Two recent cases of interest deserve at least a summary review – the vacation of an Environmental Protection Agency (EPA) rule that deferred regulation and permitting of some carbon dioxide emissions in scientific uncertainty and rejection of a Securities and Exchange Commission (SEC) rule on whistleblowers in private litigation.
The Senate has avoided a “nuclear” confrontation over several pending appointments, including the appointments of all five members of the NLRB.
How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the federal courts of appeals and at various stages before the Board?
President Barack Obama’s recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau have been a source of conflict since the very day he made them. But now, months later, it appears we’re nearing some form of resolution. Reports indicate the White House and Senate have struck a deal to avert what Senate Republicans have called the “nuclear option” for avoiding a vote on Obama’s appointees to the NLRB, CFPB and other positions. Joining me to explain the deal and its impact is Kyle Gilster, Partner with Husch Blackwell in Washington, DC.