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Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

Tag Archives: Environmental Protection Agency

Monday Morning Regulatory Review – 7/14/14: Hobby Lobby Legislation; Guidance Finality; & Minimum Wage Extension

Posted in Judicial Review & Remedies, Legislation, Regulatory Process

Each branch of government contributed a highlight to an otherwise somnambulant summertime week.  Congressional members responded to the United States Supreme Court (SCOTUS) Hobby Lobby decision with new legislation that raises new questions.  The United States Court of Appeals for the District of Columbia Circuit held Friday that the Environmental Protection Agency (EPA) guidance to… Continue Reading

Monday Morning Regulatory Review – 6/23/14: Air Passenger Fees; Electric Generating Carbon Emissions; SCOTUS Zenith

Posted in Agency Authority, Judicial Review & Remedies, Regulatory Process

A short review of significant odds and ends from last week will be overshadowed by major decisions this week.  Among the significant odds and ends, the Department of Homeland Security (DHS) Transportation Security Administration (TSA) promulgated an increase in air passenger security fees under statutory authority to do so without advance notice and comment, but… Continue Reading

Monday Morning Regulatory Review – 6/16/14: Legislative v. Interpretive or Procedural Rules; Contractor Minimum Wage; Inflated Size Matters; Changing Interpretation; Regulatory Agendas; & EPA Delays RFS

Posted in Judicial Process, Judicial Review & Remedies, Regulatory Process

Last week focuses (mostly) on wages and small business.  The United States Court of Appeals for the District of Columbia Circuit handed another setback to the Department of Labor (DOL)’s detachment of binding requirements from regulations.  DOL, for its part, proposed regulations to increase the minimum wage paid by government contractors, a costly proposed rule… Continue Reading

Monday Morning Regulatory Review – 6/9/14: Changing Interpretive Rules; Benefit / Cost Analysis Summary; Acronyms & Initializations Caution; and Maintenance Week

Posted in Executive - OMB Review, Judicial Process, Judicial Review & Remedies, Regulatory Process

Today’s review defies categorization, but four significant unrelated events are worth noting.  The United States Supreme Court (SCOTUS) today may grant review in a critical regulatory case raising the necessity of following notice and comment rulemaking for an agency to alter an existing interpretive rule, setting the stage for argument and decision next Term in… Continue Reading

Monday Morning Regulatory Review – 6/2/14: Health & Food Regulations; Expected Electricity Carbon Rule; Waters of the United States; & Acid Rain Litigation

Posted in Judicial Process, Regulatory Flexibility & Small Business, Regulatory Process

The short holiday workweek produced few hard regulatory events although soft indications continue of the federal government’s intent to regulate the minutiae of daily life.  The Department of Health and Human Services (HHS) published its final rule on long-term Obamacare exchange and insurance market standards and extended the comment period on several food labeling proposals. … Continue Reading

D.C. Circuit Vacates EPA Directive – Consistency and Non-Acquiescence: Conflict in Need of Further Rulemaking

Posted in Agency Authority, Judicial Process, Judicial Review & Remedies

The United States Court of Appeals for the District of Columbia Circuit today vacated an Environmental Protection Agency (EPA) Clean Air Act (CAA) directive that implemented a decision of the United States Court of Appeals for the Sixth Circuit only in that circuit.  National Environmental Development Association’s Clean Air Project v. EPA illustrates several classic… Continue Reading

Monday Morning Regulatory Review: 5/12/14: Coal Dust Review; Conflict Minerals Stay II; Renewable Fuels Standard; & Particulate Matter

Posted in Judicial Process, Judicial Review & Remedies, Regulatory Process

Much follow-up on last week’s Monday Morning Regulatory Review, including multiple petitions for judicial review of the Federal Mine Safety and Health Administration (FMSHA)’s coal dust rule and stay litigation in the Securities and Exchange Commission (SEC)’s conflict minerals rule.  In two new judicial decisions, the Environmental Protection Agency (EPA) renewable fuel standards and particulate… Continue Reading

Monday Morning Regulatory Review – 5/5/14: SCOTUS on EPA Cross State / Transport Rule; SEC Conflict Minerals Stay; DOT Trucker Coercion; & TSA Air Passenger Fees

Posted in Agency Authority, Judicial Process, Judicial Review & Remedies, Regulatory Process

