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.
Issues on the periphery of regulatory practice highlighted the last week. The President of the United States (POTUS) unleashed financial regulation resources against cyber-threats by applying regulations and enforcement processes that have historically been used to combat foreign regimes, terrorists, international narcotics traffickers, and the proliferation of weapons of mass destruction. On the other hand,… Continue Reading
The Government is closed – somewhat – and the regulatory process surely is winding down but will not entirely stop. The funding lapse with closing the books on FY2013 and no appropriations in place for FY2014 set in motion an “orderly shutdown” yesterday. What that means from a regulatory process perspective is as varied as… Continue Reading
The week before Labor Day – the final week of summer vacation – the Government might be expected to slow down, but the contrary was true. The Consumer Financial Protection Bureau (CFPB) published an obscure “ratification” of its Director’s previous acts, further raising questions of the efficacy of those acts. The Internal Revenue Service, on… Continue Reading
Summer recess is the time for judicial details and major regulatory actions. This week, two more very different opinions arise in the National Labor Relations Board (NLRB) recess appointments scrum, more delay in the Food and Drug Administration (FDA) food safety regulations is denied, and a small element of the Environmental Protection Agency (EPA)’s sewage… Continue Reading