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

Tag Archives: SEC

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

Monday Morning Regulatory Review – 5/19/14: Open Internet or Net Neutrality; Broadcaster Shared Resources; Conflict Mineral Stays III; Coal Dust Consolidation; & ACUS Agenda

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

The Federal Communications Commission (FCC) proposed their response to the loss of their “net neutrality” rules, and a petition was filed challenging guidance on transactions under the broadcast ownership rules, another sore spot in the FCC’s regulatory warehouse.  The United States Court of Appeals for the District of Columbia Circuit declined to stay the remainder… Continue Reading

Monday Morning Regulatory Review: 5/12/14: Coal Dust Review; Conflict Minerals Stay II; Renewable Fuels Standard; & Particulate Matter

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

Much follow-up on last week’s Monday Morning Regulatory Review, including multiple petitions for judicial review of the Federal Mine Safety and Health Administration (FMSHA)’s coal dust rule and stay litigation in the Securities and Exchange Commission (SEC)’s conflict minerals rule.  In two new judicial decisions, the Environmental Protection Agency (EPA) renewable fuel standards and particulate… Continue Reading

Monday Morning Regulatory Review – 5/5/14: SCOTUS on EPA Cross State / Transport Rule; SEC Conflict Minerals Stay; DOT Trucker Coercion; & TSA Air Passenger Fees

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

Travail between the agencies and the courts present three of last week’s major events in federal regulations while an agency’s view of its authority to change fees by a final rule presents a fourth significant issue.  The United States Supreme Court (SCOTUS) reversed and remanded a lower court vacatur of the Environmental Protection Agency (EPA)… Continue Reading

D.C. Circuit Vacates Dodd-Frank Conflict Minerals Provision & SEC Rule as Violating First Amendment Free Speech

Posted in Agency Authority, Constitutional Issues in Regulations, Regulatory Process

The United States Court of Appeals for the District of Columbia today, in National Association of Manufacturers v. SEC, affirmed a district court judgment that the Securities and Exchange Commission (SEC) did not violate procedural requirements or misconstrue the statute in promulgating the Conflict Minerals Rule, but vacated the specific underlying statutory provision and the… Continue Reading

Monday Morning Regulatory Review – 2/3/14: Volcker & Trust Preferred Securities; SOTU Contractor Minimum Wage; Battery Charger Efficiency; Safe Food Transport; and CDL Drug & Alcohol Clearinghouse

Posted in Agency Authority, Regulatory Process

This week in federal regulatory practice was highlighted by agency action rather than litigation, particularly the long-anticipated and delayed publication of the Volcker Rule and its first amendment, formally starting the clock for implementation and litigation.  The most significant action in the Administration’s long-term goals was President (POTUS)’s announcement that he would require federal contractors… Continue Reading

Monday Morning Regulatory Review – 1/20/14: Lobbyist Bar Remanded; Indian Country Clean Air Rule Vacated; Prison Telephone Rule Stayed; Obamacare Subsidies Rule and Non-Resident Alien Interest Reporting Rules Upheld; & Volcker Rule Retreat

Posted in Agency Authority, Judicial Process, Judicial Review & Remedies, Regulatory Flexibility & Small Business

The United States courts in the District of Columbia were the focus of the regulatory world last week, and the United States Court of Appeals for the District of Columbia Circuit vacatur of the “net neutrality” rule was only the news leader.  The D.C. Circuit also remanded a case to the district court to assess… Continue Reading

Monday Morning Regulatory Review – 12/16/13: Obamacare Deadlines; Labor Elections Rule; Swaps Litigation; Vacating Empty Rules; & the Volcker Rule

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

Regulatory highlights from the past week include the Administration pushing back the deadline for applying for Obamacare and then begging insurance companies for even more time and leniency.  Two independent agencies – the Commodities Futures Trading Commission (CFTC) and the National Labor Relations Board (NLRB) threw in the towel on litigation and proposed new rules… Continue Reading

Monday Morning Regulatory Review – 11/11/13 – Part I: Regulations

Posted in Regulatory Flexibility & Small Business, Regulatory Process

Agencies charged new rules and proposed new charges to the American economy last week with renewed vigor, including the Securities and Exchange Commission (SEC)’s overdue crowdfunding proposal, Departments of Health and Human Services (HHS)’s (and others) mental health parity rule, Department of Labor (DOL), Occupational Safety and Health Administration (OSHA)’s electronic reporting proposal, Environmental Protection… Continue Reading

