The Environmental Protection Agency (EPA) today published its Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards proposed rule in the Federal Register. Unfortunately, public comments are due on this proposed rule on June 13, 2013 – only 24 days from now. In short, the massive 1,572 typescript pages,… Continue Reading
Tag Archives: Office of Management and Budget
Monday Morning Regulatory Review – 5/13/13
Posted in Judicial Review & Remedies, Regulatory ProcessThis week a sprinkling of interesting events flavors administrative law. Recess appointments litigation may get closer to sweetening the United States Supreme Court (SCOTUS) calendar. A court decision on timing of electronic filing soured one agency’s day, and provides lessons for others. Another court fed a bitter pill to the Department of Justice (DOJ) in… Continue Reading
Monday Morning Regulatory Review – 5/6/13
Posted in Judicial Review & Remedies, Regulatory ProcessAll dollars great and small about regulations this week: the Consumer Financial Protection Bureau (CFPB) theoretically made credit more available, but reality may not be so easy. Stock Exchange data cost rules, are no longer the subject of Securities and Exchange Commission (SEC) approval under Dodd-Frank, and are also no long subject to a petition… Continue Reading
Monday Morning Regulatory Review – 4/29/13
Posted in Agency Authority, Constitutional Issues in Regulations, Judicial Review & Remedies, Regulatory ProcessBusy and long today: The Department of Health and Human Services (HHS) submitted to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), a hospital disproportionate share payment reduction proposed rule. OIRA may have a new Administrator who may or may not have the opportunity to review the rule –… Continue Reading
FDA’s Food Safety Regulations – Court Requires Timing Negotiation
Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory ProcessThe United States District Court for the Northern District of California has found that the Food and Drug Administration (FDA) clearly exceeded the deadlines set by Congress for promulgating regulations under the Food Safety and Modernization Act of 2010 (FSMA). Rather than impose its own arbitrary deadline, the court sent the parties in Center for… Continue Reading
Homeland Security & Labor Issue H-2B Regulations: Authority Solved?
Posted in Agency Authority, Judicial Review & Remedies, Regulatory ProcessThe Department of Homeland Security (DHS) and the Department of Labor (DOL) moved quickly – perhaps too quickly – to resolve legal authority issues raised by recent court decisions vacating low-skilled worker visa (H-2B) regulations by adopting a “joint” interim final rules (IFR) that is available for public inspection and will be published in tomorrow’s… Continue Reading
Monday Morning Regulatory Review – 4/22/13
Posted in Judicial Review & Remedies, Regulatory ProcessThe Office of Management and Budget (OMB) rapidly completed review on a small step in response to President Obama (POTUS)’s agenda on gun violence with an advance notice of proposed rulemaking. The Department of Labor (DOL) submitted to OMB its response to at least one court decision on the H-2B conundrum and needed to explain… Continue Reading
Monday Morning Regulatory Review – 4/15/13
Posted in Judicial Process, Regulatory ProcessA confluence of external factors may have suppressed regulatory activity over the past week – the budget, sequestration, gun control, immigration, tax filing deadline, or what have you. In any event, this morning’s review takes the opportunity to catch up on a few events and questions that might not otherwise garner attention: Environmental Protection Agency… Continue Reading
Monday Morning Regulatory Review – 4/8/13
Posted in Judicial Review & Remedies, Regulatory ProcessFollow-up on previous events of interest is the focus of this morning’s review. The Environmental Protection Agency (EPA) has published its intentions on comments and hearings on new motor vehicle emission and fuel standards proposed rule, but has not published the proposed rule. Both the Department of Labor (DOL) and the Department of Homeland Security… Continue Reading
Monday Morning Regulatory Review – 4/1/13
Posted in Regulatory ProcessA busy last week leaves more to cover – particularly from the perspective of the Office of Management and Budget (OMB). While the OMB docket held relatively steady, OMB completed its long-term review of radiological incident guidance that probably involved substantial inter-agency discussion. Agencies submitted some interesting new proposed and final rules that are also… Continue Reading
EPA’s Tier 3 Vehicle Emission Reduction Proposed Rule: Good, Bad, …
Posted in Regulatory ProcessLast week’s major administrative law milestones are not over, but this post is a little different: plaudits and pans for the Environmental Protection Agency (EPA) regulatory process. EPA released its pre-publication, long awaited, much debated, and massive Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards proposed rule on… Continue Reading
Monday Morning Regulatory Review – 3/25/13
Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory ProcessThe interplay of regulations and litigation came to the fore in a very busy last week, not just in the United States Supreme Court (SCOTUS)’s recent Decker logging road culverts pollution permit decision and the for-profit colleges litigation, but five other matters: The Department of Justice (DOJ) called it quits in defending the Department of… Continue Reading
Monday Morning Regulatory Review – 3/18/13
