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
The Administration, unsurprisingly but nonetheless most significantly, petitioned the United States Supreme Court (SCOTUS) to review the continuing preliminary injunction against part of the Department of Homeland Security (DHS) not-a-regulation immigration executive action. On the other hand, the Environmental Protection Agency (EPA) responded to a not-yet remand and a remand of different rules. DHS took… Continue Reading
The week before Labor Day – the final week of summer vacation – the Government might be expected to slow down, but the contrary was true. The Consumer Financial Protection Bureau (CFPB) published an obscure “ratification” of its Director’s previous acts, further raising questions of the efficacy of those acts. The Internal Revenue Service, on… Continue Reading
OMB released the Fall 2011 Unified Agenda of Federal Regulatory and Deregulatory Actions and Fall 2011 Regulatory Plan today. These two “documents” are important planning documents for agencies and the public because they provide some insight and some transparency to agency and OMB planning for the coming year.