Author: Jace Lington
-
Council on Environmental Quality extends comment period for new greenhouse gas emissions guidance
On July 24, the White House Council on Environmental Quality (CEQ) gave the public more time to comment on new guidance related to how federal agencies should address greenhouse gas emissions. The guidance tells agencies to focus on the reasonably foreseeable environmental consequences of major actions. It also tells agencies that they do not have…
-
Idaho governor announces new regulatory processes, plans to simplify Idaho regulations
On July 25, Idaho Governor Brad Little announced four changes to the state rulemaking process: The state will post all notices and schedules for public hearings during the rulemaking process on one website. Citizens may now subscribe to a state newsletter informing them when new rules are published. Agencies will have to include a cover…
-
Resolutions aim to restore state and local tax deduction via the Congressional Review Act
Congressional Review Act (CRA) resolutions introduced in both houses of Congress on July 16 aim to allow states and local governments to let taxpayers donate more to charity in exchange for paying less in state and local taxes. The resolutions would repeal an Internal Revenue Service (IRS) regulation designed to prevent states and local governments…
-
President Trump to nominate Eugene Scalia to lead U.S. Department of Labor
President Trump announced on July 18, 2019, that he would pick lawyer Eugene Scalia to replace Alexander Acosta as secretary of labor. Scalia is son of the late U.S. Supreme Court Justice Antonin Scalia and was responsible for all Labor Department litigation and legal advice on rulemakings and administrative law during George W. Bush’s presidency.…
-
Trump administration asks court to uphold restrictions on presidential authority over housing agency
In a July 9, 2019, letter, the Federal Housing Finance Agency (FHFA) asked the Fifth Circuit Court of Appeals to uphold for-cause removal protections, which limit the circumstances in which presidents can remove the heads of agencies. The FHFA told the court that the agency’s new director had reconsidered the constitutionality of the agency’s structure.…
-
U.S. Supreme Court upholds deference to agency interpretations of regulations, lays out limitations
In Kisor v. Wilkie, the U.S. Supreme Court upheld Auer deference while restating the limited circumstances in which the administrative law principle applies. A principle of judicial review, Auer deference requires a federal court to yield to an administrative agency’s interpretation of an ambiguous regulation that the agency has promulgated. The ruling in the…
-
Wisconsin Supreme Court rules against Superintendent of Public Instruction, affirming the legislature can control how agencies make rules
In Koschkee v. Taylor, the Supreme Court of Wisconsin ruled 4-2 that the DPI must submit new rules to the governor for approval before they go into effect, affirming the state REINS Act, which requires new rules be sent to the governor before they can go into effect. Governor Tony Evers (D), then the…
-
U.S. Supreme Court sends deference case back to 4th Circuit
In PDR Network, LLC v. Carlton & Harris Chiropractic Inc., the U.S. Supreme Court ruled 9-0 that the 4th Circuit Court of Appeals needed to answer several questions before it could decide whether the Hobbs Act requires district courts to uphold agency interpretations of certain laws. Justice Stephen Breyer wrote the majority opinion, which…
-
U.S. Supreme Court declines 5-3 to resuscitate nondelegation doctrine; Justice Gorsuch strongly dissents
In Gundy v. United States, the U.S. Supreme Court ruled 5-3 that the Sex Offender Registration and Notification Act (SORNA) did not violate the nondelegation doctrine, the constitutional principle forbidding Congress from delegating its legislative powers to the executive. Justice Elena Kagan’s majority opinion noted that the court has only declared delegations of authority…
-
U.S. Senators Lee and Hawley propose increasing presidential control of agency officials
U.S. Senators Mike Lee (R-Utah) and Josh Hawley (R-Mo.) introduced a bill that would give presidents more control over the administrative state. The Take Care Act, introduced on June 5, 2019, would repeal limitations on the president’s authority to remove Senate-confirmed officials in the executive branch and at independent agencies. The bill aims to make…