The Environmental Protection Agency (EPA) did not heed calls for extension of the public comment period on a massive rulemaking – granting a stingy extension that will cause more requests. The Consumer Financial Protection Bureau (CFPB), on the other hand, delayed the effective date on a major mortgage rule for seven months to try to… Continue Reading
Tag Archives: DOT
Monday Morning Regulatory Review – 4/1/13
Posted in Regulatory ProcessA busy last week leaves more to cover – particularly from the perspective of the Office of Management and Budget (OMB). While the OMB docket held relatively steady, OMB completed its long-term review of radiological incident guidance that probably involved substantial inter-agency discussion. Agencies submitted some interesting new proposed and final rules that are also… Continue Reading
Monday Morning Regulatory Review – 12/17/12
Posted in Executive - OMB Review“Review Lite.” The Office of Management and Budget (OMB) completed review on nine proposed or final rules last week, the most significant of which were the Environmental Protection Agency (EPA) particulate matter revision under court order and a reconsideration of the chemical manufacturing area sources by proposed rule. The Department of Transportation (DOT) National Highway… 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 – 8/20/12
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 – 7/30/12
Posted in Judicial Process, Judicial Review & RemediesAdministrative Procedure Act (APA) litigation details dominate this week’s review. The United States Court of Appeals for the District of Columbia Circuit upheld an airline-advertising rule, remanded part of a health care exclusion decision, and declined to stay a political advertisement disclosure rule. New to the docket is a petition challenging a biofuels rule because… Continue Reading
Monday Morning Regulatory Review – 7/23/12
Posted in Executive - OMB Review, Judicial Process, Judicial Review & RemediesThe Environmental Protection Agency (EPA) published its “portland cement” reconsideration and the Small Business Administration (SBA) published three more proposed size standard adjustments. The Department of Transportation (DOT) submitted a mammoth final 2017 model year passenger car and light truck mileage standard to the Office of Management and Budget (OMB). At the end of judicial… Continue Reading
Regulations and Something Else: DOT’s “Free” Frequent Flyer Guidance
Posted in Regulatory ProcessA recurring question confuses lawyers, businesses, and agencies: When can an agency issue a “guideline” and when must it issue a “rule.” Several instances of the issue have arisen recently that reiterate why this issue deserves attention. Patrick Rizzi pointed out, for example, that the Department of Transportation (DOT) issued new guidance on the use… Continue Reading
Monday Morning Regulatory Review – 5/7/12
Posted in Executive - OMB Review, Regulatory ProcessRegulations: In candor, but with no surprise, the National Labor Relations Board (NLRB) published a notice delaying the effective date of its Posting Rule, which required “posting” of the NLRB-generated notice of employee rights and specifying that failure to do so was an unfair labor practice, “until further notice.” The United States Court of Appeals… 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
Judicial Skepticism of Administrative Rulemaking Quality – A Growing Trend?
Posted in Judicial Process, Judicial Review & Remedies, Regulatory ProcessFederal courts of appeals appear increasingly skeptical of regulation in 2011, and may be more skeptical in 2012. Major HHS, EPA, DOE, DOT, DHS, FCC, SEC, and other rules and rule-based actions were struck down in the U.S. Courts of Appeals because the Administration or the “independent agencies” failed to comply with the Administrative Procedure… Continue Reading