News & Analysis as of

Administrative Procedure Act New Guidance

Ballard Spahr LLP

ABA issues white paper on agency guidance and sends letters to regulators commenting on recently-issued guidance

Ballard Spahr LLP on

The American Bankers Association (ABA) has issued a new white paper, “Effective Agency Guidance: Examining Bank Regulators’ Guidance Practices,” that is intended to help agencies issue guidance that complies with legal...more

King & Spalding

EPA Addresses Environmental Justice and Civil Rights in Permitting

King & Spalding on

The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more

ArentFox Schiff

EPA Issues New Policy on Its Use of Consent Decrees and Settlements

ArentFox Schiff on

The US Environmental Protection Agency (EPA) recently updated its guidance on “sue-and-settle” situations – a contentious approach to resolving claims alleging that the agency has failed to perform a required duty. Successive...more

Seyfarth Shaw LLP

Dreamers Face DACA Reboot

Seyfarth Shaw LLP on

Seyfarth Synopsis: In light of the recent Supreme Court decision, DHS continues the DACA program, but implements new guidance as it conducts a complete review of the program....more

McDermott Will & Emery

New Guidance on Medicare Payment Rule Enforcement

McDermott Will & Emery on

A few days before Thanksgiving, the news media published an internal memo by the Office of General Counsel (OGC) at the US Department of Health and Human Services (Department) to officials at the Centers for Medicare and...more

Allen Matkins

White House Orders Agencies To Offer Opinion Letters Or Does It?

Allen Matkins on

Last month, the White House issued this fact sheet concerning two executive orders intended "to improve the transparency and fairness of government agencies and ensure that they are held accountable". The fact sheet describes...more

King & Spalding

President Trump Issues Executive Order Limiting Agency Use of Informal Guidance Documents

King & Spalding on

On October 9, 2019, President Trump issued an Executive Order aimed to curb agencies, such as CMS, from using informal guidance documents as de facto rules that have the binding effect of law. In a press conference...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2019 #2

Supreme Return. The Supreme Court of the United States kicked off its 2019 term this week with a few blockbuster oral arguments. On October 9, 2019, the Court heard oral argument in three cases concerning whether gender...more

Katten Muchin Rosenman LLP

SEC Warns Advisers to Up Their Game on Proxy Voting

On August 21, a sharply divided Securities and Exchange Commission (SEC) issued two interpretive releases addressing the proxy voting obligations of investment advisers and the obligations of proxy advisory firms....more

Stinson LLP

California Communities Against Toxics: The "Continuing Project" of Clarifying Administrative Law

Stinson LLP on

In California Communities Against Toxics v. EPA, the U.S. Court of Appeals for the DC Circuit issued an opinion that may have a lasting impact on administrative agencies’ use of guidance memos and policy statements. For...more

Downey Brand LLP

Cause for Concern Over Organic Fertilizer Made from Food Waste?

Downey Brand LLP on

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to...more

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