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SCOTUS to Decide on Deference to Agency Jurisdiction Interpretations
The United States Supreme Court agreed to review the United States Court of Appeals for the Fifth Circuit decision in City of Arlington, Texas v. FCC, limited to the question of whether courts should...
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Monday Morning Regulatory Review – 3/11/13
Forgive the absence – surprisingly little to report over the past two weeks. The Office of Management and Budget maintained a relatively stable docket with no truly significant rules being submitted...
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APA Circuit Split – Notice and Comment Good Cause Bypass in SORNA...
The United States Court of Appeals for the Third Circuit, on remand from the United States Supreme Court (SCOTUS) in United States v. Reynolds, summarized and joined the complex circuit split on three...
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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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SCOTUS Reverses 9th Circuit on Logging Road Culverts – New Rule Irrelevant
The Supreme Court of the United States (SCOTUS) today vacated the United States Court of Appeals for the Ninth Circuit decision in Decker v. Northwest Environmental Defense Center, holding that the...
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Monday Morning Regulatory Review – 4/15/13
A confluence of external factors may have suppressed regulatory activity over the past week – the budget, sequestration, gun control, immigration, tax filing deadline, or what have you. In any event,...
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Monday Morning Regulatory Review – 4/22/13
The Office of Management and Budget (OMB) rapidly completed review on a small step in response to President Obama (POTUS)’s agenda on gun violence with an advance notice of proposed rulemaking. The...
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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 – 5/13/13
This week a sprinkling of interesting events flavors administrative law. Recess appointments litigation may get closer to sweetening the United States Supreme Court (SCOTUS) calendar. A court...
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Monday Morning Regulatory Review – 5/20/13
This week’s review is all about litigation updates: A new decision from the United States Court of Appeals for the Third Circuit struck down President Obama (POTUS)’s recess appointments to the...
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SCOTUS Permits Chevron Deference to Agency’s View of Jurisdiction: A New Void...
The Supreme Court of the United States (SCOTUS) today decided (5+1–3), in City of Arlington v. FCC, that courts do owe agencies deference in interpreting the statutory scope of agency jurisdiction....
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Monday Morning Regulatory Review – 5/27/13
This week, a little more movement toward the Supreme Court resolving the constitutionality of intrasession recess appointments – and the impact on a number of regulations approved by such recess...
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NLRB Has No Authority for Posting Rule: 4th Circuit Joins D.C. Circuit, with...
The United States Court of Appeals for the Fourth Circuit affirmed a district court judgment that the National Labor Relations Board (NLRB) had no statutory authority to promulgate its Notification of...
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Final HHS Preventive Contraceptives Rule and a New Circuit Decision: A...
Two recent events relating to the Department of Health and Human Services (HHS) and sister agencies’ requirement that employers provide preventive contraceptive services to women through insurance and...
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SCOTUS Review: Administrative Law Cases in the 2012 Term
The United States Supreme Court (SCOTUS) decides a few significant administrative law cases each Term and the Term just concluded was no exception. Although “administrative law” decisions do not draw...
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Monday Morning Regulatory Review – 7/8/13
The Administration announcement that the employer sanctions provision of the Patient Protection and Affordable Care Act (PPACA) would not be implemented for another year, until 2015, stirred debate on...
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Monday Morning Regulatory Review – 7/22/13
Two recent cases of interest deserve at least a summary review – the vacation of an Environmental Protection Agency (EPA) rule that deferred regulation and permitting of some carbon dioxide emissions...
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Monday Morning Regulatory Review – 7/29/13
Several key regulatory events in the past week include decisions from the courts on rules on greenhouse gases, air quality standards for ozone, and conflict minerals. Two court of appeals split on...
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Pre-Enforcement Judicial Review of Regulations: Dates, Eggs, Bells, and Other...
An agency final rule normally takes effect 30 days after publication in the Federal Register. If that rule has serious substantive or procedural flaws, and substantial detriment to a client, counsel...
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Monday Morning Regulatory Review – 8/26/13: Recess Appointments; Food Safety;...
Summer recess is the time for judicial details and major regulatory actions. This week, two more very different opinions arise in the National Labor Relations Board (NLRB) recess appointments scrum,...
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