This letter is in response to the March 3, 2008 editorial by JoAnn Johnson, chairman of the National Credit Union Administration, defending the agency’s ongoing rulemaking regarding the conversion of a credit union to the mutual savings bank charter. The editorial was titled: “Why NCUA Has Focused On The Rights...
Executive Order 13422, issued by President George W. Bush in January 2007, contains the most significant changes to the presidential regulatory review process since 1993. The changes include requirements that agencies designate a presidential appointee as a "regulatory policy officer" who can control rulemaking activity and...
Mostly because of upcoming rules from regulatory agencies, 2007 will be an unusually significant year in Washington for the underground construction industry. Most people would think that since the Democrats are taking control of Congress, the Senate and House might unleash a flood of labor- and...
Students of politics and public administration have scrutinized the responsiveness of the largely unelected bureaucracy to its many political constituencies for over a century. The vast majority of this work identifies the formal and informal powers that Congress and the president hold over the U.S. federal...
WASHINGTON - The head of the Federal Motor Carrier Safety Administration said the truck-safety agency was unlikely to succeed in convincing Congress to write driver hours-ofservice regulations into law, a move FMCSA had sought to insulate its rule from lawsuits.FMCSA Administrator Annette Sandberg told a congressional panel last week that...
The Federal Motor Carrier Safety Administration will issue a rule on intermodal chassis maintenance that would be published by the end of the year, the agency's second-highest ranking official said."When we come out with our rulemaking, whether Congress does it or we do it, by the end of this year,...
The responsibility for making the rules of practice and procedure that structure litigation in federal courts has always been shared between the legislative and judicial branches. From the 1930s to the early 1970s, judicial branch committees dominated the process, and Congress uniformly accepted their recommendations. Then Congress began to express...
INTRODUCTION Over the past three decades, mechanisms for reviewing agency rulemaking have multiplied. The traditional mechanism of oversight by congressional committees (1) has been supplemented by, inter alia, rigorous judicial review of agency reasons for adopting rules, (2) a mandate that the agency...
"I'm a little puzzled. I'm being told that I can't just make a decision and have it promptly executed, that the Department can't just salute smartly and go execute whatever decision I make. Why is that?" ...
Byline:Andrew Schneider The logging and mining industries shouldn't look to the White House or Congress for relief from a Clinton-era forest conservation plan. A federal judge in Idaho is the real key to the rule's future. The Agriculture Department soon will...
The U.S. Department of Energy DOE has "burdened the American consumer with a multi-billion dollar regulatory rip-off that makes a mockery of the rulemaking process," that was Air Conditioning and Refrigeration Institute ARI President Clifford H. "Ted" Rees, Jr.'s, first reaction to one of the Clinton...
I. INTRODUCTION As the number, cost, and complexity of federal regulations have grown over the past twenty years, there has been growing interest in the use of analytic tools such as risk assessment and cost-benefit analysis to improve the regulatory process.(13) The application...
Harrington, Lisa H Transportation & Distribution 09-01-2000 No letup on hours of service debate Byline: Harrington, Lisa H Volume: 41 Number: 9 ISSN: 08958548 Publication Date: 09-01-2000 Page: 116 Type: Periodical Language: English As the Washington summer drew to a close, and Congress left town for its August...
Byline:Samantha Levine Businesses should brace for a surge of federal rules and regulations in the coming months as the Clinton administration tries to strengthen its legacy. Andthere's no letup in sight. Many of the eleventh-hour rules will come from outside thenormal rulemaking channels...through...
INTRODUCTION The ideal of nationally uniform procedural rules promulgated by the Supreme Court after consideration by expert committees-commonly known as "court rulemaking"-has been the cornerstone of civil rulemaking in the federal courts since adoption of the Rules Enabling Act in 1934.1 Yet today the court rulemaking model is under siege....
In the United States, as everyone learns in school, there are three branches of government. The idea is that legislators will legislate, courts will adjudicate, and the executive will implement and administer the laws of the nation. Things probably worked that simply a long time ago, but with...
Progress made in the lengthy effort to reform laws governing mortgage origination can be measured in inches. Class-action suits have galvanized the industry to seek relief, but working groups and regulatory proposals, while raising hopes, have often proved false starts. None, as yet, has produced global and genuine RESPA and...
Congress should amend the Uruguay Round Agreements Act to require that the Executive Branch involve private-sector representatives in the process of reaching negotiated settlements regarding international trade issues. Under the Trade Act of 1974, private industry is only required to consult regarding adjudicated settlements. Increasing public involvement would provide an...
INTRODUCTION In Whit Stillman's recent film, Barcelona, the buffoonish and not-so-well-read naval attache, Fred, questions his shy-but-sophisticated cousin, Ted, about several review essays he had just read, triggering the following amusing exchange: Fred: Maybe you can clarify something for me. Since I've been waiting...
Oxley asks for update on single-stock rules The chairman of the House Financial Services Committee says the will of Congress is being flouted, and he's not happy about it. Rep. Michael Oxley, R-Ohio, has demanded that three...