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
Tag Archives: CFTC
Monday Morning Regulatory Review – 4/15/13
Posted in Judicial Process, Regulatory ProcessA 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 & RemediesThe 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 ProcessThe 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 ProcessActivity 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 ProcessLast 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 & RemediesThe 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 ProcessA 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 ProcessIt 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 ProcessSecurities 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 & RemediesRegulations: 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 ProcessLast 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 ProcessLast 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