Category Archives: Legislation

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Environmental Organization Challenges Constitutionality of the Congressional Review Act

As we previously reported on this blog, Congress and the Trump administration have revived the Congressional Review Act (CRA) and set about rescinding a series of regulations promulgated during the Obama presidency.  Congress’ authority to invalidate an executive agency rule is rooted in Article I of the Constitution, which vests “[a]ll legislative Powers [t]herein granted” … Continue Reading

Trump’s SCOTUS Nominee is a Chevron Skeptic

On January 31, President Trump introduced Judge Neil Gorsuch as his nominee for the Supreme Court vacancy left by Justice Antonin Scalia.  Gorsuch, who currently sits on the U.S. Court of Appeals for the Tenth Circuit, has been widely-praised for his lucid, well-reasoned opinions on a wide range of federal law questions.  Like Scalia, his … Continue Reading

Chevron Deference and the Proposed “Separation of Powers Restoration Act of 2017”

During its first month in session, Congress has proposed several pieces of legislation designed to reverse the dramatic shift in power over the last 50 years from Congress to the Executive.  The Regulatory Accountability Act of 2017 is one remarkable example.  It was introduced as a free-standing bill in 2016, but the Senate did not … Continue Reading

Recommended Reading: Deregulation and the Trump Administration

Kelley Drye attorneys partner Ira T. Kasdan and associate Mindy B. Pava co-authored The Hill article “Option for deregulation under the Trump administration: Agency non-enforcement.” The article notes that it remains unclear how the Trump administration plans to nullify scores of regulations promulgated and executive actions taken by the Obama administration. While the Trump administration is likely to issue an executive … Continue Reading

New California Law Prevents Employers from Imposing Non-California Forum Selection or Choice of Law Provisions upon California Employees

This post was written by David Van Pelt and originally posted on Kelley Drye’s Labor Days blog. As part of our efforts to update employers regarding the newly-enacted statutes that will affect employers in the coming year, this post addresses a bill recently signed into by California Governor Jerry Brown that prohibits employers from requiring most employees … Continue Reading
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