The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA or Act), which will soon move to the next stage of agency consideration.[1]
Last month, the Federal Trade Commission (FTC or Commission) published its Statement of Regulatory Priorities (Statement), announcing its regulatory agenda for 2022. The Statement suggests that the agency will focus largely on rulemaking. New rules will seek to advance President Biden’s agenda of promoting competition in the American economy.
Rulemaking Focus
The FTC “is an
In December, cryptocurrency executives testified before the House Financial Services Committee that they would like clearer guidance because the lack of a federal framework is causing uncertainty and inconsistent oversight at both the federal and state levels. These comments are not unique to cryptocurrency[1] executives, but mirror recent ones from cannabis[2] and data
On December 7, the Senate voted to confirm Jessica Rosenworcel as the permanent chair of the Federal Communications Commission (FCC), making her the first woman to hold that title.
Rosenworcel faced a term expiration at the end of the year after serving on the commission since 2012. This confirmation avoids a Republican majority at the
As routinely covered at Regulatory Oversight, state attorneys general have assumed an ever-more prominent role in driving national regulatory policy through advocacy and enforcement activities.[1] Underlying many of these efforts is an aggressive focus on environmental justice by the state attorneys general that reaches further than federal efforts. Most recently in U.S. EPA
On November 16, North Carolina Attorney General Josh Stein launched a probe into e-cigarette maker Puff Bar and others, citing concerns of youth-appealing flavors, youth marketing, and poor age verification. In a statement, Stein announced, “We are actively investigating Puff Bar and other companies at all stages of the distribution chain, from manufacturers to retailers
Governor Gavin Newsom recently signed California Assembly Bill 45 (AB 45) into law, which, among other things, allows hemp-derived cannabidiol (CBD) to be included in any food, beverages, and dietary supplements sold in California. This is not only a break from California’s prior position prohibiting CBD from being included in such products even as the
On September 20, nine Democratic senators wrote a letter to the Federal Trade Commission (FTC), requesting that it create new rules to protect consumers’ personal data and privacy.
The senators played on FTC Chair Lina Khan’s aversion to Big Tech and aggressive antitrust agenda, which we discussed in a prior post, by stating that
The Department of Justice has loosened restrictions on the use of agency guidance documents to establish violations of underlying legal requirements in enforcement actions and other litigation. According to a memorandum by Attorney General Garland, DOJ attorneys may now “rely on relevant guidance documents in any appropriate and lawful circumstances, including when a guidance document
The federal government’s recent argument that neither federal law nor the U.S. Constitution preempted a municipal ordinance in South Portland, ME demonstrates the sometimes-complex relationship between federal, state, and local laws.
Overview. The Portland Pipe Line Company had plans to reverse the oil flow in a pipeline from Canada to South Portland and construct 70-foot-tall