Articles

The Regulatory Review : The Biden administration should not sunset the Sunset Rule 

April 04, 2022 | By CHARLES YATES

Entering its second year in office, the Biden Administration continues to undermine statutory constraints on the administrative state. Most recently, it proposed repealing the Securing Updated and Necessary Statutory Evaluations Timely rule, or Sunset Rule, that had previously been adopted by the U.S. Department of Health and Human Services (HHS) ...

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PLF clients to Biden administration : “Put down the rulemaking pen and wait for the Supreme Court on ‘navigable waters’”

February 17, 2022 | By CHARLES YATES

On December 7, 2021, the U.S. Environmental Protection Agency and Department of Army posted their hefty, proposed re-write of a major water regulation in the Federal Register.  During the comment period that followed, the agencies’ “Revised Definition of Waters of the United States” collected more than 93,000 comments—a remarka ...

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The Hill : The SUNSET provision for old regulations will improve agency accountability

February 22, 2021 | By CHARLES YATES

With President Biden’s first 100 days well under way, the Trump administration’s regulatory reform agenda might seem like a distant memory. But one rule, known as Securing Updated and Necessary Statutory Evaluations Timely (SUNSET), finalized by the Department of Health and Human Services on the previous administration’s last full ...

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Daily Journal : High court should require agencies to be transparent about decision-making

December 08, 2020 | By CHARLES YATES

In a letter written late in his life to Kentucky legislator William Barry, James Madison warned that a “popular Government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both.” In the context of the sprawling and often unaccountable modern administrative state these wor ...

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The Golden Conure is no longer endangered, but it took bureaucrats years to follow their own rules and acknowledge it

May 11, 2020 | By CHARLES YATES

Following two successive PLF lawsuits, the U.S. Fish and Wildlife Service last month reclassified the golden conure from endangered to threatened. The decision—which, according to Congress’ wishes, should have been finalized much earlier—recognizes the bird’s improved status and removes unnecessary federal regulations. Native to the ...