Rulemaking Process

News & Analysis as of

EPA Commits to Respond in Early 2016 to Petition Seeking to Make the RCRA Corrosivity Characteristic 10 Times More Stringent

The U.S. Environmental Protection Agency (“EPA” or the “Agency”) recently informed a federal appeals court that it intends to respond no later than March 31, 2016 to a rulemaking petition submitted to EPA in 2011 by one of...more

OMB Reviewing HRSA Proposed Rule For Civil Monetary Penalties And Ceiling Price Regulations For 340B Drug Discount Program

The agency that oversees the 340B Drug Discount Program (340B program) is seeking review by the White House Office of Management and Budget (OMB) of a proposed rule that would use civil monetary penalties to enforce ceiling...more

Draft Mandatory Regulation Restricting Water Use Released by California Water Resources Control Board

Expanded Tiering System; Next Round of Comments Due Wednesday - Moving at a swift pace, the State Water Resources Control Board released a draft emergency regulation over the weekend that, for the first time, would...more

SGR Law Brings Changes to CMP Prohibition on Gainsharing

On April 16, President Barack Obama signed into law the “Medicare Access and CHIP Reauthorization Act of 2015,” ending a perennial struggle over the Medicare reimbursement formula for physicians. Although the law is most...more

In re Murray Energy - the First Clean Power Plan Donnybrook

Friday morning found us at the E. Barrett Prettyman Courthouse in Washington, hoping to take in the oral argument before the DC Circuit in the first (of what is certain to be many) challenge to the Clean Power Plan: In re...more

Supreme Court Allows Changes to Agencies’ Interpretive Rules without the Notice-and-Comment Rulemaking Process

In March, the Supreme Court upheld an agency’s reversal of its own regulatory interpretation without requiring notice-and-comment rulemaking. Regulated entities now face considerable uncertainty in relying on agencies’...more

Public Comment Period on PA Department of Environmental Protection’s Oil and Gas Rulemaking Closes May 19

The Pennsylvania Department of Environmental Protection’s (DEP’s) rulemaking regarding surface activities for oil and gas wells, Environmental Protection Performance Standards at Oil and Gas Well Sites (Chapters 78 and 78a),...more

Update on SEC Rulemaking

Chair White, addressing the Investor Advisory Committee, provided an update on SEC rulemaking. Chair White identified the following initiatives...more

Reporting Hydraulic Fracturing Chemicals - New BLM Rules and EPA Study Spotlight FracFocus

In the past ten days, the federal government has articulated different views on the utility and effectiveness of FracFocus, a website used by many operators to report the chemicals used to fracture their wells. In its final...more

Maine DEP Finalizes Amendments to Revamp Solid Waste Rules

We recently reported on the Maine Department of Environmental Protection’s (DEP) numerous proposed changes to Maine’s solid waste rules. These changes were proposed largely in response to legislation passed during the past...more

EPIC Files Suit For Public Rulemaking To Address Privacy Concerns Posed By Drones

The Electronic Privacy Information Center (“EPIC”) filed suit in the U.S. Court of Appeals for the District of Columbia Circuit on March 31, 2015, to force the Federal Aviation Administration (“FAA”) to conduct a rulemaking...more

How might the Supreme Court’s decision in Perez v. MBA affect the CFPB?

The U.S. Supreme Court’s recent decision in Perez v. Mortgage Bankers Ass’n invalidated a significant line of D.C. Circuit case law known, after the leading case, as the Paralyzed Veterans doctrine. A case involving a series...more

CFPB speaks at PLI’s annual Consumer Financial Services Institute

Key members of the CFPB’s enforcement, regulatory and supervision offices spoke yesterday at PLI’s 20th Annual Consumer Financial Services Institute in New York City. The session addressed recent developments and upcoming...more

USPTO Responds To Criticism By Promising PTAB Rule Changes That Should Benefit Patent Owners

Newly appointed USPTO Director Michelle Lee has responded to public criticism of the post-grant patent review mechanisms provided by the America Invents Act (AIA) by announcing in her blog last week that the government will...more

California Proposes Emergency Rules for Oil & Gas Waste Water Injection Wells as Precautionary Measure

On Thursday, April 2, the California Department of Conservation (“DOC”) published a notice of proposed emergency rulemaking for the state’s Class II Underground Injection Control (“UIC”) program. The purpose of the...more

Weekly Update Newsletter - April 2015

GOVERNMENT CONTRACTS - GSA and HHS Issue a Notice Regarding Conducting a National Dialogue To Reduce Reporting Compliance Costs for Federal Contractors and Grantees - The General Services Administration (GSA)...more

Privacy rights group speaks out against FAA’s proposed framework on commercial use of drones

On March 31, 2015, the Electronic Privacy Information Center (EPIC) filed a petition against the Federal Aviation Administration’s (FAA) proposed rule on commercial drone use, in the D.C. Circuit. EPIC believes that the FAA...more

USFWS Publishes Northern Long-Eared Bat Listing Decision, Opts for Interim 4(d) Rule

In a long-anticipated move, the U.S. Fish and Wildlife Service (“Service”)has published a final listing decision and interim rule on the northern long-eared bat. The Service listed the northern long-eared bat as threatened...more

New Coal Ash Regulations Causing Additional Controversy

Last December, EPA announced its final rule regarding the management of coal combustion residuals (“CCR” a/k/a “coal ash”). This came several years after initial alternative proposals were offered for public comment, and the...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement Matters - SEC 2015 Rulemaking Geared to Asset Managers - Certain Personnel of Registered Municipal Advisers Will Be Subject to Qualification Exams - Rulemaking Completed for Reg A+, But Will It Matter? -...more

Quick Fixes and Proposed Rulemaking for PTAB Trial Rules Announced by Director Lee

Under Secretary of Commerce for Intellectual Property and USPTO Director, Michelle Lee, announced on Friday that a series of actual and proposed rulemakings aimed at improving post-grant proceedings before the PTAB will be...more

Supreme Court Allows Agencies to Reinterpret the Law at Their Discretion

In a decision published on March 9, 2015, the Supreme Court ended the D.C. Circuit Court’s Paralyzed Veterans doctrine, which required administrative agencies to utilize the Administrative Procedure Act’s (APA)...more

CFSA weighs in on CFPB proposed payday regulations

On March 26th, the Community Financial Services Association (“CFSA”) held a press call to address the CFPB’s rulemaking process for developing payday loan regulations. CFSA Chief Executive Officer Dennis Shaul offered brief...more

EPA Issues Response to ICTA Petition Regarding Nanosilver

Almost seven years ago, the International Center for Technology Assessment (ICTA) filed a petition for rulemaking requesting that the U.S. Environmental Protection Agency (EPA) regulate products containing nanosilver as...more

Notice-and-Comment is Not Required for Changes Made to Interpretive Rules

On March 9, 2015, Justice Sotomayor, writing on behalf of the majority, overturned the Paralyzed Veterans doctrine, which requires federal agencies to use a notice-and-comment process before making a significant revision to...more

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