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

Monthly Archives: January 2012

Opinion: Regulatory Analysis, Public Comments, and Policy Decisions

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

A crop of comments have sprung up recently on whether regulatory analyses in rulemaking – economic, scientific, and otherwise –support a specific point of view.  At the same time, questions about whether public comments inherently bias a policy decision in a specific direction have arisen.  At bottom, information is the currency of the regulatory process… 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

Shifting an Agency’s Responsibility to the Public: The FCC’s Bad Idea

Posted in Judicial Review & Remedies, Regulatory Process

In an editorial in the University of Pennsylvania Program on Regulations RegBlog this week, Prof. Cary Coglianese pointed out that the FCC has published a notice in the Federal Register Public seeking comment on whether it should require commenters to file materials they cite in their comments on FCC rules so that the cited material… Continue Reading

OIRA Suggests Small, Welcome Improvement in Regulation Preambles

Posted in Executive - OMB Review

OIRA Director Cass Sunstein recently directed agencies to make a small improvement in regulatory preambles:  include an executive summary for complex regulations.  This is a simple suggestion, but for anyone who regularly reads Federal regulations, it is a welcome improvement.  Using executive summaries may seem to state the obvious, but it has not been obvious… Continue Reading

Clean Air Act and APA Effective Date Stays: Sierra Club v. Jackson – again

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

The EPA’s Clean Air Act (CAA) rules may become effective in short order, imposing major new requirements on industry: National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (Boiler Rule) and Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and… Continue Reading

Judicial Skepticism of Administrative Rulemaking Quality – A Growing Trend?

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

Federal courts of appeals appear increasingly skeptical of regulation in 2011, and may be more skeptical in 2012.  Major HHS, EPA, DOE, DOT, DHS, FCC, SEC, and other rules and rule-based actions were struck down in the U.S. Courts of Appeals because the Administration or the “independent agencies” failed to comply with the Administrative Procedure… Continue Reading

House Passes Massive Administrative Law Reforms – President’s Advisors Recommend Veto – Future Uncertain

Posted in Legislation, Regulatory Flexibility & Small Business, Regulatory Process

The U.S. House of Representatives passed massive changes in the Administrative Procedure Act (APA), Regulatory Flexibility Act (RFA), and the Congressional Review Act (CRA) in late 2011.  The President’s Senior Advisors indicated they would recommend that POTUS veto all of these bills if presented to him.  Senate action, and thus enactment, is unlikely.  The House… Continue Reading

Welcome to the Federal Regulations Advisor

Posted in Regulatory Process

Public discourse on federal regulations will improve the quality and efficacy of regulation and compliance. I started this blog to provide general information and commentary on the broad scope of federal administrative regulations, and related litigation and legislative actions – and sometimes on specific events in specialized regulatory practices. I have practiced law for nearly… Continue Reading