Caitlin Styrsky – Page 3 – Ballotpedia News

August 15, 2021 at 9:41 AM

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s overall regulatory activity, accounting for both regulatory and deregulatory actions.

From August 9 through August 13, the Federal Register grew by 1,392 pages for a year-to-date total of 44,772 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 540 documents:

414 notices
Six presidential documents
56 proposed rules
64 final rules

Six proposed rules and seven final rules were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 34 significant proposed rules, 35 significant final rules, and one significant notice as of August 13.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Click below to find more information about weekly additions to the Federal Register in 2020, 2019, 2018, and 2017.

Federal Register weekly update: Thirteen significant documents added

By Caitlin Styrsky

In Federal

August 10, 2021 at 12:26 PM

Photo of the White House in Washington, D.C.

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s overall regulatory activity, accounting for both regulatory and deregulatory actions.

From August 2 through August 6, the Federal Register grew by 2,000 pages for a year-to-date total of 43,380 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 499 documents:

394 notices
No presidential documents
38 proposed rules
67 final rules

Four proposed rules and nine final rules were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 28 significant proposed rules, 28 significant final rules, and one significant notice as of August 6.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Click here to find more information about weekly additions to the Federal Register in 2020, 2019, 2018, and 2017: Changes to the Federal Register

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2019: Historical additions to the Federal Register, 1936-2019

OIRA reviewed 43 significant rules in July

By Caitlin Styrsky

In Federal

August 5, 2021 at 7:03 PM

The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 43 significant regulatory actions issued by federal agencies in July 2021. The agency approved no rules without changes and approved the intent of 38 rules while recommending changes to their content. Five rules were withdrawn from the review process.

OIRA reviewed 73 significant regulatory actions in July 2020, 51 significant regulatory actions in July 2019, 36 significant regulatory actions in July 2018, and 19 significant regulatory actions in July 2017. During the Obama administration from 2009-2016, OIRA reviewed an average of 53 significant regulatory actions each July.

OIRA has reviewed a total of 308 significant rules in 2021. The agency reviewed a total of 676 significant rules in 2020, 475 significant rules in 2019, 355 significant rules in 2018, and 237 significant rules in 2017.

As of August 2, 2021, OIRA’s website listed 65 regulatory actions under review.

OIRA is responsible for reviewing and coordinating what it deems to be all significant regulatory actions made by federal agencies, with the exception of independent federal agencies. Significant regulatory actions include agency rules that have had or may have a large impact on the economy, environment, public health, or state and local governments and communities. These regulatory actions may also conflict with other regulations or with the priorities of the president.

Every month, Ballotpedia compiles information about regulatory reviews conducted by OIRA. To view this project, visit:

https://ballotpedia.org/Completed_OIRA_review_of_federal_administrative_agency_rules

Additional reading:

Federal Register weekly update: Highest weekly significant document total so far in 2021

By Caitlin Styrsky

In Federal

August 3, 2021 at 2:47 AM

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s overall regulatory activity, accounting for both regulatory and deregulatory actions.

From July 26 through July 30, the Federal Register grew by 1,442 pages for a year-to-date total of 41,380 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 583 documents:

444 notices
six presidential document
70 proposed rules
63 final rules

Two proposed rules, four final rules, and one notice were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 24 significant proposed rules, 19 significant final rules, and one significant notice as of July 30.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Click here to find more information about weekly additions to the Federal Register in 2020, 2019, 2018, and 2017: Changes to the Federal Register

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2019: Historical additions to the Federal Register, 1936-2019

Federal Register weekly update: Highest weekly page total of 2021 to date

By Caitlin Styrsky

In Federal

July 27, 2021 at 10:55 AM

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s overall regulatory activity, accounting for both regulatory and deregulatory actions.

From July 19 through July 23, the Federal Register grew by 2,048 pages for a year-to-date total of 39,938 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 577 documents:

456 notices

four presidential document

45 proposed rules

72 final rules

No proposed or final rules were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 22 significant proposed rules and 15 significant final rules as of July 23.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Click here to find more information about weekly additions to the Federal Register in 2020, 2019, 2018, and 2017: Changes to the Federal Register

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2019: Historical additions to the Federal Register, 1936-2019

Federal Register weekly update: DHS reopens public comment on human trafficking victim classification

By Caitlin Styrsky

In Federal

July 19, 2021 at 10:25 PM

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s overall regulatory activity, accounting for both regulatory and deregulatory actions.

From July 12 through July 16, the Federal Register grew by 1,408 pages for a year-to-date total of 37,890 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 452 documents:

355 notices
one presidential document
21 proposed rules
75 final rules

One final rule from the U.S. Department of Homeland Security (DHS) reopening the public comment period on the agency’s proposed T-nonimmigrant classification for human trafficking victims was deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 22 significant proposed rules and 15 significant final rules as of July 16.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Click here to find more information about weekly additions to the Federal Register in 2020, 2019, 2018, and 2017: Changes to the Federal Register

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2018: Historical additions to the Federal Register, 1936-2019

Wisconsin Supreme Court affirms agency authority to regulate state water resources

By Caitlin Styrsky

In State

July 19, 2021 at 10:16 PM

The Wisconsin Supreme Court on July 8 issued decisions in two environmental cases that had pitted the state legislature against the state Department of Natural Resources (DNR) in a disagreement over which government entity has the authority to regulate water pollution and irrigation practices. In both cases, the court held 4-2 that the DNR is authorized to restrict permits in order to protect the state’s water resources.

