Clik here to view.
Monday Morning Regulatory Review – 5/22/17: De-Regulating Model Aircraft
The United States Court of Appeals for the District of Columbia Circuit, last Friday in Taylor v. Huerta, partially vacated the Department of Transportation (DOT) Federal Aviation Administration (FAA)...
View ArticleClik here to view.
Monday Morning Regulatory Review – 5/8/17: Appropriations Impact on...
Regulatory practice last week presented a number of different Congressional interventions – from the complexity of a Consolidated Appropriation for the remainder of the fiscal year, to disapproval of a...
View ArticleClik here to view.
Monday Morning Regulatory Review – 2/20/17: Delay Challenge; Withdrawal...
Two cases that challenge the effect of a new Administration’s moratorium on rules pending review by new appointees deserve some attention this week – one challenges a delay of effective date while the...
View ArticleClik here to view.
Tuesday Morning Regulatory Review – 1/3/17: Statutes of Limitation &...
Welcome back for the fifth anniversary post of the Federal Regulations Advisor (No. 393) and a new year of poking the Federal regulatory bear (and sometimes praising it). Among highlights from...
View ArticleClik here to view.
Monday Morning Regulatory Review – 12/19/16: Continuing Reporting...
With the 30-day deadline for making rules effecting during the current Administration fast approaching (Wednesday), agencies took a number of actions that raise concerns – or at least perceived...
View ArticleClik here to view.
Monday Morning Regulatory Review – 12/12/16: Administration’s Litigation...
The twilight of an Administration brings out some haste to institutionalize policy through regulations and also complex litigating postures driven by policy and institutional concerns, reflected last...
View ArticleClik here to view.
Monday Morning Regulatory Review – 11/28/16: Overtime Increase Rule Enjoined;...
A short work week did not mean a lack of regulatory substance, something else to be thankful for. In two significant decisions declaring final rules to be turkeys, a district court preliminarily...
View ArticleClik here to view.
Monday Morning Regulatory Review – 11/21/16: Persuader Rule Set Aside;...
Several regulatory highlights from the last week illustrate the more forthright and subtle aspects of the transition from one Administration to the next. A judgment in one district court probably...
View ArticleClik here to view.
Presidential Regulatory Transition: A Post-Election Monday Morning Review –...
Understanding the regulatory significance of the 2016 Presidential election focuses on both the authority of the current President of the United States (POTUS) and the President-elect of the United...
View ArticleClik here to view.
Monday Morning Regulatory Review – 11/7/16: SCOTUS Grants New Regulatory...
The United States Supreme Court (SCOTUS) added another administrative law case to its argument docket on Friday, granting certiorari in Coventry Health Care of Missouri v. Nevils (SCOTUSblog case...
View ArticleClik here to view.
Monday Morning Regulatory Review – 10/31/16: Sex, Identity, Statute,...
Four highlights in regulatory practice from the past week present diverse but overlapping issues. The United States Supreme Court (SCOTUS) granted review in a case that may or may not have significant...
View ArticleClik here to view.
Monday Morning Regulatory Review – 10/24/16: Nondiscretionary Employment...
In two very different cases, one district court found that an agency has a nondiscretionary duty to conduct detailed analysis under a statute in taking many different actions, while another district...
View ArticleClik here to view.
Monday Morning Regulatory Review – 8/29/16: School Gender Identity Guidance...
Summer’s end (not Childhood’s End) brings the opening of schools across the country without the looming Administration guidance on gender identity. More complex is the new overhang of Medicare...
View ArticleClik here to view.
Monday Morning Regulatory Review – 8/8/16: Political Free Speech; Tax...
Three highlights from the past week in regulatory practice: One court of appeals found that an agency regulation likely violated a plaintiffs’ rights to free speech as applied and remanded for the...
View ArticleClik here to view.
Monday Morning Regulatory Review – 7/11/16: A Regulatory Litigation Snapshot
The shortened holiday week generated few regulatory events and no real highlights, creating an opportunity to survey the major regulatory litigation as this Administration enters its final six months....
View ArticleClik here to view.
Monday Morning Regulatory Review – 7/4/16: Agency Exceeds Authority in...
Independence Day – a day to celebrate the right to choose between praising or criticizing the administrative state – or both. Several courts took exception from Administration regulatory actions in...
View ArticleClik here to view.
Monday Morning Regulatory Review – 6/27/16: Drone Regulations Finally Fly;...
With the United States Supreme Court (SCOTUS) term likely ending today and with no additional regulatory decisions expected, the eagerly awaited drone regulations leads this week’s interest in...
View ArticleClik here to view.
SCOTUS: Agency Must Explain Changed Position or Lose Chevron Deference
In a decision turning on black-letter law, the United States Supreme Court (SCOTUS) reiterated Administrative Procedure Act (APA) precedent that an agency must explain its change in position and...
View ArticleClik here to view.
Monday Morning Regulatory Review – 6/20/16: Net Neutrality Upheld; Student...
A court decision upholding the controversial net neutrality rule dominated regulatory practice last week but only for a dearth of other news. Two proposed rules deserve attention: another proposal to...
View ArticleClik here to view.
Monday Morning Regulatory Review – 6/6/16: Warning Letter Finality; Untrusted...
The United States Supreme Court (SCOTUS) decision in United States Army Corps of Engineers v. Hawkes Co. last Monday reverberated on Friday in United States Court of Appeals for the District of...
View Article
