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

Tag Archives: plain meaning

Monday Morning Regulatory Review – 5/22/17: De-Regulating Model Aircraft

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

The United States Court of Appeals for the District of Columbia Circuit, last Friday in Taylor v. Huerta, partially vacated the Department of Transportation (DOT) Federal Aviation Administration (FAA) Registration and Marking Requirements for Small Unmanned Aircraft interim final rule (IFR).  The panel concluded that Congress explicitly barred the FAA from promulgating “any rule or… Continue Reading

Monday Morning Regulatory Review – 11/28/16: Overtime Increase Rule Enjoined; Buckyballs Rule Vacated; and Agency Demarche & Prepaid Cards

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

A short work week did not mean a lack of regulatory substance, something else to be thankful for.  In two significant decisions declaring final rules to be turkeys, a district court preliminarily enjoined an agency rule potentially effecting 4.2 million American wage earners, while a Court of Appeals decision vacated a rule that effectively prohibited… Continue Reading

Monday Morning Regulatory Review – 8/4/14: Obamacare Tax Subsidies Intercircuit Conflict & COOL First Amendment Regulations

Posted in Constitutional Issues in Regulations, Judicial Review & Remedies

Little new and unexpected agencies activity compels review in the last week, but the courts were fully engaged on two very different, critical regulatory issues.  The intercircuit conflict over whether the Internal Revenue Service (IRS) may adopt regulations extending Obamacare tax credits beyond the 16 State-established Obamacare exchanges to include the federal-established exchanges in 34… Continue Reading

D.C. Circuit Vacates EPA Directive – Consistency and Non-Acquiescence: Conflict in Need of Further Rulemaking

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

The United States Court of Appeals for the District of Columbia Circuit today vacated an Environmental Protection Agency (EPA) Clean Air Act (CAA) directive that implemented a decision of the United States Court of Appeals for the Sixth Circuit only in that circuit.  National Environmental Development Association’s Clean Air Project v. EPA illustrates several classic… Continue Reading

NLRB Has No Authority for Posting Rule: 4th Circuit Joins D.C. Circuit, with Broader Reasoning that the NLRB Exceeded Statutory Authority

Posted in Agency Authority, Judicial Review & Remedies

The United States Court of Appeals for the Fourth Circuit affirmed a district court judgment that the National Labor Relations Board (NLRB) had no statutory authority to promulgate its Notification of Employee Rights Under the National Labor Relations Act, or “posting rule.”  The Fourth Circuit thus joined the District of Columbia Circuit.  The latest opinion… Continue Reading