Travail between the agencies and the courts present three of last week’s major events in federal regulations while an agency’s view of its authority to change fees by a final rule presents a fourth significant issue.  The United States Supreme Court (SCOTUS) reversed and remanded a lower court vacatur of the Environmental Protection Agency (EPA)… Continue Reading

Monday Morning Regulatory Review – 4/28/14: Net Neutrality II; Coal Dust; Tier 3 Vehicle Emissions Standards; Beer & Grain Retreat; & Drones Won’t Fly

Posted in Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory Process

A crowded week of regulatory events means that some highlights must be left behind.  Highlights of the week in review (and the litigation to come) include the Federal Communications Commission (FCC) reboot of its vacated net neutrality rules, the Department of Labor (DOL) Federal Mine Safety and Health Administration (FMSHA) release of its new coal… Continue Reading

D.C. Circuit Vacates EPA Affirmative Defense Regulation – Some Limits on Regulatory Authority

Posted in Agency Authority, Judicial Review & Remedies

The United States Court of Appeals for the District of Columbia Circuit decided last Friday in Natural Resources Defense Council v. Environmental Protection Agency (EPA) that (1) the emissions-related provisions of the 2013 Portland Cement Rule were permissible but that (2) EPA exceeded its statutory authority in a 2010 version by promulgating an affirmative defense… Continue Reading

Monday Morning Regulatory Review – 4/7/14: COOL First Amendment; Rearview Cameras; Electric Utility Safety Standards; & OMB Reviews

Posted in Constitutional Issues in Regulations, Executive - OMB Review, Judicial Review & Remedies

The United States Court of Appeals for the District of Columbia Circuit took a significant step toward giving agencies more definitive guidance on the whether and how information disclosure can be used as a regulatory mechanism by ordering, on its own initiative, en banc review of a panel decision issued only a week ago.  On… Continue Reading

Monday Morning Regulatory Review – 3/31/14: Obamacare Extension; Waters of the United States; IRS Meets Bitcoin; & COOL Regulations Preliminary Injunction Denial Affirmed

Posted in Agency Authority, Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory Process

Anthology of the highlights of the last week in regulatory practice is somewhat focuses on some large issues that drew immediate attention, even if the substantive resolutions are many years away.  Foremost (of course) is the latest adjustment in Obamacare in Bulletins from the Department of Health and Human Services (HHS) Centers for Medicare and… Continue Reading

Monday Morning Regulatory Review – 3/10/14: Obamacare Delays & Exceptions; Regulatory Budget; & EPA Tier 3 Vehicle Emissions

Posted in Regulatory Process

Last week heard significant noise in the regulatory world with very little actual substantive movement.  The key events were a further delay in the Obamacare revision of insurance plans, while, at the same time, finality on some large employer insurance requirements.  Obamacare reporting reflected a larger sweep of regulatory budgeting – more funds swept (or… Continue Reading

Monday Morning Regulatory Review – 3/3/14: FDA Food Labeling; DOJ Guidelines on Journalist Subpoenas; & EPA Greenhouse Gas Data

Posted in Agency Authority, Regulatory Process

Odds and ends from the Federal Register last week  The Department of Health and Human Services (HHS) Food and Drug Administration (FDA) proposed wholesale changes in food labeling, a White House priority.  The Department of Justice (DOJ) published a non-regulatory controversial final policy on how it will relate to news media in requesting information and… Continue Reading

Monday Morning Regulatory Review – 1/27/14: SCOTUS Enjoins Obamacare Preventive Contraception Rule; NLRB Rescinds Vacated Rule; OMB Economically Significant Reviews; and Social Cost of Carbon & Crystalline Silica Extensions

Posted in Judicial Review & Remedies, Regulatory Process

The United States Supreme Court (SCOTUS) last Friday enjoined enforcement of the Department of Health and Human Services (HHS) regulations on preventive contraception minimum regulations under Obamacare against several non-profit organizations in a procedural order that may be a guidepost for future litigation.  Regulatory activity of interest included the National Labor Relations Board (NLRB) best… Continue Reading

Monday Morning Regulatory Review – 1/20/14: Lobbyist Bar Remanded; Indian Country Clean Air Rule Vacated; Prison Telephone Rule Stayed; Obamacare Subsidies Rule and Non-Resident Alien Interest Reporting Rules Upheld; & Volcker Rule Retreat

Posted in Agency Authority, Judicial Process, Judicial Review & Remedies, Regulatory Flexibility & Small Business

