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

Tag Archives: Office of Legal Counsel

Monday Morning Regulatory Review – 4/24/17: Buy and Hire American; Rethinking Tax Regulations Review Exceptionalism & Executive Order Law

Posted in Executive - OMB Review, Regulatory Process

Executive Orders dominated last week in regulatory practice, with one policy redirection and a second that has potential for doctrinal change.  A limited executive and interagency review docket, Congressional recess ahead of a budget showdown, and judicial review being held in abeyance in most challenges to regulations leave little more to discuss, but a summation… Continue Reading

Monday Morning Regulatory Review – 1/30/17: High Policy, Politics & Limitations; Withdrawals; and Request for Information not a Proposed Rule

Posted in Judicial Review & Remedies, Regulatory Process

The first full week of the Trump Administration provided few surprises.  The White House continued to enunciate the high-level policy (or Policy) that its expects agencies to implement and the agencies have retreated to rereview rules that have not taken effect or were still pending review.  A least one hasty final rule met a temporary… Continue Reading

Monday Morning Regulatory Review – 12/8/14: Immigration Executive Action; H2B Wage Rates; Regulations & Non-Discretionary Duties; and Waters of the United States

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

The immigration “executive action” became much clearer with the Department of Homeland Security (DHS) rolling out a variety of memoranda implementing the President (POTUS)’s priorities, but there was no, and many not have ever been, an “Executive Order.”  Nonetheless, the first legal challenge has been filed and the state of affairs deserves review.  On another… Continue Reading

Judicial Review of An Orderly Shutdown of Government – Regulatory Process

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

The Government is closed – somewhat – and the regulatory process surely is winding down but will not entirely stop.  The funding lapse with closing the books on FY2013 and no appropriations in place for FY2014 set in motion an “orderly shutdown” yesterday.  What that means from a regulatory process perspective is as varied as… Continue Reading

Justice’s Long March: Updating Alcohol, Tobacco, Firearms, and Explosives Regulations

Posted in Regulatory Process

No regulation lasts forever – its viability is constantly challenged, and its environment constantly changes and is influenced by new statutes, judicial decisions, other regulations, and second looks.  The Department of Justice (DOJ) provides two good examples in Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations, but with issues.  The rules alter nonimmigrant alien… Continue Reading