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
Tag Archives: Consumer Finance Protection Bureau
D.C. Circuit finds “Recess Appointments” Invalid: NLRB Lacked Quorum
Posted in Constitutional Issues in RegulationsThe 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 ProcessThis 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 ProcessWashington (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 ProcessThe 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 – 9/3/12
Posted in Executive - OMB Review, Regulatory ProcessA rush to complete regulations may or may not be on, but the publication queue this week results in a long post and raises questions about whether a push is really under the radar. The Department of Health and Human Services (HHS) continues to dominate the field with Medicare, Medicaid, HITECH, and unique plan identifier… Continue Reading
Monday Morning Regulatory Review – 8/6/12
Posted in Judicial Review & Remedies, Regulatory Flexibility & Small Business, UncategorizedLast 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