to have completed review of any “significant” rules, but one rule that OMB cleared illustrates a flaw in the transparency of the review process.  EPA finally published its proposed rule limiting “new” coal-fired… Continue Reading

Monday Morning Regulatory Review – 4/2/12: A New Feature

Posted in Executive - OMB Review, Judicial Review & Remedies, Legislation

This blog focuses on the large issues presented in Federal rulemaking.  Colleagues have suggested that I review interesting regulatory and administrative law events that, while significant, don’t warrant a separate post.  To accommodate that interest, the Federal Regulations Advisor offers this first Monday Morning Regulatory Review summarizing OMB completion of review and agency publication in… Continue Reading

Clear Statutes & Unforeseen Circumstances: The Danger of Overreach

Posted in Constitutional Issues in Regulations, Judicial Review & Remedies, Legislation

The United States District Court for the District of Columbia has invalidated the Federal Election Commission (FEC) electioneering contributor disclosure limitations, or campaign donor advertising, regulations.  The court found that statutory rulemaking delegation did not authorize the FEC to promulgate rules to respond to changes occasioned by Supreme Court decisions that parts of the statute… Continue Reading

House Passes Massive Administrative Law Reforms – President’s Advisors Recommend Veto – Future Uncertain

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

The U.S. House of Representatives passed massive changes in the Administrative Procedure Act (APA), Regulatory Flexibility Act (RFA), and the Congressional Review Act (CRA) in late 2011.  The President’s Senior Advisors indicated they would recommend that POTUS veto all of these bills if presented to him.  Senate action, and thus enactment, is unlikely.  The House… Continue Reading