Header graphic for print
Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

Monthly Archives: October 2012

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 – 10/22/12

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

The cupboard is getting bare as we approach the election.  The Office of Management and Budget (OMB) completed review on no (“0”) proposed or final rules last week, but at least the Department of the Treasury (DOTr) updated its Iranian assets blocking regulations and Department of Health and Human Services (HHS) submitted its calendar year… Continue Reading

Monday Morning Regulatory Review – 10/15/12

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

Last week a number of small events, mostly in the courts.  The Environmental Protection Agency (EPA)’s long awaited CAFÉ regulation finally published in the Federal Register; a suit was filed to invalidate the Securities and Exchange Commission (SEC)’s extractive industries reporting rule, the Department of Justice (DOJ) sought further review of decisions in Food and… Continue Reading

SCOTUS to Decide on Deference to Agency Jurisdiction Interpretations

Posted in Judicial Review & Remedies

The United States Supreme Court agreed to review the United States Court of Appeals for the Fifth Circuit decision in City of Arlington, Texas v. FCC, limited to the question of whether courts should apply Chevron deference in reviewing an agency’s determination of its own jurisdiction.  This grant of certiorari sets the stage for resolution… Continue Reading

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 – 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