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Monday Morning Regulatory Review – 10/1/12
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...
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Monday Morning Regulatory Review – 11/19/12
Activity at the Office of Management and Budget (OMB) has begun to pick up after the election – the Patient Protection and Affordable Care Act (ACA) regulations lead the way. On the other hand,...
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Monday Morning Regulatory Review – 11/26/12
The week of Thanksgiving is traditionally a quiet one – dedicated rightly to giving thanks for what we have with a touch of jostling for more as Black Friday has blended backward into Thanksgiving Day....
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Monday Morning Regulatory Review – 12/3/12
Rule submission to and completions by the Office of Management and Budget (OMB) began to pick up speed last week. Most significant, OMB quickly completed review of a legally significant Environmental...
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OMB Releases Fall 2012 Unified Agenda & Regulatory Plan: Meaning what?
The Obama Administration released a Unified Agenda and Regulatory Plan overnight December 22, 2012, after being missing in action for months and finally skipping the Spring 2012 version altogether, not...
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Monday Morning Regulatory Review – 3/18/13
The regulatory process thawed last week in the Executive and Judicial Branches. Among the highlights, the simmering Recess Appointments Clause issue facing the National Labor Relations Board (NLRB)...
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Monday Morning Regulatory Review – 3/25/13
The interplay of regulations and litigation came to the fore in a very busy last week, not just in the United States Supreme Court (SCOTUS)’s recent Decker logging road culverts pollution permit...
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Monday Morning Regulatory Review – 4/29/13
Busy and long today: The Department of Health and Human Services (HHS) submitted to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), a hospital...
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Monday Morning Regulatory Review – 1/13/14: Electric Generating Emissions;...
The beginning of a new year raises several process questions for regulatory practitioners. The Environmental Protection Agency (EPA) published a new proposed rule to limit emissions from new electric...
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Monday Morning Regulatory Review – 5/5/14: SCOTUS on EPA Cross State /...
Travail between the agencies and the courts present three of last week’s major events in federal regulations while an agency’s view of its authority to change fees by a final rule presents a fourth...
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Monday Morning Regulatory Review – 6/23/14: Air Passenger Fees; Electric...
A short review of significant odds and ends from last week will be overshadowed by major decisions this week. Among the significant odds and ends, the Department of Homeland Security (DHS)...
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Monday Morning Regulatory Review – 8/25/14: Poultry Inspection; HAZMAT...
The Administration’s release last Friday of new Obamacare contraceptive mandate rules in light of recent adverse United States Supreme Court (SCOTUS) decisions overshadowed other agency actions last...
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Monday Morning Regulatory Review – 9/22/14: CFTC Extraterritorial...
Summer is clearly over and the regulatory machinery is back up to full speed. The United States District Court for the District of Columbia remanded without vacatur more than half a dozen Commodities...
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Monday Morning Regulatory Review – 10/26/15: Clean Power Plan Published, EPA...
The Environmental Protection Agency (EPA) took center stage last week with the publication of the Clean Power Plan and the immediate litigation, but also with today’s publication of new ozone...
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Monday Morning Regulatory Review – 11/23/15: Immigration Executive Action...
The Administration, unsurprisingly but nonetheless most significantly, petitioned the United States Supreme Court (SCOTUS) to review the continuing preliminary injunction against part of the Department...
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Monday Morning Regulatory Review – 11/30/15: Immigration Executive Action...
Thanksgiving week is traditionally a slow government period, but a few timing tidbits deserve a nod. Immigration executive action remains a hot topic, even if only timing of when a decision on whether...
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Monday Morning Regulatory Review – 12/21/15: Drone Registration; Remand...
A holiday drone gift contains a new requirement today – registration with the Federal Aviation Administration (FAA). On old issues, the United States Court of Appeals for the District of Columbia...
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Monday Morning Regulatory Review – 1/4/16: Regulatory Priorities in an...
The end of 2015 warranted a review of Congressional regulatory interventions and limitations, and the beginning of 2016 warrants a review of expectations for the coming (Presidential election) year –...
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Monday Morning Regulatory Review – 2/22/16: Drone Litigation; COOL Removal &...
A holiday-shortened week in regulatory practice found new challenges to drone regulations highlighting some of the peculiarities of regulations attempting to catch up with reality. The demise of...
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Monday Morning Regulatory Review – 3/7/16: Clean Water Rule Complicated; MATS...
Legal minutiae often drives the greatest of issues and last week proves that point with a petition for rehearing en banc over jurisdiction and the denial of a stay. Logistically, compliance with...
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