Notice & Comment

Author: Bridget C.E. Dooling

Notice & Comment

The CRA Spring Gun May Soon Fire its First Shot

Earlier this month the U.S. Department of Labor (DOL) issued a proposed rule that may turn out to be the first opportunity to test the Congressional Review Act (CRA) post-disapproval restriction on rulemaking. The CRA authorizes Congress to use an expedited process to nullify recent rules. It has been used successfully 17 times, 16 of which […]

Notice & Comment

Big Day for Reg Watchers!

It’s a big day for folks who follow regulation! The Unified Agenda of Regulatory (and Deregulatory) Actions for Fall 2018 rolled out today along with a report on the FY 2018 results of the President’s regulatory two-for-one initiative. These are important documents because, respectively, they give us a snapshot of the government’s plans for the next […]

Notice & Comment

Standing Arguments in Litigation Challenging Trump’s Regulatory “Two-for-One” EO (Part 2)

This post picks up where my last post left off, recapping aspects of the initial memorandum opinion and order in Public Citizen, Inc. et al v. Trump (D.D.C.). This is the case challenging President Trump’s regulatory “two-for-one” executive order (EO 13771). In the course of its discussion on associational standing, the court considers whether the […]

Notice & Comment

Standing Arguments in Litigation Challenging Trump’s Regulatory “Two-for-One” EO (Part 1)

In my last post on this topic, I offered a brief summary of the litigation in the U.S. District Court for the District of Columbia challenging President Trump’s regulatory “two-for-one” executive order, EO 13771. In short, the case was initially dismissed for lack of standing, the plaintiffs amended their complaint, the government responded, and we […]

Notice & Comment

OIRA Sends a Smoke Signal on Independent Agencies

One of the most intriguing, unanswered questions about this Administration’s approach to regulatory policy is whether they’ll pull independent agencies in for some form of review by the Office of Information and Regulatory Affairs (OIRA). Although this issue has been kicked around for decades, President Trump’s appointment of Neomi Rao to the post of OIRA […]