Legal Brief
UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
PLAINTIFFS’ MOTION TO ALTER ORAMEND THE JUDGMENT UNDER F.R.C.P 59(E) Plaintiffs respectfully move under Federal Rule of Civil Procedure 59(e) forthis Court to alter…
Legal Brief
UNITED STATES COURT OF APPEALS FOR THE FIFTH CERCUIT
Plaintiffs- APPELLEES’/CROSS-APPELLANTS’PRINCIPAL AND RESPONSE Brief Certificate of Interested Persons Counsel certifies that the following listed persons and entities as described in the fourth…
Legal Brief
In the United States Court of Appeals for the Fifth Circuit
MOTION OF COMPETITIVE ENTERPRISE INSTITUTEFOR LEAVE TO FILE AN AMICUS CURIAE BRIEFIN Opposition to Defendants-Appellants’Emergency Motion For Stay Pending Appeal CERTIFICATE OF INTERESTED…
Comment
Improving Accreditation Process and Strengthening Legal Education
RE: Improving Accreditation Process and Strengthening Legal Education Requirements for Accredited Agents and Attorneys, 89 Fed. Reg. 82546 (Oct. 11, 2024), Docket VA-2024-OTHER-0022-0001 (to be…
Letters
CEI Coalition Letter on Permitting Reform in the 119th Congress
Dear Members of Congress: The undersigned organizations strongly believe that our nation needs across-the-board federal permitting reform. This requires amending the National Environmental Policy Act…
Comment
Department of Energy, Energy Conservation Program: Energy Conservation Standards for Dishwashers. Comments of the Competitive Enterprise Institute
Comments of the Competitive Enterprise Institute I. SUMMARY The Notification of Proposed Confirmation of Withdrawal and Request for Comment (proposal) seeks to terminate Department…
Letters
CEI Joins Coalition Letter Against Court Packing
In recent years, the legitimacy of the Supreme Court as an impartial institution and non-political branch under our Constitution—exercising “neither force nor will but merely…
Letters
Post-Chevron Suggestions for Congress
Dear 118th & 119th Congress,On June 28, 2024, in Loper Bright v. Raimondo, the United States Supreme Court overturned the 40-year-old Chevron doctrine, which granted…
Comment
Student Debt Relief Comment
Re: Student Debt Relief Based on Hardship for the William D. Ford Federal Direct Loan Program, the Federal Family Education Loan Program, the Federal Perkins…
Legal Brief
Brief of Amici Curiae in Seven County Infrastructure Coalition v. Eagle County, Colorado
Summary of the argument This case is not about what constitutes sound energy, infrastructure, environmental, or social policy. The question presented has nothing…
Letters
Opposing Broadband Taxes
Dear Member of Congress: At a time when everyday Americans continue to struggle with inflation, the last thing consumers need are higher monthly internet bills.
Testimony
A Menu of Options for Oklahoma Regulatory Reform
Testimony before the Oklahoma interim study committee on administrative rules reform Thank you for the opportunity to speak with you today. I apologize for not…
Letters
CEI Joins Coalition Letter in Response to the FDIC’s RFI on Deposits
Dear Mr. Sheesley: We, the undersigned organizations and individuals, appreciate the opportunity to comment on the Request for Information on Deposits. We are responding to…
Legal Brief
CEI Issues Amicus Brief in American Clinical Laboratory Association v. Food and Drug Administration
INTEREST OF AMICUS CURIAE Competitive Enterprise Institute (“Amicus”) is a nonprofit organization headquartered in Washington, D.C., dedicated to promoting the principles of free markets and…
Comment
CEI Comments on Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers
Department of Energy, Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers; Notification of Data Availability and Request for Comment Docket Number…
Comment
CEI’s comment on Fair and Competitive Livestock and Poultry Markets
Dear Mr. Offutt: On behalf of the Competitive Enterprise Institute, we respectfully submit these comments to the Department of Agriculture (“the Department”) on its proposed…
Letters
CEI Joins Coalition Letter Opposing Housing Price Controls
Dear Members of Congress and State Attorneys General, We, the undersigned organizations and individuals, are writing in opposition to all efforts to establish price controls…
Testimony
Responses to Questions for the Record House Committee on Administration
The hearing topic and questions for the record raise foundational issues concerning the legitimacy of lawmaking and the entities responsible for crafting those laws.