Posted in Constitutional Issues in Regulations, Executive - OMB Review, Judicial Review & RemediesThe regulatory process thawed last week in the Executive and Judicial Branches. Among the highlights, the simmering Recess Appointments Clause issue facing the National Labor Relations Board (NLRB) will head to the United States Supreme Court (SCOTUS) while many enforcement cases are being held in abeyance and uncertainty surrounds many rules. The United States Court… Continue Reading
Monday Morning Regulatory Review – 3/11/13
Posted in Agency Authority, Regulatory ProcessForgive the absence – surprisingly little to report over the past two weeks. The Office of Management and Budget maintained a relatively stable docket with no truly significant rules being submitted or completed. One might attribute this lull to sequestration – fears and realities – but it remains a question. Congress may be tied up… Continue Reading
Monday Morning Regulatory Review – 2/18/13
Posted in Constitutional Issues in Regulations, Executive - OMB Review, Regulatory ProcessThe Consumer Finance Protection Bureau (CFPB), along with some cohorts, published a flurry of four final rules last week that will give banking and mortgage attorneys plenty to read and absorb – and consider anew whether the CFPB can legitimately issue these rules. Adding a little fuel to the Noel Canning fire, a House of… Continue Reading
ACUS Spring Committee Meetings – Studies Worth Following
Posted in Judicial Process, Regulatory ProcessThe Administrative Conference of the United States (ACUS) announced today a series of meetings by various committees to consider research projects and recommendations. ACUS is an advisory committee composed of about 100 of the government officials and members of the public most steeped in federal administrative law. Agree or disagree with ACUS recommendations, they are… Continue Reading
Monday Morning Regulatory Review – 2/11/13
Posted in Agency Authority, Judicial Review & Remedies, Regulatory ProcessA quiet week in regulations, punctuated by a few interesting events: The United States Court of Appeals for the District of Columbia Circuit vacated the entire definition of “Vented hearth heater” and remanded in part the Department of Energy (DOE)’s ubiquitous Energy Conservation Program rule. The Department of Health and Human Services (HHS) published their… Continue Reading
Monday Morning Regulatory Review – 2/4/13
Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory ProcessRegulatory and judicial processes intersected last week to a greater extent than usual, with several departments addressing (or not) court decisions and ongoing litigation. Highlights: Department of Health and Human Services (HHS) proposing its promised rule on contraceptives and religious organizations that has been the subject of numerous cases, including direct challenges and injunctions; Environmental… Continue Reading
Monday Morning Regulatory Review – 1/21/13
Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory ProcessThis past week saw the January thaw from the holidays in regulatory movement. The Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) completed review on a number of substantial (if not economically significant) regulations, from arms exports to domestic gun control, and health care privacy. The Consumer Finance Protection Bureau… Continue Reading
First FDA Food Safety Proposed Rules Released: A Long, Long Road Ahead
Posted in Executive - OMB Review, Regulatory Flexibility & Small Business, Regulatory ProcessThe Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) completed review of the first of the long-awaited major Department of Health and Human Services (HHS) Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) “first wave” proposed rules: Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls… Continue Reading
2012 Year End Review: Top 10 Most Read Posts & Thoughts for 2013
Posted in Judicial Review & Remedies, Regulatory ProcessA year of writing this blog – and 115 … now 116 posts – warrants a traditional end-of-year review and prospective for next year. For the Federal Regulations Advisor to be useful, it must be responsive to you, its readers. Top 10 Posts: Popularity is often fickle, skewed toward longevity and against recent posts, but… Continue Reading
Monday Morning Regulatory Review – 12/24/12
Posted in Judicial Review & Remedies, Regulatory ProcessNumerous regulations moved prior to year-end annual leave, which is not as surprising as it may seem – holiday planning sometimes invigorates action. Among the highlights, the Office of Management and Budget (OMB) completed review on major Environmental Protection Agency (EPA) Clean Air Act (CAA) final rules on commercial boilers and Portland cement in response… Continue Reading
OMB Releases Fall 2012 Unified Agenda & Regulatory Plan: Meaning what?
Posted in Regulatory Flexibility & Small Business, Regulatory ProcessThe Obama Administration released a Unified Agenda and Regulatory Plan overnight December 22, 2012, after being missing in action for months and finally skipping the Spring 2012 version altogether, not releasing any instructions for the development of the Fall 2012 Unified Agenda, and with no announcement of the 2012 Fall Unified Agenda whatever. OMB’s lack… Continue Reading
Rules and Ripeness: Commitment to Changing Rules During Litigation
Posted in Judicial Process, Judicial Review & RemediesThe United States Court of Appeals for the District of Columbia, in a short order, has held the United States to its word that it will change the Patient Protection and Affordable Care Act rules requiring employers to provide contraceptive services at no cost. The order in Wheaton College v. Sebelius comes after oral argument… Continue Reading