Tag: administrative state
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Trump vetoes CRA resolution that aimed to block student loan rule
On May 29, President Trump vetoed a resolution passed under the Congressional Review Act (CRA) to block a U.S. Department of Education (DOE) rule related to government forgiveness of certain student loan debt. Congress would now have to override his veto to block the rule. In his veto message, Trump said, “Whereas the last administration…
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Unanimous U.S. Supreme Court rejects appointments clause challenge to Puerto Rican debt board
On June 1, a unanimous U.S. Supreme Court ruled that the Appointments Clause of the U.S. Constitution does not require members of the Puerto Rican Financial Oversight and Management Board (FOMB) to face confirmation by the U.S. Senate. The Appointments Clause gives the president authority to appoint officers of the United States, subject to confirmation…
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OIRA reviewed 56 significant rules in May
The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 56 significant regulatory actions issued by federal agencies in May 2020. The agency approved 13 rules without changes and approved the intent of 40 rules while recommending changes to their content. Agencies withdrew three rules from the review process. OIRA reviewed…
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Group of states and cities sue Trump administration over rollback of Obama administration fuel efficiency standards
A group of 23 states, 4 cities, and the District of Columbia are challenging in court Trump administration efforts to change federal fuel efficiency requirements established by the Obama administration. On May 27, the group filed a lawsuit in the United States Court of Appeals for the D.C. Circuit asking the court to review new…
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Federal Register weekly update; smallest weekly final rule total since first week of January
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 regulatory activity. From May 25 to May 29, the Federal Register grew by 1,620 pages for a year-to-date total of 32,976 pages. Over the same…
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New regulation allows U.S. Secretary of Labor to overturn agency appeal decisions
New regulations from the U.S Department of Labor (DOL) might allow the public to hold the agency more accountable for decisions it makes during adjudication. On May 20, Secretary of Labor Eugene Scalia published a final rule that establishes a system allowing him to review cases decided by the agency Administrative Review Board (ARB) and…
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Trump executive order aims to protect procedural rights in agency adjudication
President Donald Trump (R) on May 19 issued an executive order aimed at providing regulatory relief to spur economic recovery from the coronavirus pandemic. In addition to targeted regulatory actions, the order also contains provisions that seek to promote economic recovery by safeguarding procedural rights and ensuring fairness in agency adjudication and enforcement. The order…
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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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Federal Register weekly update; 2020 page total passes 31,000 pages
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 regulatory activity. From May 18 to May 22, the Federal Register grew by 1,766 pages for a year-to-date total of 31,356 pages. Over the same…
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FEC regains quorum to enforce campaign finance laws
The Federal Election Commission’s (FEC) nearly nine-month period without a functioning quorum came to a close on Tuesday when the United States Senate voted 49-43 along party lines to confirm Republican attorney Trey Trainor as the commission’s newest member. Trainor’s confirmation created the quorum of members necessary for the FEC to oversee campaign finance disclosures,…