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Tuesday Morning Regulatory Review – 5/26/15: Tailoring Snakes; COOL Trade;...
Welcome back from the Memorial Day holiday with a slightly delayed review of last week’s highlights in regulatory practice. As expected, the United States District Court for the District of Columbia...
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5th Circuit Continues Temporary Bar of Immigration Executive Action
The United States Court of Appeals for the Fifth Circuit, in an extensive but divided panel opinion, today denied the Obama Administration’s request to stay a preliminary injunction of its immigration...
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Monday Morning Regulatory Review – 6/1/15: Final Waters of the United States;...
This week’s review focuses on two significant environmental regulations by the Environmental Protection Agency (EPA): preliminary release of a final definition of “waters of the United States” and...
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Monday Morning Regulatory Review – 6/8/15: A Good Week for EPA; NLRB Case...
This week, litigation updates: The United States Court of Appeals for the District of Columbia Circuit last week cleared out a myriad of challenges to Environmental Protection Agency (EPA) regulations...
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Monday Morning Regulatory Review – 6/15/15: Final Rules, not Proposed; Open...
Federal courts reminded by agencies and litigators of lessons they should have previously learned last week, while agencies banked more fuel for future regulatory fires. The United States Court of...
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Monday Morning Regulatory Review – 6/22/15: Truck Emissions Standards &...
While we await the major decisions of the year by the United States Supreme Court (SCOTUS), the regulatory process was relatively quiet last week. The most significant activity focused on proposed...
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SCOTUS Upholds Obamacare Subsidies at Chevron “0” – Cautions to Congress and...
The United States Supreme Court (SCOTUS) today decided, in King v. Burwell, that the Patient Protection and Affordable Care Act (Obamacare or PPACA) permitted health care insurance premium tax...
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Monday Morning Regulatory Review – 06/29/15: Fracking Rule Stayed; Gainful...
Aside from the United States Supreme Court (SCOTUS)’s end of Term fireworks (covered previously and later today), a few highlights in regulatory practice from the last week included a stay of the...
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Monday Morning Regulatory Review – 7/20/15: More WOTUS Litigation;...
As Washington swelters, the regulatory docket remains relatively cool. Among last week’s highlights, litigants further challenged the regulatory jurisdictional definition of “Waters of the United...
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Monday Morning Regulatory Review – 8/24/15: Conflict Minerals Demise; Home...
Three completely different and unrelated regulatory events in the past week deserve attention. A confluence of coincidences last Tuesday illustrated the First Amendment to the United States...
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Monday Morning Regulatory Review – 8/31/15: WOTUS Dammed, but How Much?
One highlight from the last week in regulatory practice overshadowed all else: confusion over fundamental administrative law and judicial review issues far beyond the confines of environmental law...
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Monday Morning Regulatory Review – 9/7/15: Inter-agency Sub-delegation; WOTUS...
Regulatory highlights from the last week could fill pages, but only three receive attention here. First, another court of appeals weighed in against one agency subdelegating authority to another...
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Monday Morning Regulatory Review – 10/05/15: Fracking Rule Enjoined, Rule...
Environmental versions of administrative law issues dominate this week’s review of regulatory practice. In different district courts, a hydraulic fracturing rule was preliminarily enjoined pending...
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Monday Morning Regulatory Review – 10/26/15: Clean Power Plan Published, EPA...
The Environmental Protection Agency (EPA) took center stage last week with the publication of the Clean Power Plan and the immediate litigation, but also with today’s publication of new ozone...
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Monday Morning Regulatory Review – 12/7/15: Drone Registration Prospects: APA...
The regulation of drones took a step forward last week, but that step may be very tentative. The interrelationship between general petitions for rulemaking and specific requirements of programmatic...
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Monday Morning Regulatory Review – 12/28/15: A Regulatory Appropriation
This last column of the year takes a different approach to regulatory practice – a survey of some of the realities of Congressional “review” in the omnibus Consolidated Appropriations Act, 2016...
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Monday Morning Regulatory Review – 1/4/16: Regulatory Priorities in an...
The end of 2015 warranted a review of Congressional regulatory interventions and limitations, and the beginning of 2016 warrants a review of expectations for the coming (Presidential election) year –...
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Monday Morning Regulatory Review – 1/11/16: Firearms Executive Action; IRS...
The President of the United States (POTUS) dominated regulatory affairs last week by announcing firearms executive actions and the devil, as always, is in the details. Two other actions at least...
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Monday Morning Regulatory Review – 1/18/16: SCOTUS Returns; Law Practice &...
The United States Supreme Court (SCOTUS) returned last week to open several new lines of inquiry that impact regulatory practice, but has not yet decided whether the hear the case of the year. At the...
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Monday Morning Regulatory Review – 1/25/16: SCOTUS Takes on Immigration...
Washington shut down for the weekend, but the administrative process never sleeps. Prime from last week, the United States Supreme Court (SCOTUS) decided to hear a mishmash of immigration executive...
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