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

Tag Archives: Brand X

Monday Morning Regulatory Review – 2/6/17: Gorsuch to SCOTUS; Regulatory Budgeting; Fiduciary Rule Reconsideration; Congressional Disapproval Resurrection; and Petitions & Political Debates

Posted in Constitutional Issues in Regulations, Judicial Process, Regulatory Process

A complicated and busy week in regulatory practice requires extended comments and a little patience.  The President of the United States (POTUS) nominated Judge Neil Gorsuch to be an Associate Justice of the Supreme Court of the United States (SCOTUS) and that will likely soon require new thinking about judicial deference to agency interpretations.  POTUS… Continue Reading

Monday Morning Regulatory Review – 12/19/16: Continuing Reporting Obligations; Litigation Risk & Process Speed; FAR Injunction Notice, Land Use Planning and Plans & a Programming Note

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

With the 30-day deadline for making rules effecting during the current Administration fast approaching (Wednesday), agencies took a number of actions that raise concerns – or at least perceived concerns.  One final rule challenges a court determination of the agency’s authority, while another agency took pains to adopt an interim rule on a not-very-controversial subject. … Continue Reading

Monday Morning Regulatory Review – 9/12/16: Silence, Gaps, Limits & Tips; Flashing Lights, Highway Guidance & Standing; and Remanded Emissions Budgets Return

Posted in Judicial Process, Judicial Review & Remedies

Two interesting cases were handed down last week.  One is a complicated dissent from denial of a petition for rehearing en banc that raises questions of agency regulation of a subject that falls either in a gap in the statute or outside the subject of the statute.  The second case focuses on standing to challenge… Continue Reading

FCC “Net Neutrality” Rules Vacated by U.S. Court of Appeals for D.C. Circuit

Posted in Agency Authority, Judicial Review & Remedies

The United States Court of Appeals for the District of Columbia today vacated the Federal Communications Commission (FCC) “net neutrality” rules in Verizon v. FCC.  At the heart of the net neutrality issue is whether the FCC has authority to prohibit broadband Internet providers such as Verizon or Comcast or others from giving priority to… 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