Administrative Procedure Act (United States)

ACK Residents Against Turbines claims federal agencies' review of offshore wind project is deficient.

Retrieved on: 
Thursday, August 4, 2022
Wind, Endangered species, National Marine Fisheries Service, Multimedia, Incidental, BOEM, NEPA, Bureau, Environmental issues, Population, Endangered Species Act of 1973, Administrative Procedure Act (United States), Commerce, Alligator hunting, Bureau of Ocean Energy Management, APA, Motion, Education, Vineyard Wind, National Environmental Policy Act, Dal: Yma/Nawr, Interior, NMFS, Administrative Procedure Act, Turbine, Science, ESA, Whaling, Renewable energy

ACK Residents Against Turbines' lawsuit is concerned the approval of the Vineyard Wind offshore wind project will exacerbate threats to the North Atlantic Right Whale (NARW) which has a population of fewer than 360 individuals.

Key Points: 
  • ACK Residents Against Turbines' lawsuit is concerned the approval of the Vineyard Wind offshore wind project will exacerbate threats to the North Atlantic Right Whale (NARW) which has a population of fewer than 360 individuals.
  • A substantial percentage of all right whales now spend significant time in the waters south of Nantucket (including the Vineyard Wind project site).
  • ACK Residents Against Turbines, is a grass roots non-profit composed of year round and seasonal residents of Nantucket.
  • ACK Residents Against Turbines is wholly committed to defending the NARW, as well our island'smarine environment.

EB-5 Investments Restart after Behring's Major Legal Victory

Retrieved on: 
Saturday, June 25, 2022
San Francisco Bay Area, CEO, APA, Silicon, BRC, Administration, EB-5 Reform and Integrity Act, Program, District court, USCIS, GT, United States Citizenship and Immigration Services, Risk, Administrative Procedure Act (United States), Douglas v. U.S. District Court ex rel Talk America, Investment, Behring, Greenberg Traurig, EB-5, RIA, Congress, Integrity, New York City Regional Center, Online gambling, Financial services

BLACKHAWK, Calif., June 25, 2022 /PRNewswire/ -- Behring Co., a vertically integrated real estate developer and the operator of Behring Regional Center ("BRC"), praised the U.S. District Court of the Northern District of California's decision to issue a preliminary injunction, setting aside the deauthorization of EB-5 regional centers by U.S. Citizenship and Immigration Services ("USCIS"). Today's decision by U.S. District Judge Vince Chhabria held that USCIS almost certainly committed legal error when it unilaterally deauthorized designated EB-5 regional centers existing at the time that the EB-5 Reform and Integrity Act of 2022 ("RIA") was enacted into law and required regional centers to apply and receive approval for new designation before allowing them to operate and accept new EB-5 investors. Read the decision here.

Key Points: 
  • The court's order enables Behring Regional Center, and all pre-authorized Regional Centers, to sponsor EB-5 projects.
  • USCIS is required to accept I-526 petitions filed by new EB-5 investors that make qualified EB-5 investments through BRC.
  • Behring's EB-5 investment options include lower risk debt-style investments and higher earning preferred equity and common equity, all of which are open to investors immediately.
  • Behring owns and operates the Behring Regional Center, a USCIS accredited EB-5 regional center with 100-percent investor approval history serving hundreds of investors since 2013.

EPSA Files Opening Brief on FERC "Focused MOPR" to U.S. Court of Appeals Third Circuit

Retrieved on: 
Tuesday, May 10, 2022
Federal Energy Regulatory Commission, Administrative Procedure Act (United States), United States Court of Appeals for the Third Circuit, MOPR, Public Utilities Commission of Ohio, Twitter, Policy, Thumb, Administrative Procedure Act, PUCO, Focused, Commission, Natural gas, PJM, Public utilities commission, Federal Power Act, Coal, Pennsylvania Public Utility Commission, FERC, FERC v. Electric Power Supply Ass'n, Electricity, LinkedIn, Association, PA, Biomass, CEO, Wind, List, Public utility, Renewable energy

