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

Tag Archives: ESA

Monday Morning Regulatory Review – 5/1/17: Clean Power Plan & Mercury Holds; Litigation Choice & Appropriation Limitation; and Complicated Executive and Interagency Reviews

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

Litigation over two more major rules was put on hold last week, leaving little actual litigation over past Administration rules proceeding – with small exceptions that may be short lived.  At the same time, one court of appeals recognized the reality of appropriations effectively limiting agency discretion – particularly when court orders have consumed limited… Continue Reading

Monday Morning Regulatory Review – 2/20/17: Delay Challenge; Withdrawal Challenge; First Disapprovals Complete with More to Come & Stability Struggles in a New Regulatory Docket

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

Two cases that challenge the effect of a new Administration’s moratorium on rules pending review by new appointees deserve some attention this week – one challenges a delay of effective date while the other challenges a withdrawal from public inspection prior to publication.  The march of regulatory  disapprovals continued to build with the first two… Continue Reading

Monday Morning Regulatory Review – 3/21/16: SCOTUS Weighing Regulatory Accommodation; Another MATS Challenge; Overtime Laboring; Speculative Endangerment; & Removing Obsolescence

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

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

Monday Morning Regulatory Review – 8/12/13

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

The Office of Management and Budget (OMB) completed review (ubiquitously consistent with change) on several sensitive significant rules last week, including the Environmental Protection Agency (EPA)’s proposed greenhouse gas reporting amendments and final renewable fuels volumes for 2013, as well as a proposal to fix an Patient Protection and Affordable Care Act problem for Members… Continue Reading

Monday Morning Regulatory Review – 9/10/12

Posted in Judicial Review & Remedies, Regulatory Process

The short post-Labor Day week is often quiet, but that understates how quiet last week was indeed.  Judicial decisions were relatively sparse, but two cases pose interesting problems of agency press releases, and one case raised mootness in the political tumult.  The Office of Management and Budget (OMB) completed review of no significant rules, and… Continue Reading