Letters
Inflation Reduction Act Two Year Anniversary Letter
Dear Members of Congress: Today marks the second anniversary of the so-called Inflation Reduction Act of 2022 (IRA), and the critics of its costly and…
Comment
CEI Comments on CFTC Event Contracts Rule Banning Election Betting Markets
Dear Mr. Kirkpatrick: On behalf of the Competitive Enterprise Institute (CEI), I appreciate the opportunity to submit comments on RIN 3038-AF14, which concerns the types…
Testimony
Wayne Crews testimony before the Committee on House Administration: “Congress in a Post-Chevron World”
Introduction Chairman Steil, Ranking Member Morelle, and Members of the House Committee on Administration, thank you for the opportunity to testify today on issues surrounding…
Legal Brief
CEI Issues Amicus Brief: Humphrey’s Executor
Humphreys Executor Amicus FinalDownload…
Comment
Request for Comment on Proposed Modifications and Exclusion Process in Section 301 Investigation
On behalf of the Competitive Enterprise Institute (CEI), we respectfully submit the following comments in response to the United States Trade Representative (USTR) Modifications and…
Legal Brief
Amicus Curiæ Brief in Powell v. Securities and Exchange Commission
In Powell v. Securities and Exchange Commission, CEI attorneys urged the Ninth Circuit Court of Appeals to reverse the Securities and Exchange Commission’s refusal to…
Letters
CEI Joins Coalition Letter Rejecting Proposals to Manipulate Interchange Fees
Dear Members of the Pennsylvania General Assembly, Americans for Tax Reform, and the undersigned organizations, write to you today to voice our opposition to…
Comment
Request for Comment on Proposed Statement of Policy on Bank Merger
To Whom It May Concern: On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to the Federal Deposit…
Comment
CEI Comment on Department of Energy Proposed Stove Efficiency Regulation
Docket Number EERE-2014-ST-STD-000589 FR 11,548 and 89 FR 11,434 I. Summary The Department of Energy (DOE) is permitted to set energy efficiency standards for home…
Letters
CEI House PROVE IT Act Coalition Letter
Dear Representative: Since a House companion to the PROVE IT Act (S.1863) may be introduced soon, the undersigned organizations want to express our strong…
Letters
CEI Leads Coalition Letter Supporting CRA Resolution of Disapproval on EPA Power Plant Rule
Dear Members of Congress, The Environmental Protection Agency’s (EPA) recently finalized powerplant rule will kill America’s existing supply of baseload generation…
Letters
CEI Signs Coalition Letter in Support of Opposing Freddie Mac’s Second Mortgage Product
Letters
CEI Leads Coalition Against Section 230 Repeal or Replace
Dear Members of the House Energy and Commerce Committee, We write to you in advance of the committee hearing on May 22, 2024 to express…
Comment
CEI comments opposing the worsening of Durbin Amendment debit card price controls
Re: Debit Card Interchange Fees and Routing (Docket No. R–1818, RIN 7100-AG67) Dear Ms. Misback: On behalf of the Competitive Enterprise Institute (CEI), I respectfully…
Letters
Coalition Letter Re: Debit Card Interchange Fees and Routing (Docket No. R–1818, RIN 7100-AG67)
Dear Ms. Misback, The Federal Reserve’s (Fed) notice of proposed rulemaking (the Proposal) to amend Regulation II (Reg. II), which sets standards for debit…
Letters
Coalition Letter Opposition to the California Air Resources Board In-Use Locomotive Regulation
Re: Opposition to the California Air Resources Board In-Use Locomotive Regulation Docket EPA-HQ-OAR-2023-0574 We, the undersigned individuals and representatives of national organizations and think tanks…
