Administrative Procedure Act (APA) litigation details dominate this week’s review. The United States Court of Appeals for the District of Columbia Circuit upheld an airline-advertising rule, remanded part of a health care exclusion decision, and declined to stay a political advertisement disclosure rule. New to the docket is a petition challenging a biofuels rule because… Continue Reading
Monthly Archives: July 2012
House Passes “Regulatory Freeze for Jobs Act”; POTUS Senior Advisors Recommend Veto
Posted in LegislationThe House of Representatives today passed H.R. 4078 [engrossed], the Regulatory Freeze for Jobs Act of 2012, a bill to prohibit promulgation of significant regulatory action until the Secretary of Labor reports that the average of monthly unemployment rates for any quarter after enactment is 6% or less. The President’s senior advisors would recommend a… Continue Reading
Administration’s Failing Grades: Education’s “For Profit” Debt Measure Rule Vacated
Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory ProcessThe United States District Court for the District of Columbia vacated more Department of Education (DOE) “for-profit college” student loan funding rules on June 30. In this edition, the court accepted DOE’s interpretation of a statutory “gainful employment” requirement, but rejected DOE’s debt measure proxy and subsidiary reporting and approval rules. Association of Private Sector… Continue Reading
Monday Morning Regulatory Review – 7/23/12
Posted in Executive - OMB Review, Judicial Process, Judicial Review & RemediesThe 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
ACA Contraceptive Rule Not Ripe for Review – Yet, Maybe Never?
Posted in Judicial Process, Judicial Review & RemediesThe United States District Court for the District of Columbia has dismissed one of a number of challenges to the Department of Health and Human Services (HHS)’s Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act interim final rule. The court concluded that… Continue Reading
An Invitation from OIRA Administrator: What Rules Should be Changed?
Posted in Regulatory ProcessThe Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA) Administrator Cass Sunstein today issued an open invitation to tell him: How can we continue to streamline, simplify, and improve rules and regulations? Which rules should be eliminated, streamlined, or made more effective? How can we reduce reporting and paperwork burdens?… Continue Reading
Monday Morning Regulatory Review – 7/16/12
Posted in Regulatory Flexibility & Small Business, Regulatory ProcessSecurities Audit Trail: The Securities and Exchange Commission (SEC) approved a final rule under the Securities Exchange Act of 1934 to require national securities exchanges and associations to submit a national market system plan to create, implement, and maintain a consolidated audit trail for securities to capture customer and order event information across all markets,… Continue Reading
Monday Morning Regulatory Review – 7/2/12
Posted in Judicial Review & Remedies, Regulatory ProcessRegulations: EPA. As previously reported, The Environmental Protection Agency (EPA) published its National Ambient Air Quality Standards for Particulate Matter on June 29, 2012. In other EPA matters, several colleagues have inquired about EPA’s National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, reconsiderations and proposed… Continue Reading