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Administrative Procedure Act Public Comment

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

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The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

King & Spalding

A Brief Overview of the Federal Rulemaking Process in the United States

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Since the enactment of the Inflation Reduction Act of 2022 (the “IRA”) in the United States, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) have issued notices of proposed regulations...more

Troutman Pepper

Fed Considering Revisions to Debit Interchange Fee Cap

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On October 16, the Federal Reserve Board (Fed) published a notice of an Open Board Meeting to take place on October 25. The only matter under consideration at that meeting will be the Fed’s proposed revisions to the debit...more

Allen Matkins

Can Nonprecedential Decisions Be Relied Upon?

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Yesterday's post noted that an administrative decision had not been listed as a "precedent decision".  Today's post will delve into the role of precedential and nonprecedential agency decisions....more

Benesch

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

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On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more

Holland & Knight LLP

'Tis the Season … to Reopen Public Comment on SEC's Share Buyback Rule Proposal?

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The SEC announced on Dec. 7, 2022, a second reopening of the public comment period for its proposed Share Repurchase Disclosure Modernization rule (Rule), first proposed on Dec. 15, 2021. The initial 45-day comment period was...more

Hogan Lovells

OEHHA announces new modification of proposed acrylamide regulation for foods

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On October 6, 2022, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65 (Prop 65), provided notice of new changes to the proposed regulation. If adopted,...more

DirectEmployers Association

OFCCP Week In Review: July 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Latham & Watkins LLP

Proposed Amendments to Rules on Prop. 65 Short-Form Product Warnings Fail to Progress

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The proposal had contemplated clarifications to when short-form warnings should be used and had aimed to introduce new requirements for information about harmful chemicals. Several amendments that the California Office...more

Foley Hoag LLP - Energy & Climate Counsel

New York Releases Much Awaited Roadmap for Deploying 10 Gigawatts of Distributed Solar by 2030

Can New York State satisfy nearly 30 percent of its electricity needs with solar projects less than five megawatts in size by the year 2030? In September of this year, Governor Hochul announced a framework to do just that,...more

Health Care Compliance Association (HCCA)

Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act

While the pandemic put many things on hold, it did not do the same for the False Claims Act (FCA). To find out what is happening in FCA activity we spoke with Patrick Hooper, Jordan Kearney and Alicia Macklin, partners at the...more

ArentFox Schiff

Think Your Pesticide Deserves An Exemption? EPA Wants To Hear From You

ArentFox Schiff on

In seeking public comments and suggestions on how to improve the exemption process for pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the US Environmental Protection Agency (EPA or Agency)...more

King & Spalding

Pumping the Brakes: FinCEN Reopens Comment Period for Controversial Crypto Reporting & Recordkeeping Rules

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After Widespread Market Opposition in an Expedited First Round of Comments, FinCEN Solicits More Feedback on Rule Seeking to “Close Gaps” in Virtual Currency Anti-Money Laundering Rules On January 14, in a surprise move,...more

Nossaman LLP

NEPA Rules Rewrite: Revised NEPA Regulations Designed to Influence Litigation

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This is the sixth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more

Foley Hoag LLP - Medicaid and the Law

A Loss in SCOTUS Prompts New CMS Notice of Proposed Rulemaking

On August 4th, CMS released a proposed rule titled Treatment of Medicare Part C Days in the Calculation of a Hospital’s Medicare Disproportionate Patient Percentage (DPP). We’ve written before about the Medicaid...more

Hudson Cook, LLP

Clear Skies Ahead? CFPB Launches Pilot Advisory Opinion Program

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On June 22, the CFPB formally launched a pilot advisory opinion (AO) program (Pilot AO Program) that would allow entities seeking to comply with regulatory requirements to submit a request to the Bureau for an opinion where...more

White & Case LLP

White House Proposes Significant Rollbacks to the National Environmental Policy Act

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The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more

Miles & Stockbridge P.C.

Maryland Board of Public Works Solicits Comments to Proposed Redraft of Maryland Tidal Wetland Regulations by January 31, 2020

For the first time in more than 30 years, Maryland’s wetland regulations will undergo a review and update, for which the Maryland Board of Public Works’ Wetlands Administration (“BPW”) is soliciting comments on or before...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2019 #4

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GOVERNMENT CONTRACTING - The Government Accountability Office (GAO) sustained a protest filed by Ekagra Partners, LLC challenging the terms of a request for proposal (RFP) issued by the General Services Administration...more

Akin Gump Strauss Hauer & Feld LLP

What's New In Washington - September 2018

Following a truncated August recess, the House and the Senate returned to Washington after Labor Day with a full plate of legislative items to address prior to the end of the fiscal year on September 30. That list includes...more

Allen Matkins

Is Artificial Intelligence The Future Of Rulemaking?

Allen Matkins on

Earlier this year, the Securities and Exchange Commission proposed a new rule establishing a standard of conduct for broker-dealers and natural persons who are associated persons of a broker-dealer when making a...more

Foley & Lardner LLP

DOJ Memoranda Ushering in New Era for Health Care Enforcement

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In January 2018, the Department of Justice (DOJ) issued two memoranda that, taken together, may usher in a new era of False Claims Act (FCA) enforcement in the health care industry. The first memorandum, dated January 10,...more

Fisher Phillips

Firm Responds To USDOL's Exemption-Related "Request for Information"

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Fisher Phillips filed its own, extensive remarks yesterday in response to the U.S. Department of Labor's Request for Information seeking additional public comment regarding the 2016 compensation revisions to the agency's...more

Schwabe, Williamson & Wyatt PC

Schwabe In The Field: Certainty on the “Waters of the United States” Remains Elusive

On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...more

Ward and Smith, P.A.

"Waters of the United States"— Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?

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Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order...more

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