Regulatory Transactions

From: Power Magazine

Sonal Patel

The Environmental Protection Agency (EPA) must halt its drive to help states supportive of the Clean Power Plan to comply with the rule because it defies the Supreme Court stay, the attorneys general for West Virginia and Texas have urged the agency.

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Morrisey and Paxton specifically urged the EPA to cease action on the Clean Energy Incentive Program (CEIP)—a voluntary program for states to incentivize renewable and energy efficient projects—and non-final model carbon trading rules. The agency in late April sent proposed details of the CEIP to the White House Office of Management and Budget (OMB) for review. Congressional Republicans are also grilling the agency on the legal basis for proceeding with the regulatory proposal to implement the CEIP.

From: Ballard Spahr

By Barbara S. Mishkin

The American Bankers Association has sent a comment letter to the CFPB challenging the Bureau’s use of the generic clearance process to conduct research in connection with its overdraft rulemaking.  The letter was submitted in response to the CFPB’s request for approval from the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) of an existing generic clearance “to collect quantitative data on effective strategies and consumer experiences….” (Qualitative Consumer Education Generic Clearance).

Via: KTIC Radio

BY DTN/Progressive Farmer

New regulations that would require pesticide makers to begin submitting more data to the Environmental Protection Agency (EPA) on how their products affect pollinators are set to be proposed before President Barack Obama leaves office.

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EPA plans to formally propose the rule in January, according to the Office of Information and Regulatory Affairs (OIRA) May 18 regulatory agenda update.

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From: BNA/Daily Labor Report

By Ben Penn

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Uptick in Litigation?

At a certain point, attorneys will switch their focus from outreach to enforcement, but the exact timing is up for debate.

For starters, the number of days between the rule’s publication and effective date is not known. The DOL must provide a minimum of 60 days by law, but OMB officials have been querying stakeholders at recent meetings about the amount of time it would take a company to comply. This has led to speculation that a lengthier period of time could be under consideration.

From: The Hill

By Lydia Wheeler

The White House has some big decisions to make before signing off on the Labor Department’s widely contested rule to expand overtime pay, one of the biggest regulatory initiatives of President Obama’s second term.

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Groups have flocked to the White House Office of Information and Regulatory Affairs (OIRA) to ask for last-minute changes to the rule, which was submitted for final review on March 14. The White House office held 22 meetings on the proposal in April, according to its calendar, and groups say more meetings are planned this week.

From: The National Law Review

Teresa L. Jakubowski

On April 29, 2016, the U.S. Department of Justice announced that it has withdrawn its Notice of Proposed Rulemaking (NPRM) under Title II of the Americans with Disabilities Act (ADA) to address accessibility requirements for web information and services of state and local government entities. The proposed rulemaking had been undergoing review at the Office of Information and Regulatory Affairs, a part of the Office of Management and Budget, pursuant to Executive Order 12866 since July 2014. Instead, the Department is issuing a Supplemental Advance Notice of Proposed Rulemaking (SANPRM) seeking additional public comment. Public comments will be accepted for 90 days from the date the SANPRM is published in the Federal Register, which has not occurred to date.