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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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)...
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