News & Analysis as of

Rulemaking Process

Government Contracts Legislative and Regulatory Updates - January 2018

by Dentons on

Our January edition of "Government Contracts Legislative and Regulatory Update" offers a summary of the relevant changes that took place during the month of December. Highlights this month include: - President Trump...more

A rule by any other name: What is a ‘rule’ subject to disapproval under the Congressional Review Act?

by Thompson Coburn LLP on

In addition to formal regulations, informal federal regulatory guidance has become commonplace in the world of banking law. The terms “guidance,” “bulletin,” “interagency statement,” “advisory letter,” “financial...more

California Mining Board to Address Environmental Problems Created by Backfill Regulation Affecting Gold and Other Metallic Mineral...

by Stoel Rives LLP on

California’s State Mining and Geology Board had a busy 2017 with ongoing rulemakings to implement SMARA reform enacted in 2016. The Board’s 2018 will be busy and one to closely watch too, in particular, because the Board...more

Two Steps Forward, One Step Back: FAA’s UAS Identification and Tracking Aviation Rulemaking Committee (ARC) Issues Final Report

by Williams Mullen on

The FAA’s UAS Identification and Tracking (“UAS ID”) Aviation Rulemaking Committee (ARC) published its final report on December 19, 2017. The ARC, which was chartered to provide recommendations to the FAA regarding...more

Vermont Legislative Update 1-12-18 - An analysis from DRM's Government & Public Affairs Team

by Downs Rachlin Martin PLLC on

The House Commerce and Economic Development Committee unanimously approved a bill this week, H.593, that includes a variety of consumer protection provisions that were considered but not approved last year. A similar bill...more

FERC Terminates DOE’s Proposed Grid Resiliency Rulemaking Effort and Opens Its Own Investigation

by Perkins Coie on

In an order issued Monday, January 8, 2018, the Federal Energy Regulatory Commission unanimously terminated the rulemaking proceeding it previously initiated in response to a directive issued last fall by U.S. Department of...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 2 - January 24th, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. Thompson Coburn Partner Aaron...more

DOL Issues Proposal Governing Association Health Plans

by Littler on

The Department of Labor has issue a proposed rule providing direction for sole proprietors and businesses to set up Association Health Plans (AHPs). This rulemaking stems from President Trump’s October 12, 2017 Executive...more

EPA Regulatory Agenda Shows Continued Retrenching

by Burr & Forman on

In mid-December, EPA issued its semi-annual regulatory agenda reflecting rulemaking activities scheduled for 2018 and beyond. The overall announcement is reflected in the EPA press release and detailed explanations are...more

CFPB submits Fall 2017 rulemaking agenda

by Ballard Spahr LLP on

The CFPB has submitted its Fall 2017 rulemaking agenda to the Fall 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions issued by the Office of Information and Regulatory Affairs, a part of the Office of...more

CFPB, other agencies announce good faith efforts approach to revised HMDA rule enforcement; CFPB to engage in HMDA rulemaking to...

by Ballard Spahr LLP on

The CFPB has announced that with regard to the collection in 2018 of the expanded data fields under the revised Home Mortgage Disclosure Act (HMDA) rules, the CFPB does not intend to require data resubmission unless data...more

FAA Aviation Rulemaking Committee: Final Report recommends standards for UAS remote ID and tracking

by DLA Piper on

On December 19, the FAA's Unmanned Aviation System Identification and Tracking (UAS-ID) Aviation Rulemaking Committee (ARC) released a Final Report detailing its recommendations to the agency. Earlier this year, the FAA...more

[Webinar] OSHA's 2017 in Review and a 2018 Forecast - January 16th, 1:00pm ET

by Conn Maciel Carey LLP on

The ball has dropped, the confetti has been swept out of Times Square, and 2017 is in the books. It’s time to look back and take stock of what we learned from and about OSHA over the past year. More importantly, the...more

Toxic Substances Control Act:/Environmental Council of the States Comments: Chemical Data Reporting/Requirements for Inorganic...

The Environmental Council of the States (“ECOS”) submitted December 11th comments to the United States Environmental Protection Agency (“EPA”) on: Chemical Data Reporting: Requirements for Inorganic Byproduct Chemical...more

EPA Declines To Issue CERCLA Financial Responsibility Rules For Hardrock Mining Industry But Leaves Open What It Might Do For...

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as Superfund, was enacted in December 1980, and Section 108(b) provides that the Environmental Protection Agency (EPA) shall...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 1 - December 13th, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. During this process, which will...more

Proposed “Comprehensive Update” to the State CEQA Guidelines Released - California Governor’s Office of Planning and Research...

by Best Best & Krieger LLP on

Following several years of public involvement, the Governor’s Office of Planning and Research has just issued comprehensive Proposed Updates to the CEQA Guidelines. In addition to proposing changes or additions to nearly 30...more

California Adopts Emergency Cannabis Regulations for Licensing Beginning on January 1, 2018

by Dorsey & Whitney LLP on

On November 16, 2017, California published the long awaited rules and regulations to implement voter approved Proposition 64, the Adult Use of Cannabis Act of 2016, which legalized adult use of cannabis in the State of...more

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

by 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

UAS Integration Pilot Program: Notice of Intent Deadlines for Lead Applicant, Interested Parties Quickly Approaching

by LeClairRyan on

The White House recently announced the Unmanned Aircraft Systems (UAS) Integration Pilot Program, permitting state and local governments to partner with private entities to conduct cutting edge work associated with extending...more

AG Sessions Speaks. No More Guidance. Make It So.

Last week, Attorney General Sessions sent a memorandum prohibiting the use of guidance in place of notice and comment rulemaking “when purporting to create rights or obligations binding on members of the public or the...more

Analysis of the Current Draft 2018 NDAA

by Holland & Knight LLP on

This is the first blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited

by Benesch on

On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more

Ready or Not? Now’s the Time to Get Your Oil Spill Management Team OSPR Certification

by Stoel Rives LLP on

The California Office of Spill Prevention and Response (“OSPR”), within the Department of Fish and Wildlife, has been tasked with new responsibilities related to oil spill response. Assembly Bill 1197 (“AB 1197”), which was...more

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

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