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Monday Morning Regulatory Review: Conflict Minerals Demise; Home Health Care...
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: 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: 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: Human Research; Food Safety Rules;...
New food safety rules and a proposed common rule on protection of human subjects in research deserve attention in the regulatory process. An unsurprising denial of an extraordinary writ and an...
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Monday Morning Regulatory Review: Contraceptive Percolation; FLSA Home Care...
The Obamacare (Patient Protection and Affordable Care Act or PPACA) percolated back to the forefront of regulatory practice last week with a new conceptual intercircuit conflict. A notice relating to...
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Monday Morning Regulatory Review: Two Midnight Rule Remand; Final Rules...
Judicial vacaturs and remands, and agency responses to them, dominated the past week in regulatory practice. In a new case, a court found that the balancing of equities warranted only a remand for...
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Monday Morning Regulatory Review: Fracking Rule Enjoined, Rule Withdrawal...
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: WOTUS Stayed Nationwide & Vacatur Remedies...
Regulatory practice events of the past week focused on judicial review and agency response. On one hand, the Administration lost a major skirmish in the tangled litigation over the regulatory...
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Monday Morning Regulatory Review: WOTUS Unconsolidated; Orphan Drug...
Some regulatory litigation settled slightly last week as the multitude of district court cases challenging the Waters of the United States (WOTUS) rule will remain where they were filed. Administrative...
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Monday Morning Regulatory Review: Clean Power Plan Published, EPA Sued; And...
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: Obamacare Contraceptive Non-Profit Sequel;...
The United States Supreme Court (SCOTUS) granted certiorari in seven Obamacare contraceptive coverage cases signaling the return of an agency regulatory compliance issue, not a constitutional or...
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5th Circuit Affirms Immigration Executive Action Preliminary Injunction
The United States Court of Appeals for the Fifth Circuit on Monday upheld a district court’s preliminary injunction of implementation of a key aspect of the Administration’s immigration executive...
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Monday Morning Regulatory Review: Food Safety Rules Up; Energy Efficiency...
The most significant agency action in regulatory practice last week may have been the release of three long-delayed Food Safety Modernization Act (FSMA) final rules. Courts took a number of small steps...
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Monday Morning Regulatory Review: Immigration Executive Action Petition;...
The Administration, unsurprisingly but nonetheless most significantly, petitioned the United States Supreme Court (SCOTUS) to review the continuing preliminary injunction against part of the Department...
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Monday Morning Regulatory Review: Immigration Executive Action Review;...
Thanksgiving week is traditionally a slow government period, but a few timing tidbits deserve a nod. Immigration executive action remains a hot topic, even if only timing of when a decision on whether...
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Monday Morning Regulatory Review: Drone Registration Prospects: APA Petitions...
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: Water, Jurisdiction, Finality; Mineral...
The United States Supreme Court (SCOTUS) returned to one of the thorniest of briar patches of statutory imprecision and jurisdictional delegation, the Clean Water Act (CWA). Another regulatory issue...
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Monday Morning Regulatory Review: Drone Registration; Remand Without Vacatur...
A holiday drone gift contains a new requirement today – registration with the Federal Aviation Administration (FAA). On old issues, the United States Court of Appeals for the District of Columbia...
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Monday Morning Regulatory Review: 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: 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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