Legal Brief
CEI Issues Amicus Brief in Support of Petitioners in Molak vs. FCC
In Molak v. Federal Communications Commission, CEI argued that neither of the provisions of the Telecommunications Act relied upon by the Federal Communications Commission supported…
Letters
CEI Coalition Letter in Support of the Renewing Efficiency in Government by Budgeting Act
Comment
Comment on notice of proposed rulemaking: National Apprenticeship System Enhancements
Brent PartonPrincipal Deputy Assistant Secretary for Employment and TrainingU.S. Department of Labor200 Constitution Ave. NW, Room N-5641Washington, D.C. 20210 Docket No. ETA-2023-0004, RIN 1205–Ac13 Dear…
Letters
CEI Joins Coalition Letter Supporting H.R. 2799
Dear Representative: We, the undersigned organizations, write to you today to express our support for Representative Patrick McHenry’s H.R. 2799, the Expanding Access to Capital…
Comment
Regulatory Comment on 88 FR 89410
To the Honorable Rostin Behnam, Chairman of the Commodity Futures Trading Commission, and the Honorable Commissioners Kristen N. Johnson, Cristy Goldsmith Romero, Summer K. Mersinger,…
Comment
CEI Comments on California’s Advanced Clean Cars II Waiver Request
Thank you for the opportunity to comment[1] on the California Air Resources Board’s (CARB’s) request for a waiver under Section 209(b) of the…
Letters
CEI Leads Letter Rejecting Recoup Act
Dear Speaker Johnson, Minority Leader Jeffries, Majority Leader Schumer, and Minority Leader McConnell: As leaders of policy groups concerned with constitutional liberties, government accountability, and…
Comment
Scientific Integrity Policy Draft for Public Comment
February 23, 2024 Docket ID: EPA-HQ-ORD-2023-0240; FRL-10973-01-ORD Submitted via Regulations.gov. Comments Submitted by the Competitive Enterprise Institute, Energy & Environment Legal Institute, Domestic Energy Producers…
Letters
Coalition Letter to Support the Stop Woke Investing Act (S. 3179)
We, the undersigned organizations, are writing in support of the Stop Woke Investing Act (S. 3179). The bill was introduced by Sens. Eric Schmitt…
Letters
Coalition Letter on FCC Digital Discrimination rule
December 13, 2023 The Federal Communications Commission (FCC) is out of control. On November 15, the agency voted to adopt a Report and Order on…
Comment
CEI comments on ‘right to repair’ petition for rulemaking
Docket ID No.: FTC-2023-0077 Introduction On behalf of the Competitive Enterprise Institute (CEI), we respectfully submit comments on the Petition for Rulemaking to Protect Consumer’s…
Letters
Coalition Letter on DCA Perimeter Rule
Dear Chairwoman Cantwell and Ranking Member Cruz: We write to inform you that we support expanding the number of flights permitted in and out of…
Comment
Comment on FTC Unfair or Deceptive Fees
Dear Commissioners, On behalf of the Competitive Enterprise Institute, I respectfully submit the following comments in response to the Federal Trade Commission’s proposed rulemaking concerning…
Comment
CEI comments on SEC’s proposed adoption of NYSE listing standards for “Natural Asset Companies”
TO: Securities and Exchange Commission FROM: Stone Allen Washington; Research Fellow at the Competitive Enterprise Institute RE: No. SR-NYSE-2023-09 To the Honorable Gary Gensler,…
Letters
Coalition Letter on American Consumer Institute – Risk Transfer
Chief Counsel’s Office Attention: Comment Processing, Office of the Comptroller of the Currency 400 7th Street SW, Suite 3E–218 Washington, DC 20219 Ann E. Misback…
Comment
CEI Comments on SEC Proposed Rule Change to Amend the NYSE Listed Company Manual
