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

Tag Archives: Fifth Circuit

Monday Morning Regulatory Review – 9/15/14: SORNA Good Cause Conflict; H-2B Limbo; & FCC Net Neutrality / Fast Lane Comment Avalanche

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

Last week, the United States Court of Appeals for the Eighth Circuit joined the intercircuit conflict over the Administrative Procedure Act (APA) validity of the Attorney General’s regulations applying the Sex Offender Registration and Notification Act (SORNA) to offenses committed prior to SORNA’s effective date.  The United States District Court for the Eastern District of… Continue Reading

Monday Morning Regulatory Review – 7/22/13

Posted in Constitutional Issues in Regulations, Judicial Review & Remedies, Regulatory Process

Two recent cases of interest deserve at least a summary review – the vacation of an Environmental Protection Agency (EPA) rule that deferred regulation and permitting of some carbon dioxide emissions in scientific uncertainty and rejection of a Securities and Exchange Commission (SEC) rule on whistleblowers in private litigation.  In response to litigation and Congressional… Continue Reading

Monday Morning Regulatory Review – 5/27/13

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

This week, a little more movement toward the Supreme Court resolving the constitutionality of intrasession recess appointments – and the impact on a number of regulations approved by such recess appointees.  A new study outlines to some extent the (environmental) agency practice of being sued by environmental supportive groups and settling on regulatory timing and… Continue Reading

SCOTUS Permits Chevron Deference to Agency’s View of Jurisdiction: A New Void to Fill

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

The Supreme Court of the United States (SCOTUS) today decided (5+1–3), in City of Arlington v. FCC, that courts do owe agencies deference in interpreting the statutory scope of agency jurisdiction.  The court held that lower courts should apply Chevron deference to agency determinations of their own jurisdiction in ambiguous statutes by rejecting the jurisdictional… Continue Reading

Deepwater Horizon – Agency Actions, Injunctions, and (Not) Contempt

Posted in Judicial Review & Remedies

On April 20, 2010, the Deepwater Horizon exploded and sent a gusher of oil into the Gulf of Mexico.  Deepwater Horizon also sent a gusher of litigation into the federal courts:  the recent decision in Hornbeck Offshore Services, LLC v. Salazar illustrates the care needed in seeking and enforcing an injunction against an agency of… Continue Reading

SCOTUS to Decide on Deference to Agency Jurisdiction Interpretations

Posted in Judicial Review & Remedies

The United States Supreme Court agreed to review the United States Court of Appeals for the Fifth Circuit decision in City of Arlington, Texas v. FCC, limited to the question of whether courts should apply Chevron deference in reviewing an agency’s determination of its own jurisdiction.  This grant of certiorari sets the stage for resolution… Continue Reading

Conflicting Decisions on Delegated Rulemaking Authority: the Uncertain Fate of H-2B Regulations

Posted in Agency Authority, Constitutional Issues in Regulations, Judicial Review & Remedies

A new decision in Louisiana Forestry Assn. v. Solis upheld the Department of Labor (DOL) Wage Methodology for the Temporary Non-agricultural Employment H-2B Program, adding another piece to a confusing jigsaw puzzle over the efficacy of the H-2B regulations.  District Court decisions upholding regulations normally do not garner major attention by this blog because there… Continue Reading

Monday Morning Regulatory Review – 8/6/12

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

Last week had a little of everything.  The Environmental Protection Agency (EPA) noticed a reconsideration of some issues pending judicial review and backed out regulations determined to violate the Administrative Procedure Act (APA).  The United States Court of Appeals for the Ninth Circuit found that Congress left a discrete authority in the Department of Justice… Continue Reading

Plain Meaning & A Warning to Agencies: Supreme Court’s RESPA Decision

Posted in Judicial Review & Remedies, Legislation

The Supreme Court of the United States unanimously took Congress at its word last week.  The Court decided that an unlawful division of mortgage processing or origination fees requires that the fees be divided.  The Court found the “plain language” of the Real Estate Procedures Act of 1974 (“RESPA”) to be controlling in Freeman v…. Continue Reading