Tag: administrative state
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OIRA reviewed 43 significant rules in April
The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 43 significant regulatory actions issued by federal agencies in April 2020. The agency approved eight rules without changes and approved the intent of 31 rules while recommending changes to their content. Agencies withdrew two rules from the review process. One rule…
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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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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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USPS named America’s favorite government agency according to Pew survey
A Pew Research Center survey released on April 9 found that 91 percent of Americans have a favorable opinion of the United States Postal Service (USPS), earning it the title of America’s favorite government agency. The survey also found that USPS and the Internal Revenue Service (IRS) were the only agencies to receive similar favorability…
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New York sues U.S. Department of Labor
On April 14, New York Attorney General Letitia James filed a lawsuit against the U.S. Department of Labor (DOL) arguing that it violated the terms of the Families First Coronavirus Response Act (FFCRA) with a new temporary rule. James asked the United States District Court for the Southern District of New York to block that…
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Federal Register weekly update; highest weekly presidential document total of 2020 to date
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 April 6 to April 10, the Federal Register grew by 1,308 pages for a year-to-date total of 20,384 pages. Over the same…
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President Trump removes head of the Pandemic Response Accountability Committee
On April 6, Glenn Fine, the acting inspector general for the U.S. Department of Defense (DOD), lost his leadership position on the Pandemic Response Accountability Committee (PRAC) when President Donald Trump replaced him with Sean O’Donnell, the inspector general for the Environmental Protection Agency (EPA). Trump asked O’Donnell to serve as inspector general of the…
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Federal court dismisses challenge to Trump regulatory budget executive order
On April 2, a federal judge ruled that a group of states lacked standing to challenge Executive Order 13771, which established a regulatory budget including a requirement that agencies eliminate two old regulations for each new regulation issued. Judge Randolph D. Moss, an Obama appointee serving on the United States District Court for the District…
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Inspectors General assembled to oversee CARES Act spending
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, created a committee of inspectors general to provide oversight of over $2 trillion available in response to the Coronavirus crisis. The committee, called the Pandemic Response Accountability Committee (PRAC), has the responsibility to promote transparency and to prevent and…
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Federal Register weekly update; agency rulemaking continues despite coronavirus outbreak
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 March 30 to April 3, the Federal Register grew by 1,604 pages for a year-to-date total of 19,076 pages. Over the same…