Over at RegBlog (an indispensable resource for those interested in regulatory policy), Lewis & Clark Law Professor William Funk comments on the stakes in the Sackett case: Many environmentalists fear that a decision by the Court in favor of the Sacketts would hamstring environmental enforcement, on the theory that if defendants may delay compliance during […]
Archive | Administrative Law
Sackett Oral Argument
At SCOTUSBlog, Lyle Denniston characterizes the oral argument in Sackett v. EPA as “A Weak Defense of EPA.” Perhaps that’s because the EPA’s position, applied in this case, is difficult to square with traditional notions of due process. Denniston highlights one passage of the oral argument (transcript) that highlighted the nature of the government’s position: […]
Sackett v. EPA
Today the Supreme Court hears oral argument in Sackett v. EPA, a challenge to the federal government’s claim that landowners (and other regulated entities) may not obtain pre-enforcement review of an administrative compliance order under the Clean Water Act. I previewed the case before. Here is how the WSJ reports on the case this morning: […]
House Passes REINS Act, President Promises Veto
Yesterday, the House passed the REINS Act on an almost exclusively party-line vote, 241-184. All the House Republicans voted for the bill, as did four Democrats. Thought the bill passed the House, it’s not about to be enacted into law. The Senate is unlikely to take up the bill and President Obama has promised to […]
Going Off the Rails Against the REINS Act
Today the House of Representatives is expected to vote on the REINS Act, a bill to enhance political accountability over regulatory decisions. The bill has two essential features. First, it bars new “major” regulations (those anticipated to cost more than $100 million annually) from taking effect unless approved by both houses of Congress. Second, it […]
Auer Deference on the Docket
Among this morning’s cert grants was Christopher v. SmithKline Beecham Corp., in which the Court will have to determine whether pharmaceutical sales representatives are subject to the “outside sales” exemption from the Fair Labor Standards Act’s overtime requirements. At first glance, Christopher may seem like a rather pedestrian labor law case. Don’t be fooled. Christopher has […]
The IRS Wants to Give Tax Credits for Health Insurance Purchases Beyond Those Provided for in the ACA
By Jonathan H. Adler on September 9, 2011 11:43 am in Administrative Law, Federalism, Health Care, Insurance Exchanges, Regulation
The Internal Revenue Service is beginning to promulgate regulations to implement the tax-related provisions of the Affordable Care Act (aka “ObamaCare”). A proposed rule issued last month provides that eligible taxpayers may receive tax credits for the purchase of qualifying health insurance plans established by states under Section 1311 or by the federal government under […]
Has the FDA Declared War on Supplements?
Just before the holiday weekend, the Food & Drug Administration issued a new draft guidance on when dietary supplement makers must file “New Dietary Ingredient” notifications and what such notifications must require. This has the supplement industry up in arms, as they fear the guidance could effectively eliminate most dietary supplements that have come on […]
Court to Consider Administrative Compliance Orders
The Supreme Court accepted cert on two more cases on Tuesday. One of these cases, Sackett v. EPA, could be quite significant for administrative law. The case arises out of an all-too-typical wetlands regulation dispute. The Sacketts own a lot in a residential subdivision upon which they planned to build a home. After they graded […]