Notice & Comment

Author: Bridget C.E. Dooling

Notice & Comment

OMB’s “Major” Move on Regs & Guidance

The Office of Management and Budget issued a memo on Thursday describing its new approach to its implementation of the Congressional Review Act (CRA). Under the CRA, the Office of Information and Regulatory Affairs (OIRA) is required to determine whether agency “rules” are “major.” In this memo, OMB calls for information about economic impacts to inform its […]

Notice & Comment

Ferrets Ahead? Trump’s Regulatory “Two-for-One” Litigation Moves on to (at least some measure of) Discovery

There was a big development in the litigation challenging Trump’s regulatory “two-for-one” executive order last night. As I blogged about earlier, Judge Moss previously dismissed the case for lack of standing on February 26, 2018. Plaintiffs requested the ability to amend their complaint in light of the opinion, which the government did not oppose. That second […]

Notice & Comment

Shutdown Irregularities

The longest shutdown in the history of the federal government ended yesterday. It lasted 35 days. It was a partial shutdown, but its effects unfold for months, if not longer. While I was trolling around on various .gov websites (dear reader, do I need better hobbies? I think we both know the answer is “no”), […]

Notice & Comment

The Shutdown’s Evolving Effects on Rulemaking

I have a piece up in The Hill with some initial thoughts about 5 ways the partial federal shutdown is playing out in the rulemaking process. The punchline is that the longer key aspects of the federal regulatory process remain idle, the harder it will be for the president to make progress on his deregulatory goals. […]

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 […]