Regulatory practice remains in a curious near-catatonic state two months after the inauguration of a new Administration. Legislation is amputating prior rules, almost no affirmative regulatory activity is noticeable, and judicial review has slowed markedly while awaiting the Administrative to state of its intentions. Doctrinal development has all but ceased for the time being.
Signs of increased speed in the Obama Administration’s quest to institutionalize its policies became apparent with the approval and publication of several economically significant / major rules, even more lesser rules, and even a proposed adjudication. Much publicity has suggested a gaming of the system, but this is a natural result of the end of… Continue Reading
The Environmental Protection Agency (EPA) published its “portland cement” reconsideration and the Small Business Administration (SBA) published three more proposed size standard adjustments. The Department of Transportation (DOT) submitted a mammoth final 2017 model year passenger car and light truck mileage standard to the Office of Management and Budget (OMB). At the end of judicial… Continue Reading