News & Analysis as of

Obama Administration Rulemaking Process

Williams Mullen

WOTUS, WOTUS, WOTUS...

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

WilmerHale

The Biden Administration’s Approach to the Social Cost of Carbon

WilmerHale on

As part of his comprehensive climate change agenda, President Biden convened a task force to assess the social cost of greenhouse gases. At the end of February, the task force published an interim report estimating the “cost”...more

Williams Mullen

EPA Revises Controversial RMP Regulations

Williams Mullen on

EPA recently issued a final rule containing much-debated revisions to the Clean Air Act 112(r) Risk Management Program (“RMP”). The rule rescinds or modifies a substantial number of existing requirements, including...more

Williams Mullen

Environmental Notes - February 2020

Williams Mullen on

It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more

Spilman Thomas & Battle, PLLC

DOL Announces New Proposed Revisions to Overtime Rule

On March 7, 2019, the Department of Labor (DOL) announced new proposed revisions to the Overtime Rule. This is not the first time in recent years revisions have been proposed to the so-called "white collar exemptions"...more

BCLP

EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to...

BCLP on

On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more

Conn Maciel Carey LLP

[Webinar] Regulatory Update: OSHA's PSM Standard & EPA's RMP Rule - December 12th, 1:00pm ET

Conn Maciel Carey LLP on

Following the tragic West Fertilizer explosion in 2013, Pres. Obama issued an Executive Order directing OSHA, EPA and other agencies to “modernize” the manner in which the government regulates chemical manufacturing...more

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

With Overtime Appeal On Hold, When Should We Expect New Regulations?

The U.S. Court of Appeals for the Fifth Circuit has granted a motion filed by the U.S. Department of Labor (DOL) to hold in abeyance the DOL’s appeal of a district court decision that invalidated controversial federal...more

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

Oral Argument in Overtime Appeal to be Held in Early October

The U.S. Court of Appeals for the Fifth Circuit has tentatively scheduled oral argument for the week of October 2 in a highly watched case involving revised overtime regulations that were supposed to become effective last...more

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

The Triumphant Return of Tip Pooling: DOL Announces Repeal of 2011 Regs

In a welcome sea change for the hospitality industry, the U.S. Department of Labor (DOL) announced on July 20, 2017 that it would repeal the Obama administration’s 2011 regulations that severely curtailed tip pooling. The DOL...more

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

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

Latham & Watkins LLP

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

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

Littler

WPI Insider Briefing: New President, New Congress, New Direction in Workplace Policy

Littler on

President Donald J. Trump was sworn into office on January 20, 2017, ushering in a new balance of power in Washington and what is expected to be a dramatically different era of workplace policy. On his first day in office,...more

WilmerHale

The Regulatory Transition: How the Trump Administration is Likely to Try to Block and Undo Obama Administration Regulations

WilmerHale on

The incoming Trump Administration is expected to break the mold in many ways, but in one respect it is likely to follow recent precedent fairly closely, author Jonathan G. Cedarbaum of WilmerHale writes: President Trump is...more

Holland & Knight LLP

U.S. House to Consider Bill to Limit, Overturn Midnight Regulations

Holland & Knight LLP on

The U.S. House of Representatives will consider legislation this week to limit midnight rulemaking and strengthen the Trump Administration's ability to overturn last-minute regulations adopted by the Obama Administration. The...more

Best Best & Krieger LLP

Drone on Drones: White House Review of Proposals Will Affect Drone Regulations

The White House currently is reviewing a series of policy proposals related to the integration of drones into domestic airspace that may affect local governments and their ability to regulate. Both the FAA’s proposed rules...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Review Cases Involving Overtime Exemption for Mortgage Loan Officers

On Monday, the U.S. Supreme Court accepted review of two lower court decisions of significant importance to the banking and financial services industries. The cases involve the question of whether mortgage loan officers are...more

McNees Wallace & Nurick LLC

OSHA: Active Agency Agenda, Increased Enforcement Efforts And Legal Update

The Occupational Safety and Health Administration (OSHA), the primary federal agency charged with responsibility for enforcing workplace health and safety regulations, has been very active under the Obama Administration. In...more

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