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

Tag Archives: United States District Court for the District of Columbia

CFTC Position Limit Rule Struck Down for Violating Dodd-Frank Act

Posted in Judicial Review & Remedies

The United States District Court for the District of Columbia last week struck down the Commodities Futures Trading Commission (CFTC)’s Position Limits for Futures and Swaps final rule and interim final rule in International Swaps and Derivatives Association v. CFTC.  The court found that the CFTC failed to determine that such position limits were “necessary… Continue Reading

Monday Morning Regulatory Review – 8/27/12

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

The Department of Health and Human Services (HHS) dominated last week.  The United States Court of Appeals for the District of Columbia Circuit affirmed the District Court in two cases of note:  upholding HHS’s revised embryonic stem cell research rules and striking down HHS’s tobacco packaging rules – which will be the subjects of future… 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

Monday Morning Regulatory Review – 7/30/12

Posted in Judicial Process, Judicial Review & Remedies

Administrative Procedure Act (APA) litigation details dominate this week’s review.  The United States Court of Appeals for the District of Columbia Circuit upheld an airline-advertising rule, remanded part of a health care exclusion decision, and declined to stay a political advertisement disclosure rule.  New to the docket is a petition challenging a biofuels rule because… Continue Reading

Administration’s Failing Grades: Education’s “For Profit” Debt Measure Rule Vacated

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

The United States District Court for the District of Columbia vacated more Department of Education (DOE) “for-profit college” student loan funding rules on June 30.  In this edition, the court accepted DOE’s interpretation of a statutory “gainful employment” requirement, but rejected DOE’s debt measure proxy and subsidiary reporting and approval rules.  Association of Private Sector… Continue Reading

ACA Contraceptive Rule Not Ripe for Review – Yet, Maybe Never?

Posted in Judicial Process, Judicial Review & Remedies

The United States District Court for the District of Columbia has dismissed one of a number of challenges to the Department of Health and Human Services (HHS)’s Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act interim final rule.  The court concluded that… Continue Reading

Monday Morning Regulatory Review – 6/18/12

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

Regulations: FCC Cell Phone Privacy:  The Federal Communications Commission (FCC) sought public comment on its Privacy and Security of Information Stored on Mobile Communications Devices proposed rule.  The summary published in the Federal Register notes that the FCC seeks comment on its idiosyncratic website on the privacy and data security practices of mobile wireless service… Continue Reading

Monday Morning Regulatory Review – 6/11/12

Posted in Judicial Review & Remedies, Regulatory Process

Litigation: DOL FLSA Interpretation.  The United States District Court for the District of Columbia decided that a change in the Department of Labor (DOL)’s interpretation that the Fair Labor Standards Act (FLSA) exemption from overtime pay requirements for administrative personnel does not apply to a bank’s mortgage loan officers.  Mortgage Bankers Association v. Solis did… Continue Reading

Monday Morning Regulatory Review – 5/7/12

Posted in Executive - OMB Review, Regulatory Process

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

Monday Morning Regulatory Review – 4/9/12

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

Last week was exceptionally quiet, quieter than expected.  OMB’s docket remained almost static, with a few additional rules being held for extended review.  Two interesting cases were decided in D.C. – the U.S. Court of Appeals strictly enforced a deadline on OSHA, and the District Court denied an injunction against an Interior rule (something not… Continue Reading

Clear Statutes & Unforeseen Circumstances: The Danger of Overreach

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

The United States District Court for the District of Columbia has invalidated the Federal Election Commission (FEC) electioneering contributor disclosure limitations, or campaign donor advertising, regulations.  The court found that statutory rulemaking delegation did not authorize the FEC to promulgate rules to respond to changes occasioned by Supreme Court decisions that parts of the statute… Continue Reading