The United States courts in the District of Columbia were the focus of the regulatory world last week, and the United States Court of Appeals for the District of Columbia Circuit vacatur of the “net neutrality” rule was only the news leader.  The D.C. Circuit also remanded a case to the district court to assess… Continue Reading

Monday Morning Regulatory Review – 1/13/14: Electric Generating Emissions; Demise of the NLRB Posting Rule; Obamacare Regulation by Blog Post; Aircraft Repair Stations Coordination; Unified Agendas & Regulatory Plans

Posted in Agency Authority, Judicial Review & Remedies, Regulatory Process

The beginning of a new year raises several process questions for regulatory practitioners.  The Environmental Protection Agency (EPA) published a new proposed rule to limit emissions from new electric power generators – a rule EPA released several months ago, but only published last week.  The National Labor Relations Board (NLRB) threw in the towel on… Continue Reading

Monday Morning Regulatory Review – 1/6/14: Obamacare @ SCOTUS; Mortgage Disclosure Relief; Wood Burning Stoves; and Firearms & Mental Health

Posted in Judicial Process, Judicial Review & Remedies, Regulatory Flexibility & Small Business

The end of 2013 was hardly quiet, with five notable events worth highlighting.  While this blog has foresworn further coverage of the crenelated litigation in the United States District Courts over the Obamacare contraceptive coverage requirements, one case has moved to an unusual posture before the United States Supreme Court (SCOTUS) though it may not… Continue Reading

Monday Morning Regulatory Review – 12/23/13: Obamacare Guidance, not Rules, & More Exceptions; Carbon Capture & Sequestration; OMB Reviews; Contracts, Dogs & Cats

Posted in Agency Authority, Constitutional Issues in Regulations, Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory Process

As the end of year holidays and the health insurance deadline nears, the patchwork of Obamacare fixes and court decisions creating exceptions grows geometrically, making Obamacare less and less universal: at least two core policy changes and three new court decisions highlight the week.  The Environmental Protection Agency (EPA) released a final rule that may… Continue Reading

Monday Morning Regulatory Review – 12/16/13: Obamacare Deadlines; Labor Elections Rule; Swaps Litigation; Vacating Empty Rules; & the Volcker Rule

Posted in Agency Authority, Judicial Process, Judicial Review & Remedies, Regulatory Process

Regulatory highlights from the past week include the Administration pushing back the deadline for applying for Obamacare and then begging insurance companies for even more time and leniency.  Two independent agencies – the Commodities Futures Trading Commission (CFTC) and the National Labor Relations Board (NLRB) threw in the towel on litigation and proposed new rules… Continue Reading

Monday Morning Regulatory Review – 11/25/13

Posted in Executive - OMB Review, Regulatory Process

Economically significant rules dominated the past week, with extensions of the comment periods on four Food and Drug Administration (FDA) Food Safety Modernization Act proposed rules, Environmental Protection Agency (EPA)’s release of 2014 standards for renewable fuels proposed rule, and Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) completing review… Continue Reading

Monday Morning Regulatory Review – 11/11/13 – Part I: Regulations

Posted in Regulatory Flexibility & Small Business, Regulatory Process

Agencies charged new rules and proposed new charges to the American economy last week with renewed vigor, including the Securities and Exchange Commission (SEC)’s overdue crowdfunding proposal, Departments of Health and Human Services (HHS)’s (and others) mental health parity rule, Department of Labor (DOL), Occupational Safety and Health Administration (OSHA)’s electronic reporting proposal, Environmental Protection… Continue Reading

Monday Morning Regulatory Review – 11/4/13

Posted in Agency Authority, Executive - OMB Review, Judicial Review & Remedies, Regulatory Process

Obamacare (the Patient Protection and Affordable Care Act or PPACA) remained in the spotlight last week with visible website problems and individual non-conforming insurance policy cancellations, but here the issues are more distinct:  the growing intercircuit conflict over the contraceptives mandate under the Religious Freedom Restoration Act (RFRA), and adoption of a new “hardship” exemption… Continue Reading

Monday Morning Regulatory Review – 10/28/13

Posted in Agency Authority, Executive - OMB Review, Judicial Review & Remedies, Regulatory Process

The Engine of Government fully engaged last week, paperwork to follow.  The Administration “announced” an interpretation of the Patient Protection and Affordable Care Act (PPACA, aka ObamaCare) that permits more time for individuals to acquire health care and avoid tax penalties, while the United States District Court for the District of Columbia denied a preliminary… Continue Reading