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

Tag Archives: CFTC

Monday Morning Regulatory Review – 9/22/14: CFTC Extraterritorial Application; Food Safety Rules; & OMB Reviews

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

Summer is clearly over and the regulatory machinery is back up to full speed.  The United States District Court for the District of Columbia remanded without vacatur more than half a dozen Commodities Futures Trading Commission (CFTC) rules for failure to adequately explain the costs and benefits of extraterritorial application of those rules.  Within the… Continue Reading

Monday Morning Regulatory Review – 2/3/14: Volcker & Trust Preferred Securities; SOTU Contractor Minimum Wage; Battery Charger Efficiency; Safe Food Transport; and CDL Drug & Alcohol Clearinghouse

Posted in Agency Authority, Regulatory Process

This week in federal regulatory practice was highlighted by agency action rather than litigation, particularly the long-anticipated and delayed publication of the Volcker Rule and its first amendment, formally starting the clock for implementation and litigation.  The most significant action in the Administration’s long-term goals was President (POTUS)’s announcement that he would require federal contractors… Continue Reading

Monday Morning Regulatory Review – 1/20/14: Lobbyist Bar Remanded; Indian Country Clean Air Rule Vacated; Prison Telephone Rule Stayed; Obamacare Subsidies Rule and Non-Resident Alien Interest Reporting Rules Upheld; & Volcker Rule Retreat

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

The United States courts in the District of Columbia were the focus of the regulatory world last week, and the United States Court of Appeals for the District of Columbia Circuit vacatur of the “net neutrality” rule was only the news leader.  The D.C. Circuit also remanded a case to the district court to assess… Continue Reading

Monday Morning Regulatory Review – 12/16/13: Obamacare Deadlines; Labor Elections Rule; Swaps Litigation; Vacating Empty Rules; & the Volcker Rule

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

Regulatory highlights from the past week include the Administration pushing back the deadline for applying for Obamacare and then begging insurance companies for even more time and leniency.  Two independent agencies – the Commodities Futures Trading Commission (CFTC) and the National Labor Relations Board (NLRB) threw in the towel on litigation and proposed new rules… Continue Reading

Monday Morning Regulatory Review – 12/9/13: Deferring Obamacare; International Swaps Derivatives; Economically Significant Right Whales & Social Cost of Carbon Comments

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

Significant events of the past week include a hearing before the House Judiciary Committee on the implementation of Obamacare – and the legality of deferring enforcement; a new suit challenging the Commodities Futures Trading Commission (CFTC) ongoing attempts to regulate the complex international derivative swaps markets; concluding the latest chapter in protecting the Right Whale… 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 – 11/4/13

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

Obamacare (the Patient Protection and Affordable Care Act or PPACA) remained in the spotlight last week with visible website problems and individual non-conforming insurance policy cancellations, but here the issues are more distinct:  the growing intercircuit conflict over the contraceptives mandate under the Religious Freedom Restoration Act (RFRA), and adoption of a new “hardship” exemption… Continue Reading

Monday Morning Regulatory Review – 6/10/13

Posted in Agency Authority, Judicial Process, Regulatory Process

Unrelated events of the past week in regulatory practice include the publication of Environmental Protection Agency (EPA)’s proposed new limitations on power plant water effluents – the result of cleaner air requirements – and wider dissemination of new “social cost of carbon” standards for regulatory impact analyses.  The Department of Health and Human Services (HHS)… Continue Reading

Monday Morning Regulatory Review – 4/15/13

Posted in Judicial Process, Regulatory Process

A confluence of external factors may have suppressed regulatory activity over the past week – the budget, sequestration, gun control, immigration, tax filing deadline, or what have you.  In any event, this morning’s review takes the opportunity to catch up on a few events and questions that might not otherwise garner attention: Environmental Protection Agency… 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

CFTC Pool Operator Rule Upheld – Broader Lessons Need Consideration

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

The United States District Court for the District of Columbia granted the agency summary judgment in Investment Company Institute v. Commodity Futures Trading Commission  (CFTC), leaving intact the Commodity Pool Operators and Commodity Trading Advisors: Compliance Obligations final rule (as corrected) (the “pool” rule).  Plaintiffs claimed that the CFTC had violated the Administrative Procedure Act… Continue Reading

Monday Morning Regulatory Review – 11/19/12

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

Activity at the Office of Management and Budget (OMB) has begun to pick up after the election – the Patient Protection and Affordable Care Act (ACA) regulations lead the way.  On the other hand, another court ordered an exemption from the mandatory contraceptive coverage regulation ahead of Department of Health and Human Services (HHS) submitting… Continue Reading

Monday Morning Regulatory Review – 10/15/12

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

Last week a number of small events, mostly in the courts.  The Environmental Protection Agency (EPA)’s long awaited CAFÉ regulation finally published in the Federal Register; a suit was filed to invalidate the Securities and Exchange Commission (SEC)’s extractive industries reporting rule, the Department of Justice (DOJ) sought further review of decisions in Food and… Continue Reading

CFTC Position Limit Rule Struck Down for Violating Dodd-Frank Act

Posted in Judicial Review & Remedies

The United States District Court for the District of Columbia last week struck down the Commodities Futures Trading Commission (CFTC)’s Position Limits for Futures and Swaps final rule and interim final rule in International Swaps and Derivatives Association v. CFTC.  The court found that the CFTC failed to determine that such position limits were “necessary… 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 – 7/16/12

Posted in Regulatory Flexibility & Small Business, Regulatory Process

Securities Audit Trail:  The Securities and Exchange Commission (SEC) approved a final rule under the Securities Exchange Act of 1934 to require national securities exchanges and associations to submit a national market system plan to create, implement, and maintain a consolidated audit trail for securities to capture customer and order event information across all markets,… Continue Reading

Monday Morning Regulatory Review – 5/14/12

Posted in Executive - OMB Review, Judicial Review & Remedies

Regulations: Petroleum Refineries:  The Office of Management and Budget (OMB) completed review of the Environmental Protection Agency (EPA)’s economically significant final rule to complete the Petroleum Refineries – New Source Performance Standards (NSPS)–Subparts J and Ja interim final rule.  EPA has previously promulgated new source standards for refineries, then granted reconsideration of, and stayed, specific… Continue Reading

Monday Morning Regulatory Review – 4/23/12

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

Last Week:  Inadequate economic analysis at the Securities and Exchange Commission (SEC) and delay in rulemaking by the Occupational Safety and Health Administration (OSHA) were the focus of Congressional hearings.  Meanwhile, the Environmental Protection Agency (EPA) issued new rules and proposals with both economic analysis and delay issues. This Week:  United States District Court decisions… Continue Reading

Monday Morning Regulatory Review – 4/9/12

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

Last week was exceptionally quiet, quieter than expected.  OMB’s docket remained almost static, with a few additional rules being held for extended review.  Two interesting cases were decided in D.C. – the U.S. Court of Appeals strictly enforced a deadline on OSHA, and the District Court denied an injunction against an Interior rule (something not… Continue Reading