Federal Agencies to Implement Contingency Plans Following Government Shut-down: Update #3

October 8, 2013

Updated October 8, 2013 (5:00 PM)

The lapse in appropriations for the federal government enters its second week today and there is currently no end in sight. 

This update on the impact on agency operations reflects new information about the shut-down status of federal departments or agencies since our update of October 3rd.

Federal Courts (UPDATE).  The U.S. Court of Appeals for the District of Columbia Circuit has denied two requests by the Department of Justice (DOJ) to delay oral arguments in pending challenges to Environmental Protection Agency (EPA) rulemakings.  Because the court denied the request to delay proceedings, DOJ and EPA personnel needed to prepare for