Topic
Rulemaking
397 published works
Legal Theory Blog
Phillips & Moffa on Regulatory History and Judicial review
Todd Phillips (Georgia State University - J. Mack Robinson College of Business) & Anthony Moffa (University of Maine School of Law) have posted Regulatory History and Judicial Review (110 Minnesota…
Administrative and Regulatory
HHS Scraps Richardson Waiver, Clearing Way for Faster Rulemaking
By Vinay Kohli, Matthew J. Westbrook, D. Austin Rettew
On March 3, 2025, the United States Department of Health and Human Services (“HHS”) issued a policy statement rescinding the Richardson Waiver, a policy in place since 1971 that required…
SC Employers’ Blog
What Employers Need to Know About Shifting Caselaw and Legislation
By Katie Busbee, Joseph Dickey
As employers navigate the complexities of a new political era and evolving regulatory framework, staying ahead of these changes isn't just advisable — it's essential. Several executive actions have already…
Medicaid & Medicare: A Legal Blog
HHS Eliminates Public Input on Key Policies: A Necessary Reform or a Dangerous Precedent?
In a significant shift in regulatory procedure, the Department of Health and Human Services (HHS) announced it will no longer use the notice-and-comment rulemaking process for policies related to agency…
Comm Law Center
National Association of Broadcasters Urges FCC to Accelerate NextGen TV Transition
By Jessica T. Nyman The National Association of Broadcasters (NAB) yesterday filed a Petition for Rulemaking asking the FCC to establish a “clear timeline” to complete the transition to the…
Transportation Law: Moving Forward
NHTSA Rulemaking Roundup: February 2025
By Rachael Padgett, Rebecca Baden Chaney
The National Highway Traffic Safety Administration (NHTSA) published the below notices of final rulemaking in the Federal Register this month. Specifically, NHTSA published four delays of the effective dates of…
Massachusetts Chapter 93A Insights
State Agency Rulemaking: Beyond Minimum Compliance
By David G. Thomas, Robert C. Ross
Massachusetts Supreme Judicial Court invalidates agency guidelines for non-compliance with Administrative Procedures Act. Strict adherence to state administrative procedures is crucial for enforceable regulations. Negotiated rulemaking (“Reg-Neg”) offers potential benefits…
Global Policy Watch
FCC to Tackle Robust Agenda at February Open Meeting
By Yaron Dori, Max Larson
Yesterday, the Federal Communications Commission (FCC) released the agenda for its February Open Meeting, which is scheduled for February 27, 2025. This is the first agenda released by the FCC under…
Law and the Workplace
White House “Regulatory Freeze” Directive Pauses Most Federal Rulemaking
By Allan Bloom
As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they…
Beyond the First 100 Days
Regulatory Reversals: Political Transitions and the Congressional Review Act
A Republican Congress and the incoming Trump administration may employ the CRA to quickly overturn recent rules that faced heavy criticism from the financial services industry. By Jenny Cieplak, Zachary…