Archives for 2018

Senate Overturns CFPB “Guidance” Document

The Senate has overturned a CFPB “guidance” document that was for all intents and purposes a regulation. This repeal was effected by the Congressional Review Act (“CRA”) which allows the Congress to overturn regulations within 60 days of the later of the regulation being sent to Congress or being published […]

Oversight Victory: Tax Regulations Now Subject to OMB Review

In a major win for oversight and constitutional governance, the White House Office of Management and Budget (“OMB”) and the Department of the Treasury have scrapped a decades-old agreement that exempted many IRS tax regulations from independent review and oversight.  In its place, the agencies have set up a new […]

CoA Institute Calls for EPA Watchdog Investigation into the Use of Unauthorized Electronic Messaging and Web-Based Email Apps on Agency Devices

Washington, D.C. – Cause of Action Institute (“CoA Institute”) wrote yesterday to the Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) to request an investigation into the unauthorized use of electronic messaging and web-based email applications on agency-furnished and taxpayer-funded mobile devices, including iPhones and iPads. CoA Institute’s request […]

Cause of Action Institute Launches Investigation into Agency Use of Instant Messaging Applications

The number of communications devices and platforms has mushroomed in recent years, making communication both quicker and easier. Naturally, these technologies have been incorporated into business and government. The use of instant messaging applications (“IM”) for business communications has become so common that most enterprise software includes IM functionality (for […]

Sixth Circuit Should Follow Supreme Court’s Precedent and Recognize Limits of Anti-Injunction Act

Today, Cause of Action Institute filed an amicus brief in CIC Services, Inc. v. IRS in the U.S. Court of Appeals for the Sixth Circuit.  At issue in the case is whether the Anti-Injunction Act prohibits courts from reviewing whether the IRS complied with the Administrative Procedure Act (“APA”) when […]

Investigation Update: EPA Employees Used a Range of Messaging Apps and Other Non-Work-Related Programs on Agency-Issued Mobile Devices

Shortly after President Trump took office, Politico reported that a small group of career employees at the Environmental Protection Agency (“EPA”) were using an encrypted messaging application, called “Signal,” to discuss ways to prevent incoming political appointees from implementing the Trump Administration’s policy agenda.  The use of Signal at the […]

CoA Institute Lawsuit Prompts Archivist to Examine Potential Record Destruction at NOAA

Cause of Action Institute (“CoA Institute”) filed a lawsuit last summer against the National Oceanic and Atmospheric Administration (“NOAA”) seeking copies of electronic records created through the agency’s Google-based email platform.  These types of records are commonly known as “instant messages.”  The Freedom of Information Act (“FOIA”) requests at issue […]