January 17, 2024 Docket ID: Release Nos. 34-99225, File No. SR-NYSE-2023-09 Self-Regulatory Organizations; New York Stock Exchange LLC; Order Instituting Proceedings to Determine Whether…
Letters
Carbon Tariff Coalition Letter
Dear Members of Congress:As the Senate Environment and Public Works Committee is reportedly going to mark-up the PROVE IT Act (S. 1863) this week, the…
Letters
NTU Coalition Letter on Important Needed Tax Reforms
Dear Majority Leader Schumer, Speaker Johnson, Minority Leader McConnell and Minority Leader Jeffries, On behalf of the undersigned organizations who represent the interests of taxpayers,…
Comment
FCC: Safeguarding and Securing the Open Internet, Notice of Proposed Rulemaking, 88 Fed. Reg. 76048
The Competitive Enterprise Institute (“CEI”) respectfully submits these comments in response to the Notice of Proposed Rulemaking (“NPRM”) adopted on October 19, 2023, in the…
Comment
Comments to EPA SNPR for Power Plant Rule
Dear Mr. Fellner: I appreciate this opportunity to provide comments on the supplemental notice of proposed rulemaking for the proposed rule “New Source Performance Standards…
Comment
CEI Comments on Safeguarding and Securing the Open Internet
The Competitive Enterprise Institute (“CEI”) respectfully submits these comments in response to the Notice of Proposed Rulemaking (“NPRM”) adopted on October 19, 2023, in the…
Legal Brief
Reason Et Al. Netchoice Amicus Brief
INTRODUCTION AND INTEREST OF AMICI CURIAE Social media companies, large or small, offer privately owned and mediated spaces for people to associate and exchange ideas…
Comment
OMB Proposed Memorandum on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence.
December 5, 2023 Docket ID: OMB–2023–0020 Proposed Memorandum for the Heads of Executive Departments and Agencies: Advancing Governance, Innovation, and Risk Management for Agency Use…
Comment
Comments on Proposed Memorandum for the Heads of Executive Departments and Agencies: Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence
To Shalanda D. Young, Director of the Office of Management and Budget: The Competitive Enterprise Institute (CEI) is a non-profit public interest organization committed to…
Comment
Comments RE: Docket No. FDA–2023–N–2177 for “Medical Devices; Laboratory Developed Tests
I am an attorney with the Competitive Enterprise Institute. The Competitive Enterprise Institute is a non-profit research and advocacy organization that focuses on regulatory policy.
Comment
Comment to FAST-41 Steering Council on reducing scope of mining industry
John G. CossaGeneral CounselFederal Permitting Improvement Steering Council1800 M St. NW, Suite 6006Washington, DC 20036 Submitted via Regulations.gov November 22, 2023 RE: Permitting Council Docket…
Letters
CEI Joins Letter on Joint Employer CRA
Dear Member of Congress, Small business needs protection. As you are aware, the National Labor Relations Board (NLRB) issued their final rule “Standard for Determining…
Testimony
Testimony before the Senate HELP Committee, November 14, 2023
Chairman Sanders, Dr. Cassidy, ladies and gentlemen of the committee, thank you for the opportunity to speak today. My name is Sean Higgins and I…
Comment
Comment on notice of proposed rulemaking: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
Dear Ms. DeBisschop: I am an attorney with the Competitive Enterprise Institute. I was a senior policy advisor in Department of Labor’s Wage and Hour…
Testimony
Ben Lieberman Testimony: Hearing on “Burdensome Regulations: Examining the Effects ofDepartment of Energy Regulations on America’s Job Creators.”
