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SCOTUS Holds Obama Made Unconstitutional NLRB Recess Appointments –...
The United States Supreme Court (SCOTUS), in NLRB v. Noel Canning, today affirmed the United States Court of Appeals for the District of Columbia decision that President Obama (POTUS)...
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Monday Morning Regulatory Review – 8/11/14: EPA Power Plant Litigation; NLRB...
The dog days of summer mean that this column is filled with many odds and few ends. In new litigation, a dozen states sued the Environmental Protection Agency (EPA) claiming that the agency lacks...
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Monday Morning Regulatory Review –12/15/14: FLSA Security Screenings; NLRB...
For some reason, today seems to be Labor Day – that is, all of the significant actions we cover deal with the regulation of employment of some type. Today focuses on two rules of general applicability...
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Monday Morning Regulatory Review – 1/12/14: NLRB Election Rule Litigation II;...
A few small nuggets deserve attention, although no earth shattering developments rocked administrative law last week. Reopening two old chapters in the annals, a new suit challenges the National Labor...
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Monday Morning Regulatory Review – 1/19/15: Judicial Review of Agency...
The United States Supreme Court (SCOTUS) granted review in several cases with significant regulatory implications last Friday – neither of which is the case that has drawn all the press attention and...
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Monday Morning Regulatory Review – 4/6/15: Cyber-Threat Executive Order; NLRB...
Issues on the periphery of regulatory practice highlighted the last week. The President of the United States (POTUS) unleashed financial regulation resources against cyber-threats by applying...
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Monday Morning Regulatory Review – 6/8/15: A Good Week for EPA; NLRB Case...
This week, litigation updates: The United States Court of Appeals for the District of Columbia Circuit last week cleared out a myriad of challenges to Environmental Protection Agency (EPA) regulations...
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Monday Morning Regulatory Review – 8/3/15: WOTUS Litigation IV; Cross-State /...
Litigation dominated regulatory affairs last week. Procedural posturing continued in the Waters of the United States (WOTUS) litigation while gaining some clarity and the Clean Air Act (CAA) “good...
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Monday Morning Regulatory Review – 7/4/16: Agency Exceeds Authority in...
Independence Day – a day to celebrate the right to choose between praising or criticizing the administrative state – or both. Several courts took exception from Administration regulatory actions in...
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Monday Morning Regulatory Review – 1/16/17: WOTUS Jurisdiction & Venue;...
The United States Supreme Court (SCOTUS) added to its argument calendar Friday, including several that could implicate future regulatory practice – including jurisdiction to review regulations and the...
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