All relatively quiet on the regulatory front – but that could be deceptive. One notable decision vacated a rule adopted in the waning days of the Bush Administration in 2008. Many pending cases are being held in abeyance pending review and reconsideration by the present Administration – the latest being a challenge to the national… Continue Reading
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.
Welcome back for the fifth anniversary post of the Federal Regulations Advisor (No. 393) and a new year of poking the Federal regulatory bear (and sometimes praising it). Among highlights from regulatory practice in the past few weeks are a recurring regulatory misinterpretation of a statute of limitations, a new intercircuit conflict over appointments of… Continue Reading
The shortened holiday week generated few regulatory events and no real highlights, creating an opportunity to survey the major regulatory litigation as this Administration enters its final six months. This post highlights major litigation over the Administration’s priorities – particularly those stayed or preliminarily enjoined, and those at risk. The extent of this litigation risk… Continue Reading
More surprises after Spokeo and Zubik leavened last week’s regulatory practice, including an order by the United States Court of Appeals for the District of Columbia Circuit to hold en banc oral argument on the many challenges to the Administration’s environmental signature Clean Power Plan. Major economically significant final rules to hit the street last… Continue Reading