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

Tag Archives: judicial review

ABA 10th Annual Administrative Law & Regulatory Practice Institute – One Meeting Worth Attending

Posted in Judicial Review & Remedies, Regulatory Process

Attorneys must keep up to date with the developments in the law – one reason for this blog and one reason for attending the American Bar Association (ABA) Administrative Law and Regulatory Practice Section’s 10th Annual Administrative Law & Regulatory Practice Institute on April 3 – 4, 2014.  Many courts require attorneys to attend “continuing… Continue Reading

Judicial Review of An Orderly Shutdown of Government – Regulatory Process

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

The Government is closed – somewhat – and the regulatory process surely is winding down but will not entirely stop.  The funding lapse with closing the books on FY2013 and no appropriations in place for FY2014 set in motion an “orderly shutdown” yesterday.  What that means from a regulatory process perspective is as varied as… Continue Reading

Delicate Technicalities of Judicial Review of Final Agency Action

Posted in Judicial Process, Judicial Review & Remedies

Several weeks ago, this blog alluded to a court of appeals criticism of its district court that focused on the nature of the remedy in judicial review of final agency action under the Administrative Procedure Act (APA): that the court enjoined a rule when it should have set the rule aside.  This criticism may seem… Continue Reading

Judicial Review & EO 12866 Regulatory Impact Analysis

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

A common but little understood Administrative Procedure Act (APA) issue arose from last Monday’s Regulatory Review: How does an aggrieved business acquire APA judicial review of a rulemaking under Executive Order 12886 – the executive and inter-agency review performed by the Office of Management and Budget (OMB) and its Office of Information and Regulatory Affairs… 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

ACUS Requests Proposals for Administrative Record and Social Media Studies

Posted in Judicial Review & Remedies, Regulatory Process

The Administrative Conference of the United States (ACUS) today released two requests for proposals (RFPs) for new studies and recommendations on: Administrative Record and Judicial Review of Informal Agency Proceedings, and Social Media in Rulemaking. ACUS – as the Executive Branch Advisory Committee / Think Tank on administrative law does most of its research and… Continue Reading

Be Sued & Settle – Agencies Can’t Avoid Administrative Law

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

The practice of suing and (immediately) settling litigation does not override the requirements of the Administrative Procedure Act (APA), the Regulatory Flexibility Act (RFA), and other statutory requirements, but it may limit the Administration’s discretion to review regulations under Executive Orders 12866 and 13653.  Defenders of Wildlife v. Jackson illustrates this practice’s lack of transparency… Continue Reading

Opinion: Regulatory Analysis, Public Comments, and Policy Decisions

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

A crop of comments have sprung up recently on whether regulatory analyses in rulemaking – economic, scientific, and otherwise –support a specific point of view.  At the same time, questions about whether public comments inherently bias a policy decision in a specific direction have arisen.  At bottom, information is the currency of the regulatory process… Continue Reading