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

Tag Archives: CFPB

Monday Morning Regulatory Review – 1/6/14: Obamacare @ SCOTUS; Mortgage Disclosure Relief; Wood Burning Stoves; and Firearms & Mental Health

Posted in Judicial Process, Judicial Review & Remedies, Regulatory Flexibility & Small Business

The end of 2013 was hardly quiet, with five notable events worth highlighting.  While this blog has foresworn further coverage of the crenelated litigation in the United States District Courts over the Obamacare contraceptive coverage requirements, one case has moved to an unusual posture before the United States Supreme Court (SCOTUS) though it may not… Continue Reading

Monday Morning Regulatory Review – 11/18/13

Posted in Agency Authority, Regulatory Process

After a deluge in last week’s multi-part Monday Morning Regulatory Review, this week is composed of odds and ends mostly bound together by the issue of funds transfers.  The Congressional Budget Office (CBO) released a menu of cost cutting and revenue enhancing measures that included the ever-devilish idea of increasing (and collecting) more fees from… Continue Reading

Monday Morning Regulatory Review – 10/21/13

Posted in Agency Authority, Judicial Review & Remedies, Regulatory Process

United States Government agencies lurched back into business and began to resolve the problems created by their absence, to the extent they can – and litigation has already commenced over the legality of a number of agency actions during the shutdown.  Post-reopening, some agencies, such as the Federal Communications Commission (FCC) have attempted to make… Continue Reading

Monday Morning Regulatory Review – 9/2/13

Posted in Agency Authority, Judicial Review & Remedies, Regulatory Process

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

Monday Morning Regulatory Review – 6/3/13

Posted in Regulatory Process

The Environmental Protection Agency (EPA) did not heed calls for extension of the public comment period on a massive rulemaking – granting a stingy extension that will cause more requests.  The Consumer Financial Protection Bureau (CFPB), on the other hand, delayed the effective date on a major mortgage rule for seven months to try to… Continue Reading

Monday Morning Regulatory Review – 5/6/13

Posted in Judicial Review & Remedies, Regulatory Process

All dollars great and small about regulations this week:  the Consumer Financial Protection Bureau (CFPB) theoretically made credit more available, but reality may not be so easy.  Stock Exchange data cost rules, are no longer the subject of Securities and Exchange Commission (SEC) approval under Dodd-Frank, and are also no long subject to a petition… Continue Reading

Monday Morning Regulatory Review – 4/29/13

Posted in Agency Authority, Constitutional Issues in Regulations, Judicial Review & Remedies, Regulatory Process

Busy and long today:  The Department of Health and Human Services (HHS) submitted to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), a hospital disproportionate share payment reduction proposed rule.  OIRA may have a new Administrator who may or may not have the opportunity to review the rule –… Continue Reading

Monday Morning Regulatory Review – 3/18/13

Posted in Constitutional Issues in Regulations, Executive - OMB Review, Judicial Review & Remedies

The regulatory process thawed last week in the Executive and Judicial Branches.  Among the highlights, the simmering Recess Appointments Clause issue facing the National Labor Relations Board (NLRB) will head to the United States Supreme Court (SCOTUS) while many enforcement cases are being held in abeyance and uncertainty surrounds many rules.  The United States Court… Continue Reading

Monday Morning Regulatory Review – 2/25/13

Posted in Constitutional Issues in Regulations, Judicial Review & Remedies

Litigation over President Obama’s recess appointments took several additional steps last week and few significant rules were published.  One rule worth noting is a Department of Health and Human Services (HHS) follow-up final rule establishing standards for essential health benefits under the Patient Protection and Affordable Care Act.  Two Department of Labor cases also deserve… Continue Reading

Monday Morning Regulatory Review – 2/18/13

Posted in Constitutional Issues in Regulations, Executive - OMB Review, Regulatory Process

The Consumer Finance Protection Bureau (CFPB), along with some cohorts, published a flurry of four final rules last week that will give banking and mortgage attorneys plenty to read and absorb – and consider anew whether the CFPB can legitimately issue these rules.  Adding a little fuel to the Noel Canning fire, a House of… Continue Reading

Monday Morning Regulatory Review – 2/4/13

Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory Process

Regulatory and judicial processes intersected last week to a greater extent than usual, with several departments addressing (or not) court decisions and ongoing litigation.  Highlights: Department of Health and Human Services (HHS) proposing its promised rule on contraceptives and religious organizations that has been the subject of numerous cases, including direct challenges and injunctions; Environmental… Continue Reading

D.C. Circuit finds “Recess Appointments” Invalid: NLRB Lacked Quorum

Posted in Constitutional Issues in Regulations

The United States Court of Appeals for the District of Columbia Circuit ruled today that the National Labor Relations Board (NLRB) lacked a quorum to act in Noel Canning v. NLRB because three Presidential “recess” appointments were invalid.  The court found that the United States Senate was not in “the” recess contemplated by the United… Continue Reading

Monday Morning Regulatory Review – 1/21/13

Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory Process

This past week saw the January thaw from the holidays in regulatory movement.  The Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) completed review on a number of substantial (if not economically significant) regulations, from arms exports to domestic gun control, and health care privacy.  The Consumer Finance Protection Bureau… Continue Reading

Monday Morning Regulatory Review – 10/29/12

Posted in Regulatory Process

Washington (with the Federal Government closed) braces for approaching storm Sandy – not regulatory, at least this week, but the regulatory tsunami appears more destined to occur than ever.  The Spring 2012 Unified Agenda now appears to have been an exercise in futility and wasted resources, as the Office of Information and Regulatory Affairs (OIRA)… Continue Reading

Monday Morning Regulatory Review – 10/22/12

Posted in Constitutional Issues in Regulations, Judicial Review & Remedies, Regulatory Process

The cupboard is getting bare as we approach the election.  The Office of Management and Budget (OMB) completed review on no (“0”) proposed or final rules last week, but at least the Department of the Treasury (DOTr) updated its Iranian assets blocking regulations and Department of Health and Human Services (HHS) submitted its calendar year… Continue Reading

Monday Morning Regulatory Review – 9/17/12

Posted in Regulatory Flexibility & Small Business, Regulatory Process

A bevy of new rules and proposed rules were issued last week.  Most notable contributions come from the Bureau of Consumer Financial Protection (CFPB), Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), Environmental Protection Agency (EPA), and Small Business Administration (SBA).  On the management side, the Office of Management and Budget (OMB) has… Continue Reading

Monday Morning Regulatory Review – 8/20/12

Posted in Executive - OMB Review, Regulatory Flexibility & Small Business, Regulatory Process

It may be vacation season, but this week agencies are steadily proposing and finalizing regulations – mortgages, settlements, electronic transfers, swaps, HAZMAT, Deepwater Horizon, and small business classification: The Bureau of Consumer Finance Protection (CFPB) proposed two mortgage rules and finalized its EFT rule, while the Commodities Futures Trading Commission (CFTC) and the Securities and… Continue Reading

Monday Morning Regulatory Review – 8/6/12

Posted in Judicial Review & Remedies, Regulatory Flexibility & Small Business, Uncategorized

Last week had a little of everything.  The Environmental Protection Agency (EPA) noticed a reconsideration of some issues pending judicial review and backed out regulations determined to violate the Administrative Procedure Act (APA).  The United States Court of Appeals for the Ninth Circuit found that Congress left a discrete authority in the Department of Justice… 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