Administrative Agency Elections & Politics

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ML Strategies Energy and Environment Update: August 2014 #2

ENERGY AND CLIMATE DEBATE - With Congress preparing to return to Washington, efforts are underway to fill the two-week session with negotiations on a continuing resolution and votes on several pre-election issue...more

California Coastal Commission Further Solidifies Enforcement Powers

An informal Attorney General advice letter and recent legislation attempt to clarify the Coastal Commission’s powers in carrying out its enforcement authority. The extent of the California Coastal Commission’s legal...more

Health Care Update - August 2014 #3

In This Issue: - Stakeholders Urge FDA to Provide Clarity on Biosimilars - Ebola Crisis Continues - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other...more

The NLRB Does It Again!

The National Labor Relations Board (NLRB) recently ratified all the decisions made by the NLRB, including those made in administrative and personnel matters, during the period of time when it did not have a proper quorum....more

NLRB Continues Its Busy Summer with Important New Decisions on Weingarten Rights, Noel Canning Issues

The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an...more

NLRB Ratifies Administrative Actions Taken during Invalid Recess Appointment Period

On the heels of the U.S. Supreme Court’s June ruling in N.L.R.B. v. Noel Canning, et al., which invalidated President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB), the NLRB recently ratified a...more

Updates: Federal Government's Efforts to Review and Devise Hydraulic Fracturing Regulations

(1) GAO Report: EPA Can Do More To Protect Groundwater from Pollutants Associated with Fracking - On Monday, July 28, the U.S. Government Accountability Office (GAO) released a report stating that EPA can do more to...more

Missouri DOR Burden of Proof and Notice Requirements Remain Uncertain After Veto

The Missouri General Assembly passed several tax-related bills at the end of the legislative session in mid-May that would have altered the Department of Revenue’s (Department) burden of proof and changed its notice...more

Regulatory Threat to Water and Wastewater Treatment Facilities

A federal inter-agency Chemical Facility Safety and Security Working Group has called for the elimination of an exemption currently enjoyed by water and wastewater treatment facilities from the Chemical Facility and...more

Congress Considers Transportation Appropriations Provisions, Other Legislation Impacting Aviation

On Capitol Hill, legislators are working to pass a Transportation Appropriations bill that will fund aviation programs during the 2015 fiscal year. As part of the appropriations process, members of the House and Senate are...more

Water Issues Reframe State Fracking Debate

The debate over fracking continues nationwide, but in California there is an increasing focus on one major issue: water supply. With the state facing one of the most severe droughts on record and water regulators tightening...more

2014 Intelligence Authorization Act Imposes Cyber Breach Reporting Requirement on Intelligence Community Contractors - Many...

The federal government must publish new procedures 90 days after the 2014 Intelligence Authorization Act is signed. These procedures will become effective upon publication. Intelligence community contractors will be...more

Supreme Court to Decide Paralyzed Veterans Doctrine

When the White House goes from a Democratic president to a Republican president, or vice versa, there are often changes in various federal agencies’ directives to reflect the priorities of the current administration. These...more

Supreme Court Unanimously Strikes Down Recess Appointment

On June 26, 2014, the United States Supreme Court unanimously struck down three appointments President Obama made to the National Labor Relations Board on January 4, 2012, purportedly under the U.S. Constitution’s Recess...more

Pension Reform Update

As June 30 approaches, the likelihood of an on-time balanced budget remains a question. And while there are many factors contributing to the commonwealth’s grim fiscal situation, there has been a lot of talk as of late about...more

FDA Advises it Will Not Enforce Regulatory Controls for Low-Risk Medical Information Technology Devices

The U.S. Food and Drug Administration (FDA), in conjunction with the Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC), recently issued a draft report...more

Health Care Update - June 2014 #3

In This Update: - CMS Getting New Leadership Roles - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Congressional and State Initiatives - Other...more

Health Care Update - June 2014 #2

In This Issue: - Confusion Persists in Anticipation of 340B “Mega-Rule” - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Congressional and State Initiatives - Other...more

Update on Recent FOIA and OMA Illinois Supreme Court and Attorney General Opinions

- The Illinois Supreme Court rules state's attorneys are subject to the Freedom of Information Act. - The Illinois attorney general rules that: (i) the Open Meetings Act requires public bodies to recite the key terms of...more

Legislative Update Report No. 2014-11 - June 2014

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

From Second and State: Capitol Wrap – Week of June 9

While budget negotiations continue to take center stage this month, some state legislators elsewhere throughout the Capitol are making moves to change the size of state government and the rules by which elected officials and...more

Weekly Update

This week the Senate acted on several big matters, attended a funeral for Senator Harris Blake and perhaps ended up at the U.S. Open. The House was focused on its budget....more

‘Operation Choke Point’ under Fire

"Operation Choke Point," the coordinated multiagency federal effort to choke off banking services to alleged fraudsters (according to its defenders) or politically unpopular industries (according to its detractors), has come...more

State Constitution Now Requires Local Agencies to Follow Brown and Public Records Acts - Whether or Not State Reimburses...

Voters Pass Proposition 42 and Create a Constitutional Amendment - California voters just approved Proposition 42, a state constitutional amendment to eliminate the requirement that the state reimburse costs incurred...more

Confirmation Hearing for Commissioner Adler on June 11th

According to the Senate Commerce Committee’s hearings calendar, the committee will be holding a nominations hearing on June 11th at 2:30pm to “consider several nominations.” There are unconfirmed reports that the CPSC’s...more

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