Search Results Archives: June 2015

June 30, 2015

High court blocks power plant regulations without cost estimates

Editor’s Note: Although the Opinion gives EPA reasonable discretion in deciding how to account for costs, EPA does not have discretion in ensuring that its cost accounting complies with OMB’s Data Quality requirements.

From: USA Today

 Richard Wolf


The 5-4 ruling stops the Environmental Protection Agency, at least for now, from imposing new rules designed to reduce the amount of mercury and other toxins that pollute the nation’s air, at an unknown net cost to companies and consumers.

Read Complete Article

June 26, 2015

Meetings between coal industry and White House draw attention

Editor’s Note: Cross-posted from CRE’s CCS Interactive Public Docket. For more information about CRE’s option for addressing EPA’s CCS regulatory plans through the Data Quality Act, see here.

From: Energy Examiner | Washington Examiner

An article earlier this week by Washington Examiner energy and environment Writer John Siciliano on meetings between the White House and the coal industry is getting some attention.

The story was about the National Mining Association pressing the Office of Management and Budget to change EPA’s technology standard for cutting emissions for new coal-fired power plants.

June 25, 2015

Will anti-money laundering regulations be extended to investment advisers?

Editor’s Note: For more information about AML regulations, see Unwarranted Deputization: Increased Delegation of Law Enforcement Duties to Financial Institutions Undermines American Competitiveness.

From: Lexology

Michael J. Gilbert and Ethan Solove – Dechert LLP

It has been more than a decade since the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) first proposed imposing anti-money laundering (“AML”) requirements on investment advisers. While FinCEN has yet to enact such a rule, the possibility of investment adviser AML regulations continues to lurk over the industry and a new proposed regulation may be in the works.


June 24, 2015

EPA Advances Revised Landfill Methane NSPS Proposal For OMB Review

From: Inside EPA

EPA has sent for White House review what appears to be a revised version of its earlier proposed rule outlining potential first-time limits on the greenhouse gas (GHG) methane from new landfills that is due for release by July, as well as a related proposal on whether to regulate methane from existing landfills that is due in August.

Read Complete Article (paywall)

June 18, 2015

OMB Receives New DOD Counterfeit Parts NPRM

From: Chemical Facility Security News

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a copy of a new notice of proposed rulemaking (NPRM) from DOD on the subject of the detection and avoidance of counterfeit electronic parts. Apparently this is an additional part of the implementation of the Congressional mandate on this subject in the 2014 National Defense Authorization Act.

The initial final rule on this subject was issued last year followed quickly by a DOD meeting on what additional measures needed to be addressed. This rule has not been mentioned in the Unified Agenda so there are no publicly available details about what might be included.

June 17, 2015

Water Rights and the Data Quality Act

Editor’s Note: The following is an excerpt from “Visiting With Lawrence Kogan, Esq: An Initial Consultation.” The complete hyperlinked article is attached here.

The Water Compact (Treaty) entered into by the Confederated Salish and Kootenai Tribes (CSKT), the State of Montana, and the U.S. Department of Interior is a complex first-of-its-kind agreement that will seriously impair citizen rights. The Compact also will reshape, for the worse, future water compacts currently being contemplated by other U.S. states and regions (including in Alaska, Arizona, California, Hawaii, Oklahoma, the Midwest and the East).


Science used in Compact not evidence based

June 12, 2015

An unhealthy approach to corporate wellness programs

From: The Cap Times


The EEOC’s proposed corporate wellness program regulations are in the middle of the usual regulatory process. Currently they are being evaluated by the Office of Management and Budget, after which the regulations will be released for public comment. While many members of Congress have expressed strong support for corporate wellness programs in the wake of the EEOC’s new regulations (and a previous lawsuit), this support will need to continue in the months ahead to make sure the OMB and the Obama administration know the facts.

June 11, 2015

Obama Administration Readies Big Push on Climate Change

Editor’s Note: For the regulatory antidote to CCS plans, see here.

From: The Wall Street Journal

Proposals to curb emissions from trucks, airplanes, oil and natural-gas operations, and power plants

By Amy Harder

The Obama administration is planning a series of actions this summer to rein in greenhouse-gas emissions from wide swaths of the economy, including trucks, airplanes and power plants, kicking into high gear an ambitious climate agenda that the president sees as key to his legacy.

June 4, 2015

Encouraging signs on new rules for nonprofit political activity

From: The Hill

By Lisa Gilbert, contributor, and Greg Colvin

Nonprofits of many stripes have spent time reading the tea leaves in the year-plus that the Treasury Department and the IRS have been revising a rule that will guide them in conducting political activity. At last, they may have something solid to rely on.