News & Analysis as of

Final Rules Rulemaking Process Public Comment

King & Spalding

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

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After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

Fish & Richardson

ITC Implements Updated Rules of Practice and Procedure

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Earlier this month, the U.S. International Trade Commission (ITC) implemented amendments to its Rules of Practice and Procedure governing Section 337 investigations. The amended rules, which govern investigations instituted...more

Perkins Coie

CEQ Regulations Replaced by Guidance for a Year of Living in Uncertainty

Perkins Coie on

On February 19, 2025, the Council on Environmental Quality (CEQ) submitted to the Federal Register an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, which have been the foundation for...more

BakerHostetler

5th Circuit Slams the Brakes on FTC’s CARS Rule

BakerHostetler on

There are generally two paths that the Federal Trade Commission (FTC) takes for rulemaking. First, there may be a specific statute that gives the FTC specific rulemaking authority, such as the Children’s Online Privacy...more

Bricker Graydon LLP

Ohio Power Siting Board Finalizes Rule Revisions Following Multi-Year Process

Bricker Graydon LLP on

On July 20, 2023, the Ohio Power Siting Board (“Board” or “OPSB”) issued its final determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The...more

Goodwin

SEC Proposes New Round of Money Market Fund Reforms

Goodwin on

In This Issue. The U.S. Securities and Exchange Commission (SEC) voted to propose money market fund reforms; the SEC also proposed amendments to Rule 10b5-1 trading plans and to modernize and improve share repurchase...more

Goodwin

Tenth Circuit Upholds District Court’s Ruling Finding No Breach of Fiduciary Duties in Section 36(b) Case

Goodwin on

In This Issue. The federal bank regulators published frequently asked questions concerning the London Interbank Offered Rate transition; the Consumer Financial Protection Bureau (CFPB) confirmed an effective date for two...more

Ervin Cohen & Jessup LLP

FTC Finalizes “Made in USA” Rule Amidst Inter-Commission Conflict

On July 1, 2021, the Federal Trade Commission (“FTC”) issued its final rule related to “Made in USA” and other unqualified U.S.-origin claims on product labels. The effective date of the rule is August 13, 2021....more

Goodwin

Financial Services Weekly Roundup: Madden Fix/Valid When Made Rule Faces New Challengers

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In the News. On the heels of a lawsuit challenging the Office of the Comptroller of the Currency’s (OCC) recently issued Madden fix/valid when made rule, eight state attorneys general filed suit challenging a similar rule...more

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

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of...more

Holland & Knight LLP

CMS Releases Fiscal Year (FY) 2020 Inpatient Prospective Payment System (IPPS) Final Rule

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On August 2, 2019, the Centers for Medicare and Medicaid Services (CMS) released the Fiscal Year (FY) 2020 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Care Hospital Prospective Payment System...more

Eversheds Sutherland (US) LLP

Spinning in circles, Treasury resumes original course on regulated investment company income rules

On March 19, 2019, the Internal Revenue Service (IRS) and Treasury Department (Treasury) issued final regulations (T.D. 9851) (Final Regulations) under section 851 addressing the income test applicable to regulated investment...more

Eversheds Sutherland (US) LLP

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

Ruder Ware

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

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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

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