On January 30, 2024, the Securities and Exchange Commission ("SEC") denied a Petition for Rulemaking to amend SEC Rule 202.5(e), known as the SEC's "no-admit/no-deny" rule or, more pejoratively, the "gag rule."...more
Recently, 93 members of Congress (all Democrats) signed a letter in support of the pending Petition for Rulemaking filed by consumer advocacy groups in September that would prohibit pre-dispute consumer arbitration clauses...more
Recently, Professor Sovern replied to our blog post that commented on the letter that he and 160 other law academicians submitted to the CFPB in support of the pending Petition for Rulemaking that would prohibit pre-dispute...more
As we reported, the CFPB just released its Fall 2023 rulemaking agenda as part of the Fall 2023 Unified Agenda of Federal Regulatory and Deregulatory Actions....more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
In response to a petition filed last week by a number of consumer advocacy groups, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that it will be seeking public input on a possible rule that would curtail...more
Last week, a group of consumer advocate organizations filed a Petition for Rulemaking with the CFPB that would prohibit the use of pre-dispute arbitration clauses in consumer contracts in favor of arbitration clauses that...more
On August 16, 2023, the Federal Election Commission (FEC) published a Notice of Availability of Petition for Rulemaking (Notice) seeking comment on whether it should initiate a formal rulemaking to clarify that existing...more
The US District Court for the District of Columbia affirmed the dismissal of a case alleging that the US Patent & Trademark Office (PTO) violated the Administrative Procedure Act (APA) by denying the plaintiffs’ rulemaking...more
The Public Employees for Environmental Responsibility and Energy Justice Network (collectively “PEER”) submitted an April 3rd document to EPA titled: Petition for Rulemaking Pursuant to the Administrative Procedure Act and...more
On 8 November 2021, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) to propose a temporary suspension of transport...more
The NRC published a notice of a petition for rulemaking from the Tribal Radioactive Materials Transportation Committee (TRMTC) in the Federal Register on April 9 asking the NRC to revise 10 CFR Part 37 to require that...more
In response to President Trump’s May 28, 2020 Executive Order on Preventing Online Censorship, the National Telecommunications and Information Administration (NTIA) filed a Petition for Rulemaking at the Federal...more
The Arkansas Department of Environmental Quality (“ADEQ”) submitted a: Petition to Initiate Rulemaking to Amend Regulation No. 6 (Regulations for State Administration of the National Pollutant Discharge Elimination System)...more
The hastily drafted CCPA raises serious issues concerning the attorney-client privilege, work-product doctrine, and client confidentiality. Drafted in approximately one-week as a political compromise to address a proposed...more
The Massachusetts Department of Environmental Protection (“MDEP”) stated in a January 28th letter to the Conservation Law Foundation Massachusetts and Toxics Action Center that it would: . . . initiate the process,...more
The Massachusetts Department of Environmental Protection (MassDEP) will hold a public meeting on Jan. 16, 2019, at 10:00 a.m. ET at MassDEP's Boston office to consider the "Petition for Rulemaking to Establish a Treatment...more
As described in previous blog posts on May 7, 2018 and March 13, 2018, regulatory changes are needed before liquefied natural gas (LNG) can be transported by rail tanker cars under applicable Hazardous Materials and Carriage...more
Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more
Federal Circuit Summary - Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Nevada Summary: District Courts have jurisdiction to hear APA challenges to the PTO’s denial...more
In the wake of the PFAS National Leadership Summit convened by the U.S. Environmental Protection Agency (EPA) on May 22-23, 2018, EPA opened a public docket to solicit comments on per- and polyfluoroalkyl substances (PFAS), a...more
It’s August, and it’s hot outside. Even Congress, which has a high tolerance for hot air, is taking a month’s long recess to avoid the hot and humid DC swamp. This has not stopped the lobbying process, however, as Public...more
Washington saw a flurry of bipartisan activity over the last few weeks. Most notably, Republican and Democratic negotiators reached a long-awaited deal on sequestration budget caps. The compromise, announced on February 7 as...more
On May 7, 2018, the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) finally responded to the Petition for Rulemaking filed by the Association of American Railroads (AAR). As...more