Author: Jace Lington
-
New EPA rule would clarify federal jurisdiction over waters of the United States
The Environmental Protection Agency (EPA) and the Army Corps of Engineers issued a proposed rule under the Clean Water Act (CWA) that would distinguish water subject to federal regulation from water subject to state and tribal jurisdiction. The rule, published on February 14, 2019, revises definitions of “waters of the United States” established in 1986…
-
CRA resolution would undo rule that expanded short-term health insurance plans
On February 6, 2019, a resolution was introduced in the U.S. House of Representatives to restrict the market for short-term, limited-duration health insurance plans. Under a rule, effective October 2, 2018, insurers were allowed to sell short-term, limited-duration plans with a maximum coverage period of fewer than 12 months. Before the new rule, those plans…
-
Bill requiring congressional approval of major administrative agency action reintroduced
A bill requiring congressional approval of major agency regulations before they go into effect was reintroduced U.S. Senator Rand Paul (R-Ky.). The Regulations from the Executive in Need of Scrutiny Act (REINS), a proposal designed to amend the Congressional Review Act (CRA) of 1996, defines major regulations as those that have financial impacts on the…
-
Administrative state cases bring unpredictable partisan splits at U.S. Supreme Court
The contemporary U.S. Supreme Court often divides along partisan lines. In Oil States Energy Services v. Greene’s Energy Group — a 2017 term case questing whether an administrative tribunal violated Article III of the U.S. Constitution — partisan lines weren’t so predictable. Neil Gorsuch and John Roberts were the only dissenting voices from an opinion…
-
Under new federal rule, employers no longer required to submit privacy-violating info about employees to OSHA
On January 24, the Occupational Safety and Health Administration (OSHA), an agency within the Department of Labor, published a rule protecting worker privacy by keeping sensitive details about workers’ injuries away from the Freedom of Information Act (FOIA) process. Companies will still have to keep detailed records of employee injuries and illnesses, but will only…
-
Trump administration asks U.S. Supreme Court to decide census citizenship question case early
On January 22, United States Solicitor General Noel Francisco filed a petition asking the U.S. Supreme Court to review a decision made by the United States District Court for the Southern District of New York. The district court ruled on January 15 that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act (APA) by including…
-
Federal Judge issues nationwide injunction against Trump administration contraception rules
A day after a federal judge in California enjoined new contraception rules in 13 states and Washington, D.C., a federal judge in Pennsylvania issued a nationwide injunction. The Departments of Health and Human Services, Treasury, and Labor announced the two final rules on contraception in November 2018. According to the agencies, those rules provide flexibility…
-
Federal judge blocks Trump contraception rules
On January 13, 2019, Federal Judge Haywood Gilliam blocked Trump administration contraception rules from going into effect in Washington, D.C., and thirteen states. The plaintiff states are challenging two final rules announced by the Departments of Health and Human Services, Treasury, and Labor in November 2018. According to the agencies, those rules provide flexibility to…
-
Donald Trump nominates acting EPA Administrator Andrew Wheeler to permanent position
On January 9, President Donald Trump nominated acting Environmental Protection Agency (EPA) Administrator Andrew Wheeler to lead the agency. Wheeler took over as EPA administrator on an interim basis when Scott Pruitt resigned on July 5, 2018. The Environment and Public Works Committee of the U.S. Senate will hold a hearing on Wheeler’s nomination on…
-
Government shutdown delays comment period for Trump administration’s “Waters of the U.S.” proposal
The federal government shutdown has delayed a comment period for a proposed rule that the Environmental Protection Agency (EPA) announced in December. The rule would replace the Clean Water Act’s definition of “waters of the United States” set by the Obama administration in 2015. The EPA aims to clarify the difference between federally-protected waterways and…