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

Tag Archives: Surface Mining Control and Reclamation Act

Monday Morning Regulatory Review – 1/23/17: Transition Continuity of Operations; Stream Protection Suit 2 & RFS Mandatory Duty Suit

Posted in Judicial Process, Regulatory Process

The first Monday and official workday of a new Administration presents a challenge – agencies have been instructed to hold all regulations for the moment pending further review; implementation will take some time.  On the other hand, a suit to enjoin the prior Administration’s stream protection rule and to compel an agency to consult with… Continue Reading

Tuesday Morning Regulatory Review – 1/3/17: Statutes of Limitation & Regulations; Finality, Power & Constitutionality; Another Sex & Gender Preliminary Injunction; Streaming Suit; Effective Date Delay Dance; Inaction as Action; Energy Efficiency Standards Efficiencies; and Irrelevant and Relevant Facts

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

Welcome back for the fifth anniversary post of the Federal Regulations Advisor (No. 393) and a new year of poking the Federal regulatory bear (and sometimes praising it).  Among highlights from regulatory practice in the past few weeks are a recurring regulatory misinterpretation of a statute of limitations, a new intercircuit conflict over appointments of… Continue Reading

EPA Exceeds Authority in Clean Water Act “Guidance” for Surface Mining

Posted in Agency Authority, Judicial Review & Remedies

The United States District Court for the District of Columbia struck down the Environmental Protection Agency (EPA) Final Guidance Improving EPA Review of Appalachian Surface Coal Mining Operations Under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order on July 31st.  The complicated decision in National Mining Association v. Jackson… Continue Reading