Regulatory practice last week presented a number of different Congressional interventions – from the complexity of a Consolidated Appropriation for the remainder of the fiscal year, to disapproval of a regulation under the Congressional Review Act (CRA), to a direct legislative vitiation of a final rule. The Administration took two different steps toward reconsideration of… Continue Reading
Litigation over two more major rules was put on hold last week, leaving little actual litigation over past Administration rules proceeding – with small exceptions that may be short lived. At the same time, one court of appeals recognized the reality of appropriations effectively limiting agency discretion – particularly when court orders have consumed limited… Continue Reading
All relatively quiet on the regulatory front – but that could be deceptive. One notable decision vacated a rule adopted in the waning days of the Bush Administration in 2008. Many pending cases are being held in abeyance pending review and reconsideration by the present Administration – the latest being a challenge to the national… Continue Reading
Regulatory practice remains in a curious near-catatonic state two months after the inauguration of a new Administration. Legislation is amputating prior rules, almost no affirmative regulatory activity is noticeable, and judicial review has slowed markedly while awaiting the Administrative to state of its intentions. Doctrinal development has all but ceased for the time being.
Last week focused on appellate practice, notably cases related to but not necessarily before, the United States Supreme Court (SCOTUS). The United States Court of Appeals for the District of Columbia Circuit delayed further consideration of the issue of whether the Internal Revenue Service (IRS) could interpret the Obamacare (Patient Protection and Affordable Care Act… Continue Reading
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
The United States Court of Appeals for the District of Columbia today, in National Association of Manufacturers v. SEC, affirmed a district court judgment that the Securities and Exchange Commission (SEC) did not violate procedural requirements or misconstrue the statute in promulgating the Conflict Minerals Rule, but vacated the specific underlying statutory provision and the… Continue Reading