The Environmental Protection Agency (EPA) did not heed calls for extension of the public comment period on a massive rulemaking – granting a stingy extension that will cause more requests. The Consumer Financial Protection Bureau (CFPB), on the other hand, delayed the effective date on a major mortgage rule for seven months to try to… Continue Reading
Occasionally, an opinion begs to be quoted, and so no further introduction is needed to the United States Court of Appeals for the Eighth Circuit’s March 25, 2013, opinion in Iowa League of Cities v. EPA: The Iowa League of Cities (“League”) seeks direct appellate review of two letters sent by the Environmental Protection Agency… Continue Reading
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
Administrative Procedure Act (APA) litigation details dominate this week’s review. The United States Court of Appeals for the District of Columbia Circuit upheld an airline-advertising rule, remanded part of a health care exclusion decision, and declined to stay a political advertisement disclosure rule. New to the docket is a petition challenging a biofuels rule because… Continue Reading
The Environmental Protection Agency (EPA) published its “portland cement” reconsideration and the Small Business Administration (SBA) published three more proposed size standard adjustments. The Department of Transportation (DOT) submitted a mammoth final 2017 model year passenger car and light truck mileage standard to the Office of Management and Budget (OMB). At the end of judicial… Continue Reading
Securities Audit Trail: The Securities and Exchange Commission (SEC) approved a final rule under the Securities Exchange Act of 1934 to require national securities exchanges and associations to submit a national market system plan to create, implement, and maintain a consolidated audit trail for securities to capture customer and order event information across all markets,… Continue Reading
A recurring question confuses lawyers, businesses, and agencies: When can an agency issue a “guideline” and when must it issue a “rule.” Several instances of the issue have arisen recently that reiterate why this issue deserves attention. Patrick Rizzi pointed out, for example, that the Department of Transportation (DOT) issued new guidance on the use… Continue Reading
OMB released the Fall 2011 Unified Agenda of Federal Regulatory and Deregulatory Actions and Fall 2011 Regulatory Plan today. These two “documents” are important planning documents for agencies and the public because they provide some insight and some transparency to agency and OMB planning for the coming year.