Today, the U.S. Court of Appeals issued an interesting decision in a case involving the “unit of prosecution,” a doctrine well-known in criminal enforcement but less frequently raised in civil regulatory enforcement. In National Association of Home Builders v. OSHA, No. 09-1053, three trade associations had challenged the Secretary of Labor’s amendment of regulations under […]

This blog is intended to deliver content that is timely, interesting, and useful (or at least some combination thereof) on all fields of regulatory practice and administrative law and procedure. Although the primary focus will be U.S. law at all levels of government, Arbitrary and Capricious will also present items involving foreign substantive and procedural […]