Monday Morning Regulatory Review – 9/23/13

Posted in Regulatory Process

Substantial regulatory movement last week portends future litigation as agencies took major steps that will impose new costs or alter business planning.  The most significant three releases were: Environmental Protection Agency (EPA) greenhouse gas proposed rules for new electrical generating plants; Department of Labor (DOL) final Fair Labor Standards Act (FLSA) regulations applicable to home… Continue Reading

Monday Morning Regulatory Review – 7/29/13

Posted in Judicial Review & Remedies, Regulatory Process

Several key regulatory events in the past week include decisions from the courts on rules on greenhouse gases, air quality standards for ozone, and conflict minerals.  Two court of appeals split on whether companies can exercise religious views, lessening the likelihood that the United States Supreme Court (SCOTUS) will decide any administrative law issues relating… Continue Reading

Monday Morning Regulatory Review – 7/22/13

Posted in Constitutional Issues in Regulations, Judicial Review & Remedies, Regulatory Process

Two recent cases of interest deserve at least a summary review – the vacation of an Environmental Protection Agency (EPA) rule that deferred regulation and permitting of some carbon dioxide emissions in scientific uncertainty and rejection of a Securities and Exchange Commission (SEC) rule on whistleblowers in private litigation.  In response to litigation and Congressional… Continue Reading

District Court Vacates SEC Mineral Extraction Reporting Rule

Posted in Judicial Review & Remedies

The United States District Court for the District of Columbia vacated and remanded the Securities and Exchange Commission (SEC)’s Disclosure of Payments by Resource Extraction Issuers rule in American Petroleum Institute v. SEC.  The ruling found that the SEC misread the statute on one issue and failed to provide a rational for its interpretation on… Continue Reading

SCOTUS Review: Administrative Law Cases in the 2012 Term

Posted in Constitutional Issues in Regulations, Judicial Process, Judicial Review & Remedies

The United States Supreme Court (SCOTUS) decides a few significant administrative law cases each Term and the Term just concluded was no exception.  Although “administrative law” decisions do not draw the interest of the more volatile constitutional cases that the general press finds so tantalizing, administrative law and related decisions profoundly affect how Americans live… Continue Reading

Monday Morning Regulatory Review – 6/24/13

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

Regulatory process returned to the forefront last week, with Department of Health and Human Services (HHS) proposing the latest in Patient Protection and Affordable Care Act rule for small business, while the Small Business Administration (SBA) published four more size standard adjustments and will soon publish new size integrity standards.  The Securities and Exchange Commission… Continue Reading

Monday Morning Regulatory Review – 5/6/13

Posted in Judicial Review & Remedies, Regulatory Process

All 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 Process

Busy 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

Monday Morning Regulatory Review – 4/15/13

Posted in Judicial Process, Regulatory Process

A 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

CFTC Pool Operator Rule Upheld – Broader Lessons Need Consideration

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

The United States District Court for the District of Columbia granted the agency summary judgment in Investment Company Institute v. Commodity Futures Trading Commission  (CFTC), leaving intact the Commodity Pool Operators and Commodity Trading Advisors: Compliance Obligations final rule (as corrected) (the “pool” rule).  Plaintiffs claimed that the CFTC had violated the Administrative Procedure Act… Continue Reading

Monday Morning Regulatory Review – 10/29/12

Posted in Regulatory Process

Washington (with the Federal Government closed) braces for approaching storm Sandy – not regulatory, at least this week, but the regulatory tsunami appears more destined to occur than ever.  The Spring 2012 Unified Agenda now appears to have been an exercise in futility and wasted resources, as the Office of Information and Regulatory Affairs (OIRA)… Continue Reading

Monday Morning Regulatory Review – 10/15/12

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

Last week a number of small events, mostly in the courts.  The Environmental Protection Agency (EPA)’s long awaited CAFÉ regulation finally published in the Federal Register; a suit was filed to invalidate the Securities and Exchange Commission (SEC)’s extractive industries reporting rule, the Department of Justice (DOJ) sought further review of decisions in Food and… Continue Reading

Monday Morning Regulatory Review – 9/17/12

Posted in Regulatory Flexibility & Small Business, Regulatory Process

A bevy of new rules and proposed rules were issued last week.  Most notable contributions come from the Bureau of Consumer Financial Protection (CFPB), Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), Environmental Protection Agency (EPA), and Small Business Administration (SBA).  On the management side, the Office of Management and Budget (OMB) has… Continue Reading