News & Analysis as of

Rulemaking Process

The Potential Declawing of the SEC: The Financial CHOICE Act

The Financial CHOICE Act (or “CHOICE Act 2.0”), which would significantly narrow the SEC’s ability to bring enforcement actions and make it more challenging for it to prevail in such actions, is inching its way towards...more

Are New On-Highway, Heavy-Duty Diesel NOx Standards Down the Road?

by Latham & Watkins LLP on

The heavy-duty industry should monitor California developments - Key Points: ..The Obama EPA initiated new rulemaking to further reduce NOx emissions from on-highway, heavy-duty diesel engines and vehicles. ..The...more

House Financial Services Committee passes Financial Choice Act containing CFPB overhaul, significant changes to rulemaking...

by Ballard Spahr LLP on

Last Thursday, by a party-line vote of 34-26, the House Financial Services Committee approved the Financial CHOICE Act (H.R. 10) proposed by Committee Chairman Jeb Hensarling....more

CFPB seeks comments on its plan to assess the RESPA mortgage servicing rule

by Ballard Spahr LLP on

On May 4, the CFPB announced that as part of its impending 5-year review of mortgage rules, it was proposing a plan to assess the effectiveness of the Real Estate Settlement Procedures Act (RESPA) mortgage servicing rule.  ...more

CFTC Requests Public Input on Simplifying Rules

The CFTC voted to seek public input on simplifying and modernizing the Commission’s rules. The action is part of an initiative which has been dubbed “Project KISS.”...more

Southern California Environmental Update #3 – April 2017

by Stoel Rives LLP on

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. ...more

CFPB adopts changes to ex parte policy

by Ballard Spahr LLP on

The CFPB has adopted changes to its “Policy on Ex Parte Presentations in Rulemaking Proceedings,” which generally requires anyone who communicates with the CFPB about a pending rulemaking to submit a written copy of the...more

Environmental and Energy Policy Round-Up: Status of Regulations and Key Decisions under the New Administration

by Miles & Stockbridge P.C. on

There has been much discussion lately regarding the new Administration’s efforts to review and possibly “roll-back” several environmental and energy-related regulations issued by the Environmental Protection Agency (EPA), the...more

Tennessee Health Services and Facilities Report: April 2017 Newsletter

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

US Financial Industry Regulatory Authority Seeks Comments Regarding its Programs

by Shearman & Sterling LLP on

FINRA issued a notice seeking comment from interested parties regarding its current engagement programs. The notice provides an overview of the engagement programs, with particular focus on FINRA’s committees, rulemaking...more

Final California Water Conservation Plan and Proposed Legislation Released - Urban Water Suppliers Face Far-Reaching Consequences

by Best Best & Krieger LLP on

Urban water suppliers would face significant new requirements under water conservation and drought resiliency legislation proposed by Gov. Jerry Brown. The legislation, released in the form of budget trailer bill language...more

EPA’s Risk Management Plan (RMP) Final Rule Delayed

by Ruder Ware on

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry...more

Director Cordray rehashes history behind CFPB’s creation and its final regulations

by Ballard Spahr LLP on

On March 30, Director Cordray gave his annual speech to the United States Chamber of Commerce’s 11th Annual Capital Markets Summit.  His prepared remarks focused on the CFPB’s role in adopting regulations....more

Rutgers Law School arbitration symposium will feature one-sided panel

by Ballard Spahr LLP on

On April 7, 2017, the Rutgers Institute for Professional Education and Rutgers University Law Review will sponsor an all-day symposium entitled: “Resolving the Arbitration Dispute in Today’s Legal Landscape.” One of the four...more

Two Federal Courts Dismiss ADA Website Accessibility Claim

by Genova Burns LLC on

In the last two months, at least two federal district courts have dismissed website accessibility lawsuits filed against private companies under the Americans with Disabilities Act (“ADA”), proving that this issue continues...more

Bank Website ADA Litigation Update

by Bryan Cave on

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more

Court Dismisses Website Accessibility Case as Violating Due Process, Since DOJ Still Has Not Issued Regulations

by Bryan Cave on

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more

Likely and Potential Impacts of Yesterday’s Energy Independence Executive Order

by Stoel Rives LLP on

As a follow up to yesterday’s post, President Trump’s Energy Independence Executive Order (the “Order”) has now been posted on the White House website, a summary of which can be found here. Over the last week, many pundits...more

Energy Storage: Finding New Home with FERC Policy Statement and Notice of Proposed Rulemaking

The Federal Energy Regulatory Commission (FERC) has taken steps over the past few months to address integration of electric storage into the market. In November 2016, FERC issued a Notice of Proposed Rulemaking (NOPR) to...more

US House Financial Services Committee Chairman Jeb Hensarling Sends Letter to Janet Yellen Regarding New Rulemakings

by Shearman & Sterling LLP on

US House Financial Services Committee Chairman Jeb Hensarling and the other 33 Republican members of the Committee sent a letter to US Board of Governors of the Federal Reserve System Chair Janet Yellen...more

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

by Latham & Watkins LLP on

Joel Beauvais and Claudia O’Brien have authored an article entitled “Re-Evaluating the Clean Water Rule: The Long Road Ahead.” President Donald Trump, on February 28, signed an executive order (EO) directing the U.S....more

OSHA Penalties Keep Changing, But the OSH Act Remains the Same: Were OSHA’s Recent Penalty Increases Valid?

by Fisher Phillips on

Federal OSHA increased its maximum penalties last summer for the first time since 1990. The increase occurred pursuant to a new law requiring federal agencies to adjust penalties to account for inflation. However, the OSH...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

by FordHarrison on

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

FDA Hardens Its Stance on Intended Use and Off-Label Use and Industry Responds

From 2015 to 2016, FDA appeared to open the door to loosening the standards around intended use and off-label use, but recent rule-making and public comments suggest that FDA is becoming more sclerotic instead of flexible....more

Tennessee Health Services and Facilities Report: February 2017 Newsletter

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

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