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
The United States Supreme Court (SCOTUS) added to its argument calendar Friday, including several that could implicate future regulatory practice – including jurisdiction to review regulations and the potential scope of arbitration-limiting regulations. In lesser lights, a Court of Appeals determined that an agency’s interpretation was correct without the agency, while a district court imposed… Continue Reading
Four highlights in regulatory practice from the past week present diverse but overlapping issues. The United States Supreme Court (SCOTUS) granted review in a case that may or may not have significant regulatory implications, but certainly contains drama. Another Administration priority of enforcing its preferences through procurement contracts was enjoined, setting the stage for a… Continue Reading
In two very different cases, one district court found that an agency has a nondiscretionary duty to conduct detailed analysis under a statute in taking many different actions, while another district court found that an agency erred in dismissing an appeal because it misinterpreted its own regulations as mandatory when they were clearly discretionary. An… Continue Reading
A major loss for the Administration’s policy occurred last week in the failure of a most significant enforcement of post-mortgage-crisis legislation, but not in the organic constitutional way that garnered much attention, but rather in the field of specific rights and administrative law. A new challenge was filed to another Administration signature regulation – in… Continue Reading
New grist for the regulatory litigation mill emerged in an additional but very different challenge to one aspect of a suite of highly litigated rules; a follow-on challenge to an agency’s lack of response to vacatur of prior statutorily required regulations; and a challenge to an agency policy guiding how it will respond to adverse… Continue Reading
A court decision upholding the controversial net neutrality rule dominated regulatory practice last week but only for a dearth of other news. Two proposed rules deserve attention: another proposal to limit arbitration and class action waiver clauses and a proposal to remove affirmative defenses in certain environmental litigation.
Four highlights from last week’s regulatory practice include unsurprisingly swings in money issues and engagement in one of the most emotional topics for any regulatory. The Consumer Financial Protection Bureau (CFPB) took steps to rein in arbitration clauses in consumer financial services contracts. The Department of Homeland Security (DHS) proposed substantial increases in citizenship and… Continue Reading