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Monday Morning Regulatory Review — 3/14/16: Administration’s Unpublished...
The Administration may have finally dispatched litigation over one of its more troubling proxy choices last week, while agencies responded to one recent potential and one ancient complete vacatur. On a...
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Monday Morning Regulatory Review – 3/21/16: SCOTUS Weighing Regulatory...
This week the United States Supreme Court (SCOTUS) will take up the latest edition of a significant statutory and regulatory conflict and SCOTUS may soon return to another substantial Administrative...
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Monday Morning Regulatory Review – 3/28/16: SCOTUS on WOTUS Jurisdiction &...
This week, the United States Supreme Court (SCOTUS) will hear argument over a thorny issue of finality when the determination imposes a draconian choice. The Department of Labor (DOL) took center...
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Monday Morning Regulatory Review – 4/11/16: Corporate Inversions Ruled Out;...
The Administration fully engaged in institutionalizing its policies through promulgated rules with the Employee Benefits Security Administration (EBSA), the Internal Revenue Service (IRS), and the Food...
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Monday Morning Regulatory Review – 4/18/16: Immigration Injury Costs &...
Springtime means the United States Supreme Court (SCOTUS) will be busy and they are not alone. SCOTUS will hear argument in immigration policy and Fair Labor Standards Act (FLSA) regulatory cases this...
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Monday Morning Regulatory Review – 4/25/16: Medicare Reimbursements; Medical...
This week’s highlights in regulatory practice seem to focus on periodic regulations from the Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS). CMS last...
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Monday Morning Regulatory Review – 5/2/16: Amtrak’s Regulatory Derailment;...
Highlights in regulatory practice last week included an arcane railroad timetable management train wreck may have complicated the authority of a number of different government-related organizations....
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Monday Morning Regulatory Review – 5/9/16: Consumer Class Non-Arbitration;...
Four highlights from last week’s regulatory practice include unsurprisingly swings in money issues and engagement in one of the most emotional topics for any regulatory. The Consumer Financial...
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Monday Morning Regulatory Review – 5/16/16: Deeming Rule & Litigation; Safety...
Highlights with no surprises in regulatory practice last week focused on the rush to complete regulatory actions. The Administration issued the controversial tobacco “deeming rule” and a vaping...
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SCOTUS Warns Concrete Injury Needed to Enforce Statutory Rights
The United States Supreme Court (SCOTUS) today returned the critical case of Spokeo, Inc. v. Robins to the United States Court of Appeals for the Ninth Circuit to decide whether plaintiff Robins had...
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SCOTUS Remands Contraceptives Regulation Cases to Uncertain Future
The United States Supreme Court (SCOTUS) on Monday remanded to the lower courts its docket of cases raising the question of whether the Department of Health and Human Services (HHS) sufficiently...
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SCOTUS Affirms “Waters of the United States” Jurisdictional Determination is...
The United States Supreme Court (SCOTUS) today unanimously (with concurrences) held that in United States Army Corps of Engineers v. Hawkes Co., Inc. that the Armey Corps of Engineers’ decision to...
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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...
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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...
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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...
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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...
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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...
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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....
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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...
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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...
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