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

Tag Archives: exceeded statutory authority

Monday Morning Regulatory Review – 1/23/17: Transition Continuity of Operations; Stream Protection Suit 2 & RFS Mandatory Duty Suit

Posted in Judicial Process, Regulatory Process

The first Monday and official workday of a new Administration presents a challenge – agencies have been instructed to hold all regulations for the moment pending further review; implementation will take some time.  On the other hand, a suit to enjoin the prior Administration’s stream protection rule and to compel an agency to consult with… Continue Reading

D.C. Circuit Vacates EPA “Cross-State” Air Pollution Rule: Exceeds Statutory Authority

Posted in Agency Authority, Judicial Review & Remedies

In a major setback to the Obama Administration, the United States Court of Appeals for the District of Columbia Circuit today vacated the Environmental Protection Agency (EPA)’s “Cross-State” or “Transport” Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals final rule because EPA yet again exceeded its statutory… Continue Reading

Administration’s Higher Education Act Rules Get Failing Grade from D.C. Circuit

Posted in Judicial Review & Remedies

The United States Court of Appeals for the District of Columbia Circuit in a lengthy opinion today vacated or remanded significant parts of the Department of Education (DOE)’s signature Higher Education Act (HEA) regulations in Association of Private Sector Colleges and Universities v. Duncan.  The court of appeals reasoned that DOE: failed to provide an… Continue Reading