Chair Williams, ranking member Velazquez, and members of this committee, thank you for the opportunity to testify today. My name is Ben Lieberman and I…
Comment
Comment on WHD NPRM on executive, administrative, and professional exemption
Amy DeBisschop Division of Regulations, Legislation, and Interpretation Wage and Hour Division, U.S. Department of Labor 200 Constitution Ave. NW, Room S–3502, Washington, D.C. 20210…
Letters
Coalition Letter to End IRA Prescription Drug Price Controls
October 31, 2023 Dear Members of Congress, When the Inflation Reduction Act was passed and signed into law a year ago, the legislation granted the…
Testimony
Regulatory streamlining in Pennsylvania would boost opportunities for state residents
Introduction Good morning, members of the Senate Majority Policy Committee. My name is James Broughel and I am a senior fellow at the Competitive Enterprise…
Legal Brief
Brief of Amicus Curiae : SEC v. Jarkesy
In Securities and Exchange Commission v. Jarkesy, CEI attorneys argued that the SEC’s practices could not be reconciled with a proper understanding of the Seventh…
Comment
CEI comments on NHTSA’s proposed Corporate Average Fuel Economy Standards
Thank you for the opportunity to comment on the National Highway Traffic Safety Administration’s (NHTSA’s) proposed corporate average fuel economy (CAFE) standards for passenger cars…
Comment
Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers
October 10, 2023 Docket ID: Release Nos. 34-97990, IA-6353, File No. S7-12-23 To the Honorable Gary Gensler, Chair of the Securities and Exchange Commission, and…
Comment
CEI Comments on National Environmental Policy Act Implementing Regulations Revisions Phase 2
To Brenda Mallory, Chair of the Council on Environmental Quality: The Competitive Enterprise Institute (CEI) is a non-profit public interest organization committed to advancing the…
Comment
CEI Comments on Proposed NEPA Implementing Regulations
Thank you for the opportunity to comment on Phase 2 of the Council on Environmental Quality’s (CEQ’s) proposed revision of its National Environmental Policy Act…
Comment
Comments on the Department of Energy’s Proposed Energy Conservation Standards for Residential Water Heaters
I. INTRODUCTION The undersigned free market and consumer organizations have a longstanding interest in bringing to light the deleterious consequences of federal regulations, which are…
Comment
Comments of the Competitive Enterprise Institute
September 26, 2023 RE: Premerger Notification; Reporting and Waiting Period Requirements Docket ID No.: FTC-2023-0040-0001 On behalf of the Competitive Enterprise Institute (CEI), we respectfully…
Comment
CEI’s James Broughel Comments on Proposed Guidance for Assessing Changes in Environmental and Ecosystem Services in Benefit-Cost Analysis
September 18, 2023 Docket ID: OMB–2022–0016 Request for Comments on Proposed Guidance for Assessing Changes in Environmental and Ecosystem Services in Benefit-Cost Analysis Comments Prepared…
Comment
CEI Comments on FTC-DOJ Merger Guidelines
September 15, 2023 RE: FTC-DOJ Merger Guidelines Matter No.: P859910 The authors of this submission first want to thank the Federal Trade Commission (FTC) and…
Testimony
CEI’s Marlo Lewis testifies before Natural Resources subcommittee on examining systemic government overreach at CEQ
Testimony of Marlo Lewis, Jr.Senior Fellow in Energy and Environmental Policy Competitive Enterprise Institute (CEI)on“Examining Systemic Government Overreach at CEQ” before Natural Resources…
Testimony
CEI’s Ben Lieberman testifies before Energy and Commerce Committee on DOE efficiency standards for home appliances
Committee on Energy and Commerce Subcommittee on Energy, Climate, and Grid Security U.S. House of Representatives 2123 Rayburn House Office Building…
Testimony
The Disproportionate Burden of Federal Regulation on Small Businesses
Submission to the U.S. Senate Committee on Small Business & Entrepreneurship Hearing on “One Size Does Not Fit All: Understanding the Importance of Rightsizing Regulations…
Letters
Dismantling the Inflation Reduction Act green Subsidies Coalition Letter
August 16, 2023Dear Members of Congress:On the first anniversary of enactment of the so-called Inflation Reduction Act (IRA), the undersigned organizations strongly urge you to…
Comment
CEI Comments on the EPA’s CO2 Powerplant Emission Performance Standards
