Monday Morning Regulatory Review – 4/9/12
Last week was exceptionally quiet, quieter than expected. OMB’s docket remained almost static, with a few additional rules being held for extended review. Two interesting cases were decided in D.C. –...
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Last Week: Inadequate economic analysis at the Securities and Exchange Commission (SEC) and delay in rulemaking by the Occupational Safety and Health Administration (OSHA) were the focus of...
View ArticleLabor Enjoined from Regulating Temporary Worker Visas: No Statutory Delegated...
The United States District Court for the Northern District of Florida has preliminarily enjoined the Department of Labor (DOL) from enforcing its Temporary Non-Agricultural Employment of H–2B Aliens in...
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Monday Morning Regulatory Review – 7/30/12
Administrative Procedure Act (APA) litigation details dominate this week’s review. The United States Court of Appeals for the District of Columbia Circuit upheld an airline-advertising rule, remanded...
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Delicate Technicalities of Judicial Review of Final Agency Action
Several weeks ago, this blog alluded to a court of appeals criticism of its district court that focused on the nature of the remedy in judicial review of final agency action under the Administrative...
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Deepwater Horizon – Agency Actions, Injunctions, and (Not) Contempt
On April 20, 2010, the Deepwater Horizon exploded and sent a gusher of oil into the Gulf of Mexico. Deepwater Horizon also sent a gusher of litigation into the federal courts: the recent decision in...
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More Alien Worker Wage Rules Vacated under APA: What H-2B Rules Apply?
While much attention in the immigration arena has focused on a new employment verification document, the potentially rapid filling of the professional employees (H-1B) temporary visa quota, and the...
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11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules
Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL)...
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Monday Morning Regulatory Review – 6/10/13
Unrelated events of the past week in regulatory practice include the publication of Environmental Protection Agency (EPA)’s proposed new limitations on power plant water effluents – the result of...
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Pre-Enforcement Judicial Review of Regulations: Dates, Eggs, Bells, and Other...
An agency final rule normally takes effect 30 days after publication in the Federal Register. If that rule has serious substantive or procedural flaws, and substantial detriment to a client, counsel...
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Monday Morning Regulatory Review – 9/16/13
Three significant points of interest this week from three totally different yet all preliminary perspectives: the Department of Agriculture (DOA)’s Country of Origin Labeling (COOL) regulations...
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Monday Morning Regulatory Review – 10/7/13
The funding lapse of the United States Government – or parts of it – has all but shut down the regulatory process. As noted previously, the Anti-Deficiency Act bars action in violation of...
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Monday Morning Regulatory Review – 10/21/13
United States Government agencies lurched back into business and began to resolve the problems created by their absence, to the extent they can – and litigation has already commenced over the legality...
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Monday Morning Regulatory Review – 10/28/13
The Engine of Government fully engaged last week, paperwork to follow. The Administration “announced” an interpretation of the Patient Protection and Affordable Care Act (PPACA, aka ObamaCare) that...
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Monday Morning Regulatory Review – 11/11/13 – Part II: Litigation
In litigation, the Obamacare contraceptives intercircuit conflict deepened as the United States Court of Appeals for the Seventh Circuit remanded two cases for entry of preliminary injunctions against...
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Monday Morning Regulatory Review – 12/23/13: Obamacare Guidance, not Rules, &...
As the end of year holidays and the health insurance deadline nears, the patchwork of Obamacare fixes and court decisions creating exceptions grows geometrically, making Obamacare less and less...
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Monday Morning Regulatory Review – 12/30/13: Obamacare Fractal Geography;...
The final week of 2013 does not go gently into that good night, with four unrelated but significant issues. Obamacare further disintegrated as a nationwide legal program with further administrative...
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Monday Morning Regulatory Review – 1/6/14: Obamacare @ SCOTUS; Mortgage...
The end of 2013 was hardly quiet, with five notable events worth highlighting. While this blog has foresworn further coverage of the crenelated litigation in the United States District Courts over the...
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Monday Morning Regulatory Review – 2/24/14: Preliminary Injunctions &...
The Administration pushed a number of new positions in the past week, but three more discrete actions at the intersection of regulatory process and judicial review of final rules deserve attention....
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Monday Morning Regulatory Review II – 3/17/14: FLSA Overtime Standards; H-2B...
While Part I of today’s Monday Morning Regulatory Review (MMRR) focused on Obamacare and health care, this Part II focuses on a wider range of regulatory activity. President Obama instructed the...
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