WASHINGTON, May 10, 2022 /PRNewswire/ -- The Electric Power Supply Association (EPSA) filed its opening brief in the U.S. Court of Appeals Third Circuit regarding the Federal Energy Regulatory Commission's (FERC) default approval of PJM's "Focused MOPR." EPSA was joined by the PJM Power Providers (P3) Group, the Pennsylvania Public Utility Commission (PA PUC) and the Public Utility Commission of Ohio (PUCO) in filing briefs with the Third Circuit on May 9, 2022.

Key Points: 
  • WASHINGTON, May 10, 2022 /PRNewswire/ -- The Electric Power Supply Association (EPSA) filed its opening brief in the U.S. Court of Appeals Third Circuit regarding the Federal Energy Regulatory Commission's (FERC) default approval of PJM's "Focused MOPR."
  • Moreover, EPSA argues that FERC failed to respect the principles of horizontal federalism by permitting individual states to project their own policy preferences onto other states via the PJM capacity market.
  • FERC may not now abdicate its duty and allow a FERC-regulated utility, PJM, to change its own tariff without any FERC action.
  • EPSA anticipates FERC filing its reply comments on July 8th with final briefing concluding on August 26th.

EDPMA Applauds Court Decision to Vacate Problematic Rule Implementing the No Surprises Act

Retrieved on: 
Thursday, February 24, 2022
Physician, Insurance, Court, Texas Medical Association, Emergency department, No, Act, Administration, Schuette v. Coalition to Defend Affirmative Action, COVID-19, Language, Safety, Douglas v. U.S. District Court ex rel Talk America, Emergency medicine, District court, Administrative Procedure Act (United States), Comment, Department, Congress, Rule, Patient, Motion, Memorandum opinion, Health insurance

The Memorandum Opinion and Order states "the Court concludes that the Rule conflicts with the Act and must be set aside under the Administrative Procedure Act ("APA").

Key Points: 
  • The Memorandum Opinion and Order states "the Court concludes that the Rule conflicts with the Act and must be set aside under the Administrative Procedure Act ("APA").
  • In sum, the Court holds that (1) Plaintiffs have standing to challenge Defendents' September 2021 interim final rule implementing the No Surprises Act, (2) the Rule conflicts with the unambiguous terms of the Act, (3) the Departments improperly bypassed notice and comment in implementing the challenged portions of the Rule, and (4) vacatur and remand is the proper remedy."
  • "EDPMA is thrilled that the Court has agrees that the problematic rule must be vacated and remanded.
  • We see the Rule would have led to dire effects on the overall viability of our emergency medical care system.

In New Court Motion, Major Medical Societies Argue No Surprises Act Rule Violates Law Passed by Congress

Retrieved on: 
Wednesday, February 9, 2022
MMM, FASA, Fellow of the American College of Emergency Physicians, Radiology, Multimedia, Anesthesiology, File, United States Department of Health and Human Services, Administrative Procedure Act (United States), APA, Science, No, IDR, Research, ACEP, Facebook, Twitter, ASA, American College of Radiology, ACR, American College, No Surprises, Emergency medicine, IFR, Patient, Attending physician, Diagnosis, HHS, FACEP, Patient safety, OON, Physician, American Society of Anesthesiologists, Insurance, Society, View, Administration, Congress, American College of Emergency Physicians, Medicine, Dentistry, Health insurance, Online gambling, MD

"The regulatory language guiding the implementation of this law is fundamentally flawed and must be addressed," said Gillian Schmitz, MD, FACEP, president of ACEP.

Key Points: 
  • "The regulatory language guiding the implementation of this law is fundamentally flawed and must be addressed," said Gillian Schmitz, MD, FACEP, president of ACEP.
  • "Rather than the compromise meticulously crafted to solve surprise bills as Congress intended, the administration has turned this law into an open invitation for insurance companies to strongarm physicians out of network."
  • The No Surprises Act gives patients financial protection against surprise medical bills and prohibits balance billing for certain out-of-network (OON) services or care.
  • Neither the lawsuit nor the filing for summary judgement impact patient protections in the new law nor increase patient health care costs.

