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.
Congress returned this week and began consideration of old legislative ideas for regulatory reform with a new perspective – and one that now merits attention. Perhaps the last major labor regulation is published today, but one that may not be as contentious as previous rules have proven to be. And among transition jumping proposals, vehicle… Continue Reading
Understanding the regulatory significance of the 2016 Presidential election focuses on both the authority of the current President of the United States (POTUS) and the President-elect of the United States. The current POTUS, quite naturally, will seek to institutionalize his legacy while the incoming POTUS will seek to undo his predecessor’s regulatory actions that are… 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
This week the United States Supreme Court (SCOTUS) will take up the latest edition of a significant statutory and regulatory conflict and SCOTUS may soon return to another substantial Administrative Procedure Act (APA) remand without vacatur case. Far up the street, the Office of Management and Budget (OMB) began review of one of the more… Continue Reading
Highlights from last week in regulatory practice include commencement of litigation over the Administration’s Clean Power Plan in an unusual form while the usual form continued in judicial review of the Administration’s Waters of the United States (WOTUS) final rule. Application of “good cause” exceptions to Administrative Procedure Act (APA) requirements led one district court… Continue Reading
Summer recess is the time for judicial details and major regulatory actions. This week, two more very different opinions arise in the National Labor Relations Board (NLRB) recess appointments scrum, more delay in the Food and Drug Administration (FDA) food safety regulations is denied, and a small element of the Environmental Protection Agency (EPA)’s sewage… Continue Reading