News & Analysis as of

Federal Register

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

Waste Imports/Exports: U.S. Environmental Protection Agency Notice/Request for Comment Addressing Freedom of Information Act

The United States Environmental Protection Agency (“EPA”) issued a February 27th Federal Register Notice and Request for Comment describing Freedom of Information Act (“FOIA”) requests that the agency states it periodically...more

FCC Proposes Expedited Treatment For New Technologies

Last week, the FCC released a Notice of Proposed Rulemaking (NPRM) proposing guidelines and procedures designed to “breathe life” into Section 7 of the Communications Act. A somewhat obscure part – or, as Chairman Ajit Pai...more

Advance Notice of Proposed Rulemaking/State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating...

The Arkansas Department of Environmental Quality (“ADEQ”) submitted February 26th comments to the United States Environmental Protection Agency (“EPA”) in regards to an Advance Notice of Proposed Rulemaking titled: State...more

EPA Seeks Comment on ‘‘Discharges of Pollutants’’ via a Direct Hydrologic Connection to Surface Water

by Holland & Knight LLP on

On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more

EPA Publishes Notice Requesting Public Comment on Whether to Regulate Discharges to Groundwater Under the CWA

On February 20, 2018, the Environmental Protection Agency (EPA) published a notice in the Federal Register requesting public comment on whether the EPA can regulate discharges to groundwater that flow to jurisdictional...more

U.S. Army Corps of Engineers: Propose Beneficial Uses for Dredged Materials

Section 1122 of the Water Resources Development Act of 2016 directs the Secretary of the Army, no later than 90 days after the enactment of this law (which took place on December 16, 2016), to establish a pilot program to...more

FERC Amends Regulations to Remedy Barriers to Energy Storage Participation in Wholesale Electricity Markets; Saves Distributed...

At its February 15, 2018, Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 841 (the “Final Rule”) to remove barriers to the participation of energy storage resources in the...more

National Waterways Conference Requests More Time on Draft 408 Policy

by Downey Brand LLP on

The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According...more

Four Energy Conservation Standards: Federal Court Addresses Lawsuit Alleging Department of Energy Violation of Energy Policy and...

A United States District Court (Northern District of California) addressed in a February 15th Order a Motion for Summary Judgment arguing that the United States Department of Energy (“DOE”) violated the Energy Policy and...more

Now It’s DOE’s Turn — Another Court Requires the Administration to Promulgate Regulations

Last week, I noted that EPA had been ordered to respond to a petition by Connecticut under § 126(b) of the Clean Air Act. This week, DOE was ordered to promulgate energy efficiency rules under the Energy Policy and...more

Pilot Program/Water Resources Development Act: U.S. Corps of Engineers Federal Register Notice Requesting Beneficial Use of...

The United States Corps of Engineers (“Corps”) issued a February 9th Federal Register notice for Request of Proposals (“RFP”) for beneficial use of dredged material projects. See 83 Fed. Reg. 5763. The RFP is being issued...more

Alteration of U.S. Army Corps of Engineers Civil Works Projects: February 5th Federal Register Notice Proposing Engineer Circular

The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more

DOT Seeks Public Comment on Regulatory Barriers to Autonomous Vehicle Innovation

The Department of Transportation (DOT) fulfilled its promise at the Consumer Electronics Show (CES) last week to have quickly published in the Federal Register four items seeking public comment on regulatory barriers to...more

FDA’s Proposed New Pathway for Devices Referencing Drugs (DRDs)

by Hogan Lovells on

The Food and Drug Administration (FDA) may be closing in on solving one of its perennial regulatory problems, namely, the absence of a workable regulatory pathway for devices that seek to use older, mainly generic drugs in...more

FERC Increases Maximum Civil Monetary Penalties

On January 8, 2018, the Federal Energy Regulatory Commission (FERC) issued a Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

EPA Seeks Comments on Clean Power Plan Replacement

by Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) released an Advanced Notice of Proposed Rulemaking (ANPR) on Dec. 18, 2017, soliciting comments on its intention to propose a replacement rule for the Clean Power Plan (CPP). The...more

Congressional Review Act: Allan Gates (Mitchell Williams Law Firm) American College of Environmental Lawyers Blog Post

My law firm partner, Allan Gates, authored a December 7th post on the American College of Environmental Lawyers (“ACOEL”) blog titled: It Ain’t Over ‘til It’s Over - - The Congressional Review Act & the Search for Zombie...more

CFPB to Remove Arbitration Rule from CFR

by Ballard Spahr LLP on

The CFPB is scheduled to publish a notice in tomorrow’s Federal Register removing the agency’s final arbitration rule from the Code of Federal Regulations (CFR). ...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 7

by Jones Day on

USDA Inspector General Recommends Reform of AMS Organic Program for Imports - The USDA Inspector General ("IG") reviewed the Agricultural Marketing Service's ("AMS") process used in determining whether exporting...more

CFPB submits request to conduct online debt collection survey to OMB

by Ballard Spahr LLP on

The CFPB has published a notice in the Federal Register that it has submitted to OMB its request to conduct an online survey of 8,000 individuals as part of its research on debt collection disclosures. Comments must be...more

CFPB final payday/auto title/high-rate installment loan rule published in Federal Register

by Ballard Spahr LLP on

The CFPB’s final payday loan rule was published in today’s Federal Register. Lenders covered by the rule include nonbank entities as well as banks and credit unions. In addition to payday loans, the rule covers auto title...more

USPTO Expands Collaborative Search Pilot Program

by Foley & Lardner LLP on

As announced in this October 30, 2017 Federal Register notice, the USPTO is expanding the Collaborative Search Pilot Program under which applicants can request that multiple intellectual property offices exchange search...more

Expediting Patent Prosecution with the New Expanded Collaborative Search Pilot Program

On November 1, 2017 the U.S. Patent and Trademark Office (USPTO) implemented an expansion of the Collaborative Search Pilot Program (CSP), which began in 2015 and ended earlier in 2017, to expedite prosecution of related...more

What’s New in Washington - November 2017

Congress continues its heavy workload with the Thanksgiving recess roughly three weeks away. On October 26, the House passed the Senate’s Fiscal Year 2018 budget resolution by the slim margin of 216-212—opening the door for...more

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