News & Analysis as of

Rulemaking Process

Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

by Holland & Knight LLP on

In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

Massachusetts Revokes Directive Requiring Remote Sellers to Collect Sales Tax

by WilmerHale on

We previously reported to you that effective July 1, 2017, Massachusetts would require the collection of Massachusetts sales and use taxes by internet vendors that meet certain sales thresholds in Massachusetts pursuant to...more

It’s That Time of Year Again: How Congress’ Proposed FAA Reauthorization Bills Could Impact the Commercial Drone Industry

by Hogan Lovells on

In the last few weeks, both houses of Congress have released draft FAA Reauthorization bills to continue FAA funding which runs out this fall. While the House bill’s proposal to privatize air traffic control in the United...more

DHS Freezes Implementation of the International Entrepreneur Rule and Threatens to Repeal It

In a surprising move to the startup community, the Trump administration has moved to delay and possibly repeal a rule that would help foreign entrepreneurs launching foreign startups apply for parole status to work in the...more

Client Alert: The First Six Months of the Trump Administration: Will Trump Successfully Deregulate U.S. EPA?

During the campaign, Donald Trump made clear one priority would be deregulating federal agencies should he win the presidency. In particular, Candidate Trump stated U.S. EPA was at the top of his list for deregulation. In...more

Overtime Update: DOL Signals Changes to the FLSA and White Collar Exemptions may be Coming Soon

For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made...more

Updates to federal overtime rule, delays continue

by Hellmuth & Johnson PLLC on

The delays continue regarding the overtime rule that was originally set to go into effect on December 1, 2016. This rule would have raised the salary threshold for exempt employees – those employees who were not entitled to...more

DOL Signals That It Will Not Support Obama Era Salary Basis Test

by Poyner Spruill LLP on

Employers across the country received some good news last week when the U.S. Department of Labor (DOL) filed its Reply Brief in the Texas lawsuit that halted implementation of the $913 per week salary requirement for exempt...more

Labor Department Plans to Revise “White Collar” Overtime Rule

by Benesch on

The U.S. Department of Labor (“DOL”) plans to revise its pending overtime rule, which would have more than doubled the minimum annual salary for workers in “white collar” executive, administrative and professional positions...more

Navigating WOTUS: A Change in Course for “Waters of the United States” 

This week, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Army Corps) issued the first of its two-step proposal to revisit the controversial Waters of the United States (WOTUS) Rule finalized...more

The Final Rule: The Fifth Request for Public Comments

On June 29, 2017, the Department of Labor (DOL) released a request for information (RFI), seeking public comments yet again on its new “investment advice” fiduciary definition and related exemptions (Final Rule) which became...more

Even If Enacted, The Choice Act May Not Repeal The SEC’s Pay Ratio Rule

by Allen Matkins on

While prognosticators continue to place odds on whether the Financial CHOICE Act of 2017, H.R. 10, will be enacted, many commentators are claiming that it will “repeal” the Securities and Exchange Commission’s pay ratio rule....more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

Food and Beverage News and Trends - June 2017

by DLA Piper on

Nonprofits sue FDA over delay in menu-labeling rule. On June 7, the Center for Science in the Public Interest and the National Consumers League filed suit in the US District Court for the District of Columbia against the...more

U.S. Department of Education Delays Borrower Defense to Repayment Regulations, Announces New Negotiated Rulemaking Committees

by Hogan Lovells on

On June 14, the U.S. Department of Education (“ED”) announced its plan to convene negotiated rulemaking committees to consider revisions to two major sets of regulations that were developed by the Obama Administration. ED...more

California Finders Rule May Soon Take Effect

by Allen Matkins on

Nearly one year ago, the California Department of Business Oversight proposed regulations to implement the provisions of AB 667 (Wagner). The bill, which was enacted in 2015 and took effect last year, created a new exemption...more

Dept. of Education postpones effective date of arbitration ban and other provisions of “borrower defense” rule, announces intent...

by Ballard Spahr LLP on

In a notice published in today’s Federal Register, the Dept. of Education announced that it is postponing “until further notice” the July 1, 2017 effective date of various provisions of the “borrower defense” final rule...more

Update on Marijuana Progress at the Maine Legislature

by PretiFlaherty on

As of early June 2017, Maine’s implementation of the legalization of marijuana for adult use continues to chug along. The Maine Legislature’s Joint-Select Marijuana Legalization Implementation Committee has been meeting...more

CFPB’s Debt Collection Rules May Be Coming Sooner Than Some in the Industry Anticipated

Last week, at the Consumer Advisory Board Meeting in Washington D.C., Consumer Financial Protection Bureau (CFPB) Director Richard Cordray provided an update on one of the most highly anticipated areas in the debt collection...more

Director Corday announces extension of comment period for small business lending RFI, restructuring of debt collection rulemaking

by Ballard Spahr LLP on

In his prepared remarks for the Consumer Advisory Board meeting held on June 8, 2017, Director Cordray discussed CFPB initiatives in four areas. In addition to the CFPB’s letter to the top retail credit card companies...more

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

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Cybersecurity

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