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Monday Morning Regulatory Review – 3/3/14: FDA Food Labeling; DOJ Guidelines...
Odds and ends from the Federal Register last week The Department of Health and Human Services (HHS) Food and Drug Administration (FDA) proposed wholesale changes in food labeling, a White House...
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Monday Morning Regulatory Review II – 3/17/14: FLSA Overtime Standards; H-2B...
While Part I of today’s Monday Morning Regulatory Review (MMRR) focused on Obamacare and health care, this Part II focuses on a wider range of regulatory activity. President Obama instructed the...
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Monday Morning Regulatory Review – 3/31/14: Obamacare Extension; Waters of...
Anthology of the highlights of the last week in regulatory practice is somewhat focuses on some large issues that drew immediate attention, even if the substantive resolutions are many years away....
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D.C. Circuit Vacates Dodd-Frank Conflict Minerals Provision & SEC Rule as...
The United States Court of Appeals for the District of Columbia today, in National Association of Manufacturers v. SEC, affirmed a district court judgment that the Securities and Exchange Commission...
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Monday Morning Regulatory Review – 4/21/14: EPA Electricity Generating Units;...
Regulatory practice was illustrated by several specific actions in the past week, some of which have subtle implications. The United States Court of Appeals for the District of Columbia Circuit opined...
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D.C. Circuit Vacates EPA Affirmative Defense Regulation – Some Limits on...
The United States Court of Appeals for the District of Columbia Circuit decided last Friday in Natural Resources Defense Council v. Environmental Protection Agency (EPA) that (1) the emissions-related...
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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 – 5/26/14: Electric Power Sales; Orphan...
The Friday before the long Memorial Day weekend is either a desert of regulatory activity or – as last week – a cornucopia in need of distillation. Three highlights warrant note, though many rules...
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D.C. Circuit Vacates EPA Directive – Consistency and Non-Acquiescence:...
The United States Court of Appeals for the District of Columbia Circuit today vacated an Environmental Protection Agency (EPA) Clean Air Act (CAA) directive that implemented a decision of the United...
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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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SCOTUS to Review D.C. Circuit Constitutional Non-delegation Decision that...
The United States Supreme Court (SCOTUS) today granted certiorari in DOT v. Association of American Railroads (U.S. No. 13-1080) to review of a decision of the United States Court of Appeals for the...
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SCOTUS Holds Obama Made Unconstitutional NLRB Recess Appointments –...
The United States Supreme Court (SCOTUS), in NLRB v. Noel Canning, today affirmed the United States Court of Appeals for the District of Columbia decision that President Obama (POTUS)...
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Monday Morning Regulatory Review – 6/30/14: Hazardous Waste Fuel; Affirmative...
A very busy last week was dominated by the United States Supreme Court (SCOTUS) (near) end-of-term decisions, but some slightly less notable regulatory actions deserve attention. On Friday, the United...
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Monday Morning Regulatory Review – 7/7/14: Hobby Lobby Realities; Open...
The holiday-shortened week was highlighted by judicial and Administration reaction to the United States Supreme Court (SCOTUS) decision in Burwell v. Hobby Lobby that the Administration failed to...
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Monday Morning Regulatory Review – 7/21/14: IRS Tax Preparer Suits; Hobby...
Among its woes, the Internal Revenue Service (IRS) lost another regulatory case for exceeding its statutory authority last week, and was sued yet again. In other fallout, the Department of Health and...
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DC Circuit Orders Vacatur of IRS Obamacare Regulations Extending Tax...
The United States Court of Appeals for the District of Columbia Circuit today ordered vacated a critical Internal Revenue Service (IRS) regulation extending tax credits under Obamacare (Patient...
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Immediate Intercircuit Conflict: 4th Circuit Upholds IRS Obamacare...
On this, the same day as the D.C. Circuit decision in Halbig v. Burwell, the United States Court of Appeals for the Fourth Circuit took the opposite tack in King v. Burwell: finding that the provisions...
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Monday Morning Regulatory Review – 7/28/14: Contraception Regulations...
A number of volatile issues made ripples in regulatory practice last week that will not be found in the general media. The saga of the religious exemption from the contraceptives mandate in Obamacare...
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Monday Morning Regulatory Review – 8/11/14: EPA Power Plant Litigation; NLRB...
The dog days of summer mean that this column is filled with many odds and few ends. In new litigation, a dozen states sued the Environmental Protection Agency (EPA) claiming that the agency lacks...
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Monday Morning Regulatory Review – 9/15/14: SORNA Good Cause Conflict; H-2B...
Last week, the United States Court of Appeals for the Eighth Circuit joined the intercircuit conflict over the Administrative Procedure Act (APA) validity of the Attorney General’s regulations applying...
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