Notice & Comment

Notice & Comment

Notice & Comment

​The Congressional Review Act Revisited

This month the House of Representatives passed two resolutions under the Congressional Review Act (5 USC 801, et seq .) that disapproved of EPA’s recent rules for greenhouse gases from new and existing power plants. S.J. Resolutions 23 and 24. These two resolutions had already passed the Senate on November 17, 2015. The vote in […]

Notice & Comment

The IRS’s Fee Waiver Regulations May Be Doomed

In my prior post, I considered proposed regulations issued by the Treasury and the IRS regarding management fee waiver transactions. See Treasury Department & IRS, Disguised Payments for Services, 80 Fed. Reg. 43652 (July 23, 2015). To cater to the majority readership of the Yale Journal on Regulation, that post viewed the issue through the lens […]

Notice & Comment

​Ongoing Interest in Regulatory Cost Budgets

This week the Senate Budget Committee held another hearing titled “Moving to a Stronger Economy Through Regulatory Budgeting”. The hearing included three witnesses, including Dr. John Graham, former OIRA Administrator and present Dean of Indiana University’s School of Public and Environmental Affairs; Dr. Jerry Ellig, Senior Research Fellow at George Mason University; and Prof. Robert […]

Notice & Comment

​Regulatory “Look Back” in Practice: Deployment of the Single Window, by Jeff Weiss

As the Obama Administration moves into the final stretch of establishing a “Single Window” – an electronic portal through which traders can transmit data required by U.S. agencies for importing and exporting goods — it is worth discussing the pivotal role being played in the Single Window roll-out by retrospective review. The Administration’s retrospective review […]

Notice & Comment

Impact of 2016 Continuing Appropriations Likely Ending a Day Sooner than Intended, by Sam Wice

I previously explained how U.S. Government funding will likely expire at 11:59 p.m. on Thursday, December 10, and not 11:59 p.m. on Friday, December 11, as Congress, the White House, and most commentators believe. With Congress and the President disagreeing on spending provisions such as defunding Planned Parenthood, the Affordable Care Act, and allowing Syrian refugees, […]

Notice & Comment

Regulation of the Sharing Economy: Uber and Beyond, by Jack Beermann

At the Annual Meeting of the American Association of Law Schools, the Section of Administrative Law and Regulatory Practice of the American Bar Association will be sponsoring a terrific program on regulation of the sharing economy. The program will take place from 6:30 – 9:30 pm on Friday, January 8, including the Reception, in the […]

Notice & Comment

The IRS’s Attack on Private Equity Firms May Be Doomed

In a prior post, I described some issues related to regulatory severability, that is, a court’s decision to strike or not strike an entire regulation project when it finds that only a portion of it violates the law. In this post, I want to explain how principles of regulatory severability could doom some regulations recently proposed […]

Notice & Comment

More on Regulatory Severability

In a prior post, I described some issues related to regulatory severability, that is, a court’s decision to strike or not strike an entire regulation project when it finds that only a portion of it violates the law. In this post, I want to explain how principles of regulatory severability could doom some regulations recently proposed […]

Notice & Comment

Severability of Agency Regulations

When Congress passes an Act, and a court finds a portion of it unconstitutional, questions of “severability” arise. That is, the court will consider whether it should strike the entire law, under the theory that without the constitutionally offensive portion, Congress would not never have passed the Act. I’ve been wondering whether this type of […]

Notice & Comment

Did Marco Rubio Kill Obamacare?

A simmering dispute over the risk corridor program has broken into the presidential campaign, with Senator Rubio crowing that an arcane budget move has “kill[ed] Obamacare” and “saved the American taxpayer $2.5 billion.” On account of that move, health plans are set to receive only pennies on the dollar from the risk corridor program, which […]

Notice & Comment

Blog Merger Announcement: the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice Join Forces

WASHINGTON (October 29, 2015) – The ABA Section of Administrative Law and Regulatory Practice (Adlaw Section) announced the official merger of the Section’s blog, Notice and Comment, with the Yale Journal on Regulation (JREG) blog (also called Notice and Comment) at its 2015 Fall Administrative Law Conference. The new blog will combine contributors from both […]