Another seemingly quiet week was punctuated by incursions on the twilight zone between regulations and guidance. The Department of the Treasury’s Internal Revenue Service (IRS) delayed and refined the Obamacare employer mandate by a final rule. On the other hand, the Treasury’s Financial Crimes Enforcement Network (FINCEN) and the Department of Justice (DOJ) attempted to… Continue Reading
Tag Archives: Department of the Treasury
D.C. Circuit Affirms Permanent Injunction of IRS Tax Preparer Rule – No Authority & a Century of Silence
Posted in Agency Authority, Judicial Review & RemediesThe United States Court of Appeals for the District of Columbia today schooled the Internal Revenue Service (IRS) and the Department of the Treasury (DOTr or Treasury) on statutory construction and the limits of delegated regulatory authority in Loving v. IRS, affirming the district court decision by the same name. The court found that the… Continue Reading
Monday Morning Regulatory Review – 2/3/14: Volcker & Trust Preferred Securities; SOTU Contractor Minimum Wage; Battery Charger Efficiency; Safe Food Transport; and CDL Drug & Alcohol Clearinghouse
Posted in Agency Authority, Regulatory ProcessThis week in federal regulatory practice was highlighted by agency action rather than litigation, particularly the long-anticipated and delayed publication of the Volcker Rule and its first amendment, formally starting the clock for implementation and litigation. The most significant action in the Administration’s long-term goals was President (POTUS)’s announcement that he would require federal contractors… Continue Reading
Monday Morning Regulatory Review – 12/16/13: Obamacare Deadlines; Labor Elections Rule; Swaps Litigation; Vacating Empty Rules; & the Volcker Rule
Posted in Agency Authority, Judicial Process, Judicial Review & Remedies, Regulatory ProcessRegulatory highlights from the past week include the Administration pushing back the deadline for applying for Obamacare and then begging insurance companies for even more time and leniency. Two independent agencies – the Commodities Futures Trading Commission (CFTC) and the National Labor Relations Board (NLRB) threw in the towel on litigation and proposed new rules… Continue Reading
Monday Morning Regulatory Review – 11/18/13
Posted in Agency Authority, Regulatory ProcessAfter a deluge in last week’s multi-part Monday Morning Regulatory Review, this week is composed of odds and ends mostly bound together by the issue of funds transfers. The Congressional Budget Office (CBO) released a menu of cost cutting and revenue enhancing measures that included the ever-devilish idea of increasing (and collecting) more fees from… Continue Reading
Monday Morning Regulatory Review – 7/8/13
Posted in Constitutional Issues in Regulations, Regulatory ProcessThe 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 the legality of that delay. On the other hand, the United States Supreme Court (SCOTUS) decision that the Defense of Marriage Act (DOMA) was unconstitutional stirred… Continue Reading
Final HHS Preventive Contraceptives Rule and a New Circuit Decision: A Clearer Path for Judicial Review
Posted in Constitutional Issues in Regulations, Judicial Process, Judicial Review & RemediesTwo 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 without co-pay bring several legal issues closer to resolution: HHS published its much anticipated – by courts and litigants – final rule, and the United States Court… Continue Reading
Monday Morning Regulatory Review – 1/21/13
Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory ProcessThis past week saw the January thaw from the holidays in regulatory movement. The Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) completed review on a number of substantial (if not economically significant) regulations, from arms exports to domestic gun control, and health care privacy. The Consumer Finance Protection Bureau… Continue Reading
Monday Morning Regulatory Review – 10/22/12
Posted in Constitutional Issues in Regulations, Judicial Review & Remedies, Regulatory ProcessThe 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
Monday Morning Regulatory Review – 9/3/12
Posted in Executive - OMB Review, Regulatory ProcessA rush to complete regulations may or may not be on, but the publication queue this week results in a long post and raises questions about whether a push is really under the radar. The Department of Health and Human Services (HHS) continues to dominate the field with Medicare, Medicaid, HITECH, and unique plan identifier… Continue Reading
Religious Institutions and Contraceptives – Judicial Review Ahead
Posted in Judicial Review & Remedies, Regulatory ProcessHHS released its final rule – adopting “without change” the August 2011 interim rule requiring insurers to provide contraceptive services to women without charge on Friday, February 10. The final rule will publish in the Federal Register on February 15, 2012 – starting the clock for judicial review. After three torturous weeks of controversy since… Continue Reading