Bidi Vapor Wins Judicial Stay of FDA's Marketing Denial Order

Retrieved on: 
Thursday, February 3, 2022
TCA, United States Court of Appeals for the Eleventh Circuit, CEO, Court, Administrative Procedure Act (United States), View, Food, NASDAQ, Nicotine, U.S. Securities and Exchange Commission, Tobacco Control Act of Bhutan 2010, Constitution, Smoker, Menthol, Intention, Review, Technology, COVID-19, Family Smoking Prevention and Tobacco Control Act, Marketing, List, Adult, Company, Public health, KAVL, Regulation, Compliance, Administration, Science, MDO, UL, Regulation of tobacco by the U.S. Food and Drug Administration, Petition for review, Industry, FDA, ENDS, Security (finance), Multimedia, PK, Smoking, Hope, Generic drug, Tobacco, Retail, Dietary supplement, Tobacco

The Company is pleased to announce that the U.S. Court of Appeals for the Eleventh Circuit has granted a judicial stay of the marketing denial order ("MDO") previously issued by the U.S. Food and Drug Administration ("FDA") to Bidi Vapor in September 2021.

Key Points: 
  • The Company is pleased to announce that the U.S. Court of Appeals for the Eleventh Circuit has granted a judicial stay of the marketing denial order ("MDO") previously issued by the U.S. Food and Drug Administration ("FDA") to Bidi Vapor in September 2021.
  • "We expect this judicial stay will result in a rebounding of BIDI Stick sales," said Niraj Patel, president and CEO of both Kaival Brands and Bidi Vapor.
  • As a result, Bidi Vapor and the Company are considered under common control and Bidi Vapor is considered a related party.
  • Based in Melbourne, Florida, Bidi Vapor maintains a commitment to responsible marketing, supporting age-verification standards and sustainability through its BIDI Cares recycling program.

NCLA Asks Fifth Circuit to End an SEC Lifetime Gag Order that Violates the First Amendment

Retrieved on: 
Thursday, December 16, 2021
U.S. Securities and Exchange Commission, Thirty-first Amendment of the Constitution of Ireland, Electric Bond and Share Company v. Securities and Exchange Commission, First Amendment to the United States Constitution, The Administrative State, Gag order, District of Columbia Voting Rights Amendment, Gag rule (United States), Â, List, Movement, Speech, Comment, Processor register, Freedom, NCLA, Administrative Procedure Act (United States), SEC, First, United States Court of Appeals for the Fifth Circuit, Time, ICAN, Complaint, GLOBE, Commission, Congress, Constitution, Administration, Federal Register, Person, Judgement, Appellants, Online gambling, Security (finance), Financial adviser, Public relations

On May 11, 2015, SEC filed a complaint against Mr. Novinger and ICAN Investment Group, where he formerly served as director.

Key Points: 
  • On May 11, 2015, SEC filed a complaint against Mr. Novinger and ICAN Investment Group, where he formerly served as director.
  • Mr. Novinger and ICAN continue to be bound by the Gag Order provision, yet desire to engage in truthful public statements concerning the SEC enforcement proceeding.
  • The Gag Order also violates Appellants right to due process of law because it was never authorized by Congress, nor was it lawfully promulgated by SEC.
  • The gag rule was invalid from the moment SEC deceitfully slipped it into the Federal Register in violation of law five decades ago.

