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“Guidance” seems to have been the word for last week and that requires many words to explain. Agencies rescinded prior Administration guidance that is currently being reviewed by the United States Supreme Court (SCOTUS), a district court questioned whether the current Administration would adhere to a prior guidance document, an agency revisited enforcement guidance while avoiding prior judicially enjoined benefits guidance, and a court rejected a guidance document as sufficient notice and an opportunity for public comment under the Administrative Procedure Act (APA) (and an interim rule for insufficient good cause to avoid advance notice and comment). View Full Post
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