The pair of cases, both initiated by Clean Wisconsin Inc. and Pleasant Lake Management District, centered on Wisconsin Act 21—a 2011 law that limits state agency authority by prohibiting state agencies from taking actions not specifically authorized by the state legislature.

The first case concerned an administrative law judge’s (ALJ) order that the DNR limit the size of a dairy herd causing nearby groundwater contamination. The DNR under then-Governor Scott Walker (R) did not enforce the ALJ’s directive, arguing that Act 21 prohibited the agency from carrying out the order.

A Dane County Circuit Court judge in 2016 affirmed the DNR’s authority to limit the size of the dairy herd to address water pollution. The DNR appealed the decision to the Wisconsin Supreme Court. The current DNR under Governor Tony Evers (D) changed its position and had since claimed regulatory authority in the case.

The Wisconsin Supreme Court upheld the circuit court’s decision. Writing for the majority, Justice Jill Karofsky stated, “we conclude that an agency may rely upon a grant of authority that is explicit but broad when undertaking agency action, and such an explicit but broad grant of authority complies with [Act 21].”

In the second case, challengers sued the DNR seeking stricter enforcement of regulations regarding large-scale water withdrawals for irrigation. Challengers claimed that the agency failed to consider the cumulative negative impact on water levels in nearby lakes and streams when it issued permits for nine high-capacity wells. As in the previous case, the DNR argued that Act 21 prevented the agency from considering the cumulative impact of the new wells.

The Wisconsin Supreme Court again affirmed the circuit court’s decision in the case, holding that the DNR erroneously claimed that it lacked regulatory authority. Writing for the majority, Justice Rebecca Dallet stated, “The DNR’s authority to consider the environmental effects of proposed high capacity wells, while broad, is nevertheless explicitly permitted by statute.”

Chief Justice Annette Ziegler joined Justices Ann Walsh Bradley, Rebecca Dallet and Jill Karofsky in both majority opinions. Justice Brian Hagedorn did not participate in the case.

Justices Rebecca Bradley and Patience Roggensack dissented, arguing in part: “Elevating its environmental policy preferences over the legislature’s prerogative to reclaim its constitutional authority, the majority distorts the plain language of [Act 21] to achieve its own ends.”

Additional reading:

The Checks and Balances Letter: May 2021

Federal Register weekly update: Lowest number of final rules added since April

By Caitlin Styrsky

In Federal

July 9, 2021 at 4:46 PM

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s overall regulatory activity, accounting for both regulatory and deregulatory actions.

From July 5 through July 9, the Federal Register grew by 1,100 pages for a year-to-date total of 36,482 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 421 documents:

• 342 notices

• four presidential documents

• 27 proposed rules

• 48 final rules

One proposed rule from the Occupational Safety and Health Administration regarding the agency’s proposed Hazard Communication Standard was deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 22 significant proposed rules and 14 significant final rules as of July 9.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Click here to find more information about weekly additions to the Federal Register in 2020, 2019, 2018, and 2017: Changes to the Federal Register

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2018: Historical additions to the Federal Register, 1936-2019

Federal Register weekly update: Highest weekly proposed rule total since April

By Caitlin Styrsky

In Federal

July 2, 2021 at 2:36 PM

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s overall regulatory activity, accounting for both regulatory and deregulatory actions.

From June 28 through July 2, the Federal Register grew by 1,530 pages for a year-to-date total of 35,382 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 612 documents:

482 notices
two presidential documents
55 proposed rules
73 final rules

No proposed or final rules were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 21 significant proposed rules and 14 significant final rules as of July 2.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Additional reading:

Click here to find more information about weekly additions to the Federal Register in 2020, 2019, 2018, and 2017:

Click here to find yearly information about additions to the Federal Register from 1936 to 2018:

OIRA reviewed 32 significant rules in June

By Caitlin Styrsky

In Federal

July 2, 2021 at 11:21 AM

The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 32 significant regulatory actions issued by federal agencies in June 2021. The agency approved two rules without changes and approved the intent of 29 rules while recommending changes to their content. One rule was withdrawn from the review process.

OIRA reviewed 72 significant regulatory actions in June 2020, 37 significant regulatory actions in June 2019, 40 significant regulatory actions in June 2018, and 18 significant regulatory actions in June 2017. During the Obama administration from 2009-2016, OIRA reviewed an average of 47 significant regulatory actions each June.

OIRA has reviewed a total of 265 significant rules in 2021. The agency reviewed a total of 676 significant rules in 2020, 475 significant rules in 2019, 355 significant rules in 2018, and 237 significant rules in 2017.

As of July 1, 2021, OIRA’s website listed 59 regulatory actions under review.

OIRA is responsible for reviewing and coordinating what it deems to be all significant regulatory actions made by federal agencies, with the exception of independent federal agencies. Significant regulatory actions include agency rules that have had or may have a large impact on the economy, environment, public health, or state and local governments and communities. These regulatory actions may also conflict with other regulations or with the priorities of the president.

Every month, Ballotpedia compiles information about regulatory reviews conducted by OIRA. To view this project, visit: Completed OIRA review of federal administrative agency rules

Additional reading: