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Category Archives: Legislation

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Monday Morning Regulatory Review – 7/14/14: Hobby Lobby Legislation; Guidance Finality; & Minimum Wage Extension

Posted in Judicial Review & Remedies, Legislation, Regulatory Process

Each branch of government contributed a highlight to an otherwise somnambulant summertime week.  Congressional members responded to the United States Supreme Court (SCOTUS) Hobby Lobby decision with new legislation that raises new questions.  The United States Court of Appeals for the District of Columbia Circuit held Friday that the Environmental Protection Agency (EPA) guidance to… 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

Administrative Conference Approves Three New Recommendations

Posted in Legislation, Regulatory Process

The Administrative Conference of the United States (ACUS) approved three recommendations at its 57th Plenary Session on December 6 – 7, 2012: Reform of 28 U.S.C. § 1500; Third-Party Programs for Regulatory Compliance; and Civil Monetary Penalty Inflation Adjustment. This blog previously posted the agenda recommendations and reports.  Why Congress, the agencies, and practitioners should… Continue Reading

Administrative Conference 57th Plenary Session Agenda

Posted in Legislation, Regulatory Process

The Administrative Conference of the United States (ACUS) will meet for its 57th Plenary Session on December 6 – 7, 2012, to consider three recommendations dealing with Reform of the Procedural Trap between the Court of Federal Claims and the United States District Courts; Third-Party Programs for Regulatory Compliance; and Civil Monetary Penalty Inflation Adjustment…. Continue Reading

Monday Morning Regulatory Review – 9/24/12

Posted in Legislation, Regulatory Flexibility & Small Business

A relatively quiet week allows us to catch up on some important odds and ends.  The Small Business Administration (SBA) published three new small business size standards that affect large swaths of the economy and many future regulatory analyses.  The Congress left town (they were here for a short period), but the House passed limitations… Continue Reading

House Passes “Regulatory Freeze for Jobs Act”; POTUS Senior Advisors Recommend Veto

Posted in Legislation

The House of Representatives today passed H.R. 4078 [engrossed], the Regulatory Freeze for Jobs Act of 2012, a bill to prohibit promulgation of significant regulatory action until the Secretary of Labor reports that the average of monthly unemployment rates for any quarter after enactment is 6% or less.  The President’s senior advisors would recommend a… Continue Reading

Plain Meaning & A Warning to Agencies: Supreme Court’s RESPA Decision

Posted in Judicial Review & Remedies, Legislation

The Supreme Court of the United States unanimously took Congress at its word last week.  The Court decided that an unlawful division of mortgage processing or origination fees requires that the fees be divided.  The Court found the “plain language” of the Real Estate Procedures Act of 1974 (“RESPA”) to be controlling in Freeman v…. Continue Reading

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