Thank you for the opportunity to comment on the Environmental Protection Agency’s (EPA’s) proposed greenhouse gas (GHG) emission standards and guidelines for new and existing…
Legal Brief
Brief of Amicus Curiae : Loper Bright Enterprises v. Raimondo
Comment
Procedures for Previously Exempt State and Local Government Employee Complaints of Employment Discrimination under Section 304 of the Government Employee Rights Act of 1991, RIN 3046-AB09
Submitted via Regulations.gov RE: Procedures for Previously Exempt State and Local Government Employee Complaints of Employment Discrimination under Section 304 of the Government Employee Rights…
Comment
Comment on Energy Conservation Standards for Dishwashers
I. SUMMARY The proposed rule would tighten the energy and water efficiency standards for residential dishwashers, despite the fact that the standards currently in effect…
Letters
Letter of Support on the Small Business Regulatory Reduction Act and the POST IT Act
Letters
CEI Co-Leads Coalition Letter on Railroad Safety Act
Dear Members of Congress: The undersigned individuals write to express concerns with the Railway Safety Act (S. 576). Safety advancement in any mode of…
Letters
Letter of Support on H.R. 890 and H.R. 3230
Comment
Energy Conservation Program: Energy Conservation Standards for Dishwashers; Notice of proposed rulemaking and request for comment
Action Notice of proposed rulemaking and request for comment. Summary The Energy Policy and Conservation Act, as amended (“EPCA”), prescribes energy conservation standards for various…
Comment
Marlo Lewis CEI Comments on EPA’s Greenhouse Gas Motor Vehicle Standards
Thank you for the opportunity to comment on the Environmental Protection Agency’s (EPA’s) proposed greenhouse gas (GHG) emission standards for model years (MYs) 2027-2032 passenger…
Comment
Comment Extension Request, OMB-2022-0014
Dear Administrator Revesz:The Competitive Enterprise Institute (CEI) respectfully requests that the Office of Information and Regulatory Affairs (OIRA) extend the comment period by at least…
Letters
CEI Joins Coalition Letter in Opposition of S. 1838 and H.R. 3881 Credit Card Competition Act (CCCA)
Dear Members of Congress: We, the undersigned organizations and individuals, oppose the inaccurately named Credit Card Competition Act of 2023 (S. 1838 and H.R.
Letters
CEI Joins Coalition Opposing the Protecting the Right to Organize (PRO) Act
Dear Chairman Sanders; Ranking Member Cassidy; and Members of the Senate Committee on Health, Education, Labor and Pensions – On behalf of the millions of…
Comment
CEI Comments on Proposed OMB Circular No. A-4
RE: Request for Comments on Proposed OMB Circular No. A-4, “Regulatory Analysis”, 88 FR 20915 (Apr. 7, 2023), Docket OMB-2022-0014 Dear Mr. Revesz, I am…
Comment
OMB’s Problematic Circular A-4 Rewrite
OUTLINE Discard the pro-regulatory bias of the federal government Restore regulatory streamlining prior to Circular A-4 rewrite Restore the $100 million threshold for regulation…
Comment
CEI Comments on Proposed Circular A-4, Regulatory Analysis
Dear Administrator Revesz: I appreciate this opportunity to provide comments on the proposed Circular A-4, “Regulatory Analysis.”1 The focus of my comments is on the…
Comment
CEI Comments on OMB’s Revision of Circular A-4 Regulatory Accounting Guidelines
Thank you for the opportunity to submit comments on the Office of Management and Budget’s (OMB’s) Draft for Public Review of its proposed update of…
Letters
CEI Joins Coalition Letter Supporting Efforts to Stop Tobacco Prohibitions in Ag Approps Bill
Chairwoman Granger and Ranking Member DeLauro, The undersigned organizations representing millions of consumers and taxpayers support Sections 768 and 769 of the Fiscal Year 2024…
Comment
Comments to the Office of Management and Budget on the proposed draft update to Circular A-4: Regulatory Analysis
The Competitive Enterprise Institute (CEI) is a non-profit public interest organization committed to advancing the principles of free markets and limited government. CEI has a…
Legal Brief
Moore v. United States Reply Brief
No. 22-800 In The Supreme Court of the United States CHARLES G. MOORE and KATHLEEN F. MOORE, Petitioners, v. United States of America, Respondent. On…
Comment
CEI Comments on Docket ID No. EPA–HQ–OAR–2018–0794
Dear Ms. Benish: I appreciate this opportunity to submit comments on the proposed Mercury and Air Toxics Standards (MATS) for power plants. Attached please find…