Author: Jace Lington
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Trump executive order targets regulations waived during pandemic for potential permanent repeal
On May 19, President Trump issued an executive order directing federal agencies to remove regulatory barriers to economic activity as part of a coronavirus pandemic recovery effort. The order specifically directs agency leaders to determine whether regulations modified or waived during the pandemic should be repealed permanently. It also encourages agencies to use emergency powers…
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COVID-19 might allow 117th Congress to block more Trump administration regulations
The coronavirus pandemic might give opponents of the Trump administration more opportunities to fight agency actions taken in the remaining months of 2020. Under the Congressional Review Act (CRA), a new Congress has 75 legislative days to overturn agency rules issued in the last 60 days of a prior session of Congress. COVID-19 led congressional…
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Maine lawsuit challenges whether voters can overturn state agency orders
A new lawsuit asks whether the Maine Constitution allows citizens to use ballot initiatives to reverse agency orders. On May 12, Avangrid Networks, Inc. asked the Cumberland County Superior Court to block a ballot initiative that aims to overturn a Maine Public Utilities Commission (PUC) decision to grant Central Maine Power Company (CMP) a permit…
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10th Circuit upholds ATF redefinition of “machinegun” that banned bump stocks, citing Chevron deference
On May 7, a panel of judges on the United States Court of Appeals for the Tenth Circuit ruled that an ATF redefinition of machinegun that banned bump stocks did not violate Article I of the U.S. Constitution. Plaintiffs argued that since Congress had not banned bump stocks by law, the ATF and DOJ lacked…
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U.S. Supreme Court agrees to hear case about judicial review of IRS regulations
On May 4, the U.S. Supreme Court agreed to hear CIC Services, LLC v. Internal Revenue Service, which asks whether a law that blocks preemptive lawsuits against tax collection applies to potentially unlawful regulations issued by agencies that are not taxes. Plaintiff CIC Services, LLC argues citizens should be able to “challenge illegal regulations in…
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U.S. Supreme Court decision in County of Maui v. Hawaii Wildlife Fund signals uncertain future for Chevron deference
A recent U.S. Supreme Court case suggests that the court will not rely on Chevron deference as much as it had in the past. On April 23, the U.S. Supreme Court issued an opinion that did not rely on the deference doctrine in a case involving ambiguous legal language. Chevron deference is an administrative law…
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New definition of “waters of the United States” reins in federal control of water pollution
On April 21, the Trump administration implemented its new definition of waters that fall within the scope of those regulated under the Clean Water Act (CWA). The new waters of the United States (WOTUS) definition narrows federal jurisdiction over intrastate waters as well as groundwater, roadside ditches, converted cropland, stormwater controls, and waste treatment systems.…
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U.S. Supreme Court limits judicial review in patent cases
On April 20, the U.S. Supreme Court limited when people may challenge in court certain agency decisions related to patents. In _Thryv, Inc. v. Click-To-Call Technologies, LP_ the court ruled 7-2 that judges may not review decisions made by the Patent Trial and Appeal Board (PTAB) about whether the time limit had passed for challenging…
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HHS will not penalize telehealth providers for HIPAA violations during coronavirus emergency
On April 21, the Office of Civil Rights within the U.S. Department of Health and Human Services (HHS) issued a final rule announcing that it would not penalize health care providers using telehealth services in good faith during the COVID-19 public health emergency. Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), some…
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Arkansas Supreme Court limits judicial deference to state agencies
An April 9 Arkansas Supreme Court ruling limited how much deference agency interpretations of law would receive in the future. The court ruled in Meyers v. Yamato Kogyo Co. that the court should determine the meaning of state laws for itself and should not defer to state agency interpretations. Justice Shawn Womack delivered the opinion…