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

Monthly Archives: September 2013

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 – 9/23/13

Posted in Regulatory Process

Substantial regulatory movement last week portends future litigation as agencies took major steps that will impose new costs or alter business planning.  The most significant three releases were: Environmental Protection Agency (EPA) greenhouse gas proposed rules for new electrical generating plants; Department of Labor (DOL) final Fair Labor Standards Act (FLSA) regulations applicable to home… Continue Reading

Auer Declined – 9th Circuit Grants No Deference to DOL Interpretation of Ambiguous Regulations, but Persuaded Anyway

Posted in Judicial Process, Judicial Review & Remedies

The United States Court of Appeals for the Ninth Circuit declined to grant the Department of Labor (DOL) deference as to its interpretation of its own rules in Independent Training and Internship Program v. California Department of Industrial Relations.  Although this decision has very limited applicability to California, the core focuses on the National Apprenticeship… Continue Reading

ACUS Fall Meetings Schedule: New Projects, New Challenges

Posted in Judicial Review & Remedies, Regulatory Process

The Administrative Conference of the United States (ACUS) announced its schedule of committee meetings for this Fall, including projects on ex parte communications with agencies during informal rulemaking and judicial remand of rules without vacatur.  Many ACUS projects set trends for the development of administrative law or new consensus standards, and these committee meetings provide… Continue Reading

Monday Morning Regulatory Review – 9/16/13

Posted in Judicial Review & Remedies, Regulatory Process

Three significant points of interest this week from three totally different yet all preliminary perspectives: the Department of Agriculture (DOA)’s Country of Origin Labeling (COOL) regulations survived a motion for a preliminary injunction pending judicial review; the Department of Labor (DOL) published its long-awaited proposals for new occupational safety standards for crystalline silica; and the… Continue Reading

ABA Administrative Law Conference: An Event Worth Attending

Posted in Uncategorized

The American Bar Association Section on Administrative Law and Regulatory Practice has announced its Fall Conference.  Normally, this blog does not publicize conferences, but this particular conference is the one event that practitioners – whether lawyers, economists, policy and program analysts, or otherwise – should consider attending.  The conference provides a wide range of educational… Continue Reading

APA Notice, Public Comment & Procedural Rules: Learning from FCC Mistakes

Posted in Judicial Review & Remedies, Regulatory Process

The United States Court of Appeals for the Second Circuit, in Time Warner Cable Inc. v. Federal Communications Commission (FCC), recently vacated and remanded one portion of the FCC’s 2011 rules that govern (loosely said) “television” that sought to prevent program blackouts by extending network programming contracts beyond their expiration.  While petitioners launched a broad… 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