Regulatory practice remains in a curious near-catatonic state two months after the inauguration of a new Administration. Legislation is amputating prior rules, almost no affirmative regulatory activity is noticeable, and judicial review has slowed markedly while awaiting the Administrative to state of its intentions. Doctrinal development has all but ceased for the time being.
A most interesting opinion from the United States District Court for the District of Columbia preliminarily enjoined the Department of the Interior (DOI) from enforcing regulations that prohibited the interstate transportation of two species of reptiles found to be “injurious” under the Lacey Act. United States Court of Appeals for the District of Columbia Circuit… Continue Reading
The Engine of Government fully engaged last week, paperwork to follow. The Administration “announced” an interpretation of the Patient Protection and Affordable Care Act (PPACA, aka ObamaCare) that permits more time for individuals to acquire health care and avoid tax penalties, while the United States District Court for the District of Columbia denied a preliminary… Continue Reading
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
President Obama (aka POTUS), in a new supplement to the long-standing Executive Order 12866, directed Executive Branch agencies develop better and more transparent regulations, including: an “open exchange of information and perspectives among State, local, and tribal officials, experts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole”/ advance… Continue Reading