Search for: "Petition for the Promulgation of Rules"
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7 Feb 2023, 12:00 pm
May an agency revive a defunct rulemaking without notice, and then immediately promulgate a lightly revised version of the proposed rule as a final rule? [read post]
29 Dec 2017, 12:54 pm
The panel ordered:(1) that EPA issue a proposed rule within ninety days of the date that this decision became final;(2) that EPA promulgate the final rule within one year after the promulgation of the proposed rule; and (3) that the deadlines for both the proposed rule and final rule would only be modified if EPA presented new information showing modification was required.Facts:“This case is about the hazards of lead… [read post]
28 Oct 2014, 1:30 pm
This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues. [read post]
10 Jan 2013, 12:03 pm
This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues. [read post]
31 Dec 2012, 7:47 pm
At its January 4, 2013 Conference, the Court will consider petitions seeking review of issues such as the authority of the U.S. [read post]
6 Jan 2016, 10:00 pm
In January 2013, Redline filed an IPR petition with the PTAB requesting review of claims 9 and 10 of the patent. [read post]
28 Jun 2017, 9:08 pm
Fish and Wildlife Service (Service) promulgated a long-awaited final rule to delist the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) (HMV) due to the Service’s determination that the original 1987 listing of the HMV under the Endangered Species Act (ESA) was in error. [read post]
12 Apr 2016, 7:20 am
Conflict minerals rule. [read post]
25 Jul 2011, 1:55 am
” The court granted the business groups’ petition and vacated the SEC rules. [read post]
24 Apr 2023, 7:51 pm
Not sure how the agency can promulgate a rule that would seemingly conflict with the statutes. [read post]
28 May 2009, 7:44 am
EPA vacated the rule entirely despite the fact that the statutory time period to appeal the initial rule promulgated in 1994 had long passed. [read post]
7 Oct 2009, 12:39 pm
On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. [read post]
29 Sep 2010, 2:38 pm
§ 1003.2(d)) and before the BIA has to rule on the appeal or motion, they can deny a stay of removal (interlocutory decision) and then the government can forcibly remove the alien, thus stripping the BIA of jurisdiction to rule on the merits of the appeal or motion.Incredibly, this self-serving application of an agency promulgated rule has created a circuit split in the federal appellate courts.Our client has filed a motion to reopen based upon the… [read post]
15 Nov 2022, 3:19 pm
Under Supreme Court rules, CFSA’s opposition to the certiorari petition must be filed within 30 days (i.e. by December 14), unless it obtains an extension. [read post]
16 Jan 2013, 1:19 pm
But ARTBA began bringing those challenges several years after the regulations were promulgated. [read post]
29 May 2019, 12:27 pm
Attorneys are alleging that USCIS is using new policies to adjudicate H-1B petitions, without properly completing the required notice-and-comment procedures for administrative rule changes and without basis for any regulatory change. [read post]
29 Oct 2020, 7:58 am
Courts that have considered ratifications of agency rules have uniformly upheld them without requiring the agency to redo the notice-and-comment process and nothing in the APA requires an agency to conduct a second notice-and-comment process to affirm a previously-promulgated rule. [read post]
1 Sep 2007, 3:42 am
Here is how the opinion begins: The Legislature has mandated by statute that we promulgate by court rule sentencing guidelines for certain offenses. [read post]
3 Sep 2013, 9:01 am
This is our second of three installments of “Petitions to watch” for the September 30 Conference. [read post]
16 Dec 2014, 1:27 pm
What are some of the major changes promulgated under the new Final Rule? [read post]
