SCOTUS Argument Preview: Must Agencies Use Notice and Comment Rulemaking to Change Interpretation

By | Federal Regulations Advisor | November 25, 2014
SCOTUS Argument Preview:  Must Agencies Use Notice and Comment Rulemaking to Change Interpretation

Next Monday, the United States Supreme Court (SCOTUS) will hear argument in Perez v. Mortgage Bankers Association, No. 13-1041, asking whether a federal agency must engage in advance notice and public comment rulemaking pursuant to the Administrative Procedure Act (APA) before it can significantly alter an established interpretive rule articulating the agency’s interpretation of an agency regulation.

Industry Recommends Market Solutions for Privacy, Cybersecurity, and Law Enforcement Access Challenges for the Internet of Things

By | Focus on Regulation | November 24, 2014
Industry Recommends Market Solutions for Privacy, Cybersecurity, and Law Enforcement Access Challenges for the Internet of Things

The Internet of Things raises new concerns about privacy, security and law enforcement access.  Rather than develop new rules for new devices, industry experts convened during the 2014 Winnik International Telecoms & Internet Forum recommended allowing the market to try solve these challenges before the government steps in.

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County to Bankruptcy

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County to Bankruptcy

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other “high-intensity petroleum operations,” including acid well stimulation and cyclic steam injection.

Monday Morning Regulatory Review: POTUS Immigration Reform; Obamacare Subsidies Docket Clearing; Conflict Minerals Redux; And Drones Predux

By | Federal Regulations Advisor | November 23, 2014
Monday Morning Regulatory Review:  POTUS Immigration Reform; Obamacare Subsidies Docket Clearing; Conflict Minerals Redux; And Drones Predux

President Obama (POTUS) finally moved last week to alter immigration policy by signing an executive order and issuing two memoranda, and amid all the political debate over the action, some legal questions need serious answers.