Notice & Comment

Notice & Comment

Notice & Comment

Homeland Security/Emergency Management: 8th Circuit Decision in Great Rivers Habitat Alliance v. FEMA, by Jonathan Rusch

On August 12th, the U.S. Court of Appeals for the Eighth Circuit, in Great Rivers Habitat Alliance v. FEMA, No. 09-3183, affirmed a decision by the U.S. District Court for the Eastern District of Missouri that the appellants had failed to exhaust their administrative remedies before the Federal Emergency Management Agency (FEMA) and that the […]

Notice & Comment

Banking and Financial Services: Federal Regulators’ ANPR on Alternatives to Use of Credit Ratings in Regulatory Capital Guidelines, by Jonathan Rusch

On August 10, the Federal Reserve Board of Governors, the FDIC, the Office of the Comptroller of the Curency, and the Office of Thrift Supervision jointly issued an Advance Notice of Proposed Rulemaking (ANPR) regarding alternatives to the use of credit ratings in the four agencies’ risk-based capital rules for banking organizations. A joint release […]

Notice & Comment

Trade Regulation: FTC Amendment of Telemarketing Sales Rule to Cover Debt Relief Services, by Jonathan Rusch

On August 10, the Federal Trade Commission published amendments to its Telemarketing Sales Rule, which prohibits certain unfair or deceptive telemarketing acts or practices. The FTC’s summary of the amendments states that they “define debt relief services, prohibit debt relief providers from collecting fees until after services have been provided, require specific disclosures of material […]

Notice & Comment

Environment: August 25 Meeting of BP Deepwater Horizon Oil Spill Commission, by Jonathan Rusch

The U.S. Department of Energy announced that the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling will hold an open meeting on August 25. The Commission, which was organized under the Federal Advisory Committee Act, will meet from 9:00 a.m. to 5:00 p.m. at the Ronald Reagan Building and International Trade […]

Notice & Comment

Securities/Commodities: SEC “Comment and Notice” Process on Dodd-Frank Provisions, by Jonathan Rusch

In a little-noticed announcement on July 27, Securities and Exchange Commission (SEC) Chair Mary L. Schapiro announced that the SEC will make it easier for the public to provide comments as the SEC “sets out to make rules required under the Dodd-Frank Wall Street Reform and Consumer Protection Act.” Under the SEC’s new process, “the […]

Notice & Comment

Antitrust/Insurance: Senate Bill Would Grant FTC Oversight Over Insurance Issuers, by Jonathan Rusch

On August 2, Senator Mark L. Pryor (D-AR) introduced S. 3685, the Insurance Competition and Transparency Act of 2010. In brief, the bill would authorize the Federal Trade Commission, notwithstanding the provisions of the McCarran-Ferguson Act, to use the authority described in section 6 of the Federal Trade Commission Act “to conduct studies, prepare reports, […]

Notice & Comment

International Trade: Treasury List of Iranian Government-Owned or Controlled Businesses, by Jonathan Rusch

On August 4, the U.S. Department of the Treasury, pursuant to the Iranian Transactions Regulations, issued a press release listing 21 entities in Iran’s banking, insurance and investment, mining, and engineering industries that were determined to be owned or controlled by the Government of Iran. As guidance by Treasury’s Office of Foreign Assets Control make […]

Notice & Comment

Job Vacancies: CPSC, by Jonathan Rusch

The Consumer Product Safety Commission has posted a vacancy for a General Attorney position, GS 11/14 (excepted service). The closing date is Monday, August 2. This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and […]

Notice & Comment

Electronic Access to Information: Recent Developments, by Jonathan Rusch

Since last week, there have been two noteworthy developments that concern federal agency practices with respect to electronic information. First, on July 22, the General Accountability Office (GAO) published testimony about challenges that federal agencies face in using Web 2.0 technologies (e.g., agencies’ presence on Facebook, Twitter, and YouTube). In brief, the challenges that GAO […]

Notice & Comment

Communications: Second Circuit Invalidates FCC Indecency Policy, by Jonathan Rusch

On July 13, the U.S. Court of Appeals for the Second Circuit held in Fox Television Stations v. FCC, that the Federal Communications Commission’s indecency policy “violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.” (Slip op. at 4) While the […]

Notice & Comment

Administrative Conference of the United States: Oversight Hearing on ACUS, by Jonathan Rusch

Last Thursday, May 20, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law held an oversight hearing on ACUS. The two panels of witnesses included Justices Breyer and Scalia, as well as two former Admin Law Section Chairs (Paul Verkuil, the new ACUS Chairman, and Sally Katzen of the Podesta Group), Jeffrey Lubbers of […]

Notice & Comment

Education: New York City Municipal Regulation on Sale of Home-Baked Goods, by Jonathan Rusch

On February 25, 2010, the New York City Department of Education (DOE) issued Regulation A-812 “to provide additional flexibility for fundraising while conforming to the Department of Education’s Wellness Policy and initiatives to improve the quality and nutritional value of foods and beverages that are available for children.” In brief, Regulation A-812 allows New York […]

Notice & Comment

Administrative Conference of the United States: Posted Openings, by Jonathan Rusch

The Administrative Conference of the United States has two senior-level vacancies for which it has posted announcements on USAJobs: Administrative Officer (GS-14) and Public Affairs Specialist (Communications Director) (GS-15). Both positions are full-time career/career-conditional appointments. The closing date for both postings is Monday, May 17, 2010. This post was originally published on the legacy ABA […]

Notice & Comment

Energy: D.C. Circuit Decision in Washington Gas Light Co. v. FERC, by Jonathan Rusch

On April 27, in Washington Gas Light Company v. FERC, No. 09-1100, the U.S. Court of Appeals for the D.C. Circuit denied a petition by Washington Gas Light Company for review of a Federal Energy Regulatory Commission (FERC) decision approving a construction project (known as “the Expansion”) that would allow two companies that receive and […]

Notice & Comment

Food and Drug: New FDA Initiative on Infusion Pumps, by Jonathan Rusch

Today, the Food and Drug Administration announced a new initiative “to address safety problems associated with external infusion pumps, which are devices that deliver fluids, including nutrients and medications, into a patient’s body in a controlled manner.” The initiative will include (1) “additional premarket requirements for infusion pumps, in part through issuance today of a […]