Regulatory practice last week presented a number of different Congressional interventions – from the complexity of a Consolidated Appropriation for the remainder of the fiscal year, to disapproval of a regulation under the Congressional Review Act (CRA), to a direct legislative vitiation of a final rule. The Administration took two different steps toward reconsideration of… Continue Reading
Unsurprising, the Senate confirmed a new Justice last Friday while the United States Supreme Court (SCOTUS) he is about to join continued adjudicating a minimal regulatory law docket, at least rejecting the notion that it should stay one case where the new Administration seeks to modify the underlying rule. At the other end of Pennsylvania… Continue Reading
In another Executive Order, the President of the United States (POTUS) directed subordinates to reconsider certain rules, but this time included a process change that has more subtle process implications. The “deadline” for filing joint resolutions to set aside regulations from a prior Administration appears to have passed, but that may mean very little. And… Continue Reading
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.
The Administration attempts to move toward a normal flow in the regulatory process as the docket thaws ever so slightly and it instructs agencies on the process of establishing their regulatory agendas. Old regulations, however, sometimes die ignominious deaths, such as removal from the Code of Federal Regulations after vacatur, while others fate is so… Continue Reading
Congress returned this week and began consideration of old legislative ideas for regulatory reform with a new perspective – and one that now merits attention. Perhaps the last major labor regulation is published today, but one that may not be as contentious as previous rules have proven to be. And among transition jumping proposals, vehicle… Continue Reading
Interesting regulatory events of the past week come from all three branches of the United States Government. From the independent Federal Communications Commission (FCC), the Chairman signaled his proposed way forward on the issue of “net neutrality” that could become a significant regulatory morass. A district court vacated several provisions of immigration regulations in the… Continue Reading
The United States Supreme Court (SCOTUS), in NLRB v. Noel Canning, today affirmed the United States Court of Appeals for the District of Columbia decision that President Obama (POTUS) unconstitutionally appointed members of the National Labor Relations Board (NLRB) as “recess appointments” when the Senate was not in recess. SCOTUS unanimously affirmed on narrower grounds… Continue Reading
Frenetic regulatory activity in the past week covered large swaths of substantive administrative law in the Administration and the Congress, and likely set the stage for more regulatory litigation, so much so that this Monday Morning Regulatory Review (MMRR) must be divided into two posts. This post highlights the Department of Health and Human Services… Continue Reading
Regulations: DOJ Prison Rape: The Department of Justice (DOJ) published its final National Standards to Prevent, Detect, and Respond to Prison Rape final rule with a request for additional comments on June 20, 2012. This massive (it would have been ream-sized if double-spaced) rule may illustrate the need for careful evaluation of cumulative estimates and… Continue Reading
A normally quiet week was punctuated by significant rules and proposals from the FCC on phone bills and the EPA on emergency generators. The Senate, on its way out the door to a recess, provided the lighter side, sending a bill to the House that would eliminate “lunatic” from the United States Code.
Ilyse Schuman recently reported in the Employment Law Update that the House Appropriations Committee had approved FY2013 funding, and filed a report, for the Equal Employment Opportunity Commission (EEOC). She focused on the catch that “none of the funds made available in this Act” can be used to implement the EEOC’s Disparate Impact and Reasonable… Continue Reading
Regulations: In candor, but with no surprise, the National Labor Relations Board (NLRB) published a notice delaying the effective date of its Posting Rule, which required “posting” of the NLRB-generated notice of employee rights and specifying that failure to do so was an unfair labor practice, “until further notice.” The United States Court of Appeals… Continue Reading