The Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) seeks comment on a proposed rule regarding the scope of waters regulated by the Clean Water Act (CWA). The rules are the result of two recent U.S. Supreme Court cases, U.S. v. Riverside Bayview, Rapanos v. United States (“Rapanos”) and Solid Waste […]
The U.S. Department of Transportation (“DOT”) invites public comment on a notice of proposed rulemaking (“NPRM”) issuing several proposals aimed at improving the air travel environment of consumers in order to prohibit unfair or deceptive practices in air transportation. (49 U.S.C. 41712). The DOT seeks to reinforce the rights of air travelers when they purchase […]
Since the original serving size regulations passed in 1993, the size of food portions noticeably increased. The Food and Drug Administration’s proposed rule will revise serving sizes to reflect current consumption data and offer serving size information on nutrition facts labels “that will help [consumers] maintain healthy dietary practices.” This proposed rule has three main […]
Please join us June 3, 2014 from 12:00 – 1:30 p.m. for a brown bag lunch on the latest federal sector developments at the Equal Employment Opportunity Commission, Office of Federal Operations. This event is co-sponsored by the Sections of Administrative Law and Regulatory Practice and Government Operations and Personnel Committee. Guests will include Joel […]
The Securities and Exchange Commission (“SEC”), per the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), pursuant to the Securities Exchange Act of 1934 (“Exchange Act”), proposes new recordkeeping, reporting, and notification requirements for security-based swap dealers (“SBSDs”) and major security-based swap participants (“MSBSPs”), an additional capital charge provision, and technical amendments to […]
On February 27 and 28, 2014, New York University School of Law hosted a symposium on “New Approaches to International Regulatory Cooperation,” featuring a mix of academics, government officials, and practitioners. Co-sponsors were the Atlantic Council, the U.S. Chamber of Commerce, and the ABA Section of Administrative Law & Regulatory Practice. Following up on the […]
The Bureau of Indian Affairs (“BIA”) proposes a rule that would remove a provision in the Department of Interior’s (“DOI’s”) “land-into-trust regulations” that excludes “land acquisitions in trust” in Alaska “from the scope of the regulations. . . . .” Section 5 of the Indian Reorganization Act (“IRA”), allows the Secretary of the Interior (“Secretary”) […]
The United States Department of State (“DOS”) issued an interim final rule amending regulations to implement Section 1078 of the National Defense Authorization Act of 2013 (“NDAA”); and seeks input on changing the availability of Public Diplomacy Program Materials in the United States. U.S. public diplomacy outreach includes communications with foreign audiences abroad through Program […]
Notice and Comment Blogger Nina Hart recently had the opportunity to interview Sally Katzen, the former head of the Office of Information & Regulatory Affairs (OIRA) during the Clinton Administration. Below she shares insight on her administrative law experience and lessons in leadership. An Unexpected Path Sally Katzen says that her path to law school […]
Good morning, As Chair of the ABA’s Section of Administrative Law & Regulatory Practice, I would like to invite you to register and join us this week for ourSPRING CONFERENCE on Friday, April 25, 2014. The program will be held at the Grand Hyatt Buckhead in Atlanta, Georgia. Please see the attached agenda and announcement below. Registration for the […]
The Federal Communications Commission (FCC) seeks comment on a proposed rule relating to the timing and different aspects of implementing text-to-911. Given the FCC’s core mission of “promoting the safety of life and property of the American public through the use of wire and radio communications,” it has a vested interest in ensuring that the […]
On April 17, 2014, the Section Government Personnel Committee will host a brown bag lunch on the latest developments at the Merit Systems Protection Board, including a review of significant cases decided in the last year. Confirmed panelists include: Bryan G. Polisuk, General Counsel, MSPB Ronald J. Weiss, Administrative Judge, Office of Regional Operations, MSPB […]
The Commerce Department’s (“DOC’s”) Bureau of Industry and Security (“BIS”) issued a proposed rule to amend regulations regarding support documents required for license application submissions under the Export Administration Regulations (“EAR”) and changes to BIS’s role in issuing documents for the Import Certificate and Delivery Verification system. The Export Administration Act of 1979 (“EAA”) has […]
The Pension Benefit Guaranty Corporation (“PBGC”) proposes to amend its regulations to offer direction on Title IV treatment of rollovers. In expectation of greater use of rollovers and as a part of its efforts to promote retirement security, the PBGC proposes a rule to guide the treatment of rollovers from defined contribution plans to defined […]
Meet Lisa Heinzerling, Justice William J. Brennan, Jr., Professor of Law, at Georgetown University Law Center. Below, Prof. Heinzerling shares her experiences in administrative law and her thoughts on OIRA and federal agencies. 1. What led you to a career in law? How did you become interested in studying and teaching administrative law? I studied […]