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

Tag Archives: Unified Agenda

Monday Morning Regulatory Review – 6/16/14: Legislative v. Interpretive or Procedural Rules; Contractor Minimum Wage; Inflated Size Matters; Changing Interpretation; Regulatory Agendas; & EPA Delays RFS

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

Last week focuses (mostly) on wages and small business.  The United States Court of Appeals for the District of Columbia Circuit handed another setback to the Department of Labor (DOL)’s detachment of binding requirements from regulations.  DOL, for its part, proposed regulations to increase the minimum wage paid by government contractors, a costly proposed rule… Continue Reading

Monday Morning Regulatory Review – 5/26/14: Electric Power Sales; Orphan Drugs Other Uses; Spring 2014 Unified Agenda & Memorial Day, 2014

Posted in Agency Authority, Judicial Review & Remedies

The Friday before the long Memorial Day weekend is either a desert of regulatory activity or – as last week – a cornucopia in need of distillation.  Three highlights warrant note, though many rules were published, placed on inspection, or otherwise released.  The United States Court of Appeals for the District of Columbia Circuit vacated… Continue Reading

Monday Morning Regulatory Review – 1/13/14: Electric Generating Emissions; Demise of the NLRB Posting Rule; Obamacare Regulation by Blog Post; Aircraft Repair Stations Coordination; Unified Agendas & Regulatory Plans

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

The beginning of a new year raises several process questions for regulatory practitioners.  The Environmental Protection Agency (EPA) published a new proposed rule to limit emissions from new electric power generators – a rule EPA released several months ago, but only published last week.  The National Labor Relations Board (NLRB) threw in the towel on… Continue Reading

Monday Morning Regulatory Review – 9/30/13

Posted in Judicial Review & Remedies

The weekly scour of administrative law sources occasionally comes up very dry.  Readers are welcome to provide tips and pointers on current events relating to the Administrative Procedure Act (APA), Regulatory Flexibility Act (RFA), Paperwork Reduction Act (PRA), Unfunded Mandates Reform Act (UMRA), and all significant things regulatory related to the federal agencies and their… Continue Reading

Monday Morning Regulatory Review – 9/2/13

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

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

Monday Morning Regulatory Review – 7/15/13

Posted in Judicial Review & Remedies, Regulatory Process

It’s vacation time in Washington and elswwhere.  Four events last week are guaranteed not to provide good beach reading:  The Office of Management and Budget (OMB) released a Unified Agenda of planned regulatory actions and, of more immediate concern, the Federal Aviation Administration released its 1500 hour rule in the wake of Asiana 214’s tailhook… Continue Reading

OMB Releases Fall 2012 Unified Agenda & Regulatory Plan: Meaning what?

Posted in Regulatory Flexibility & Small Business, Regulatory Process

The Obama Administration released a Unified Agenda and Regulatory Plan overnight December 22, 2012, after being missing in action for months and finally skipping the Spring 2012 version altogether, not releasing any instructions for the development of the Fall 2012 Unified Agenda, and with no announcement of the 2012 Fall Unified Agenda whatever.  OMB’s lack… Continue Reading

Monday Morning Regulatory Review – 11/5/12

Posted in Judicial Review & Remedies, Regulatory Process

The election is tomorrow and regulatory activity seems to be in the calm before the storm.  Congress further pressured the Administration on the lack of a Unified Agenda, but the Office of Management and Budget (OMB) did complete review on some very time-sensitive regulations, while the Environmental Protection Agency (EPA) announced at least some compliance… 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 – 10/1/12

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

Small movements with potentially large impact over time occurred last week, but most did not see the light of day in the national or legal media.  Key points: Department of Labor (DOL) extended the effective date of the H-2B Wage Methodology rule given another appropriation rider; Department of Homeland Security (DHS) continues to lag behind… Continue Reading

OMB Missing in Action: Unified Agenda and Presidential Transition Planning

Posted in Regulatory Process

Amid every Presidential campaign, some regulatory actions become the grist of the political mill, while others are laid to rest peacefully.  The regulatory process – as a process – transcends the politics and some institutional “continuity of operations / continuity of government” steps need to be taken.  So far, however, the Office of Management and… Continue Reading

DOJ’s “Departure Bar” Regulation to Reopening Immigration Cases: Another Circuit, Another Loss

Posted in Judicial Review & Remedies

The United States Court of Appeals for the Eleventh Circuit joined several other circuits in holding contrary to statute a Department of Justice (DOJ) regulation divesting the Board of Immigration Appeals (BIA) of jurisdiction when an alien leaves the United States in Lin v. U.S. Attorney General.  The Eleventh Circuit found that the “Departure Bar”… Continue Reading

Guns, Ammo, Conflicting Agency Views & the Importance of OMB Review

Posted in Executive - OMB Review

This morning’s Wall Street Journal highlights an often overlooked, critical, confusing, and somewhat misnomered regulatory function:  Office of Management and Budget (OMB) review.  Adam Entous and Evan Perez write that “U.S. homeland-security and law-enforcement agencies have objected to Obama administration proposals to relax export restrictions on high-powered firearms, threatening a centerpiece of the president’s trade… Continue Reading

Be Sued & Settle – Agencies Can’t Avoid Administrative Law

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

The practice of suing and (immediately) settling litigation does not override the requirements of the Administrative Procedure Act (APA), the Regulatory Flexibility Act (RFA), and other statutory requirements, but it may limit the Administration’s discretion to review regulations under Executive Orders 12866 and 13653.  Defenders of Wildlife v. Jackson illustrates this practice’s lack of transparency… Continue Reading

Jobs Council Recommends Regulatory Reforms: Old News?

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

President Obama’s Jobs Council recommended regulatory reforms on January 17, 2012, with few surprises and little that is new.  Some recommendations are welcome reiterations of good ideas, and some repeat past small steps already taken.  A few are quite worthwhile.  The Council now recommends: earlier public outreach through greater use of the existing Advance Notice… Continue Reading