NCLA Comment Objects to Proposed HHS Rule Repealing Regulated Parties’ Due Process Rights

Retrieved on: 
Tuesday, November 23, 2021
NCLA, Federal, Administrative Procedure Act (United States), Movement, Police, The Final Rule, The Administrative State, HHS, Department, Nation, Policy, GLOBE, COVID-19, Executive Orders, Person, Administration, Office of Inspector General, U.S. Department of Health and Human Services, APA, Comment, Online gambling, Lease, Public relations

The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a comment objecting to HHSs proposed repeal because HHS neither provided a reasoned explanation for rescinding the fair notice regulations nor accounted for regulated persons legitimate reliance interests in the rule.

Key Points: 
  • The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed a comment objecting to HHSs proposed repeal because HHS neither provided a reasoned explanation for rescinding the fair notice regulations nor accounted for regulated persons legitimate reliance interests in the rule.
  • HHS cites several Executive Orders issued by President Biden to justify rescinding the Final Rule.
  • Consistent with the APAs rulemaking requirements, NCLA argues that HHS must withdraw the proposal to rescind the fair notice regulations.
  • NCLA released the following statement:
    Those in charge of enforcing the law have a natural aversion to providing due process rights to those whom they accuse and prosecute.

NCLA Files Appeal in Lawsuit Challenging Transportation Secretary Buttigieg’s ‘Gotcha’ Investigations

Retrieved on: 
Tuesday, November 16, 2021
NCLA, The Administrative State, List, Supreme court, Government, Movement, District court, Department, Administrative Procedure Act (United States), Exercise, Administration, United States Court of Appeals for the Sixth Circuit, DOT, Rail transport by country, Douglas v. U.S. District Court ex rel Talk America, Office of Inspector General, U.S. Department of Health and Human Services, Judgement, Same-sex marriage in the Sixth Circuit, GLOBE, Supreme, General counsel, Online gambling, Public relations

NCLAs appeal against Secretary Buttigieg in his official capacity pushes back against the agencys efforts to eliminate due process rights for defendants in its enforcement actions.

Key Points: 
  • NCLAs appeal against Secretary Buttigieg in his official capacity pushes back against the agencys efforts to eliminate due process rights for defendants in its enforcement actions.
  • NCLA represents Polyweave Packaging, Inc., a Delaware corporation that makes packaging for the safe transportation of hazardous materials.
  • In March 2021, the U.S. Department of Transportation (DOT) served Polyweave a civil-penalty order for alleged regulatory violations.
  • The court also mistakenly held that the Secretary has absolute power to revise or rescind any enforcement-related regulations.

FDA Enters Administrative Stay of Bidi Vapor's Marketing Denial Order for its Flavored ENDS

Retrieved on: 
Wednesday, October 27, 2021
KAVL, Compliance, TCA, Technology, United States Court of Appeals for the Eleventh Circuit, APA, Administrative Procedure Act (United States), Petition for review, Industry, Security (finance), Family Smoking Prevention and Tobacco Control Act, UL, U.S. Securities and Exchange Commission, NASDAQ, FDA, View, Marketing, Motion, Nicotine, ENDS, Bidi, APPH, Adult, PK, Smoking, LLC, Company, Circuit court, Regulation, Smoker, COVID-19, Intention, Multimedia, CEO, Public health, Review, Tobacco Control Act of Bhutan 2010, Tobacco, Administration, List, MDO, Constitution, Dietary supplement, Generic drug

FDA confirmed that while it reviews Bidi Vapor's request, its flavored BIDI Sticks can remain on the market without the threat of enforcement.

Key Points: 
  • FDA confirmed that while it reviews Bidi Vapor's request, its flavored BIDI Sticks can remain on the market without the threat of enforcement.
  • Despite submitting scientifically rigorous PMTAs and keeping FDA informed about its ongoing clinical and behavioral studies, Bidi Vapor received an MDO for its flavored BIDI Sticks, along with nearly all other manufacturers of flavored ENDS, in early September 2021.
  • "We appreciate FDA's decision to stay, or put on hold, the MDO as it reconsiders its denial.
  • Based in Melbourne, Florida, Bidi Vapor maintains a commitment to responsible marketing, supporting age-verification standards and sustainability through its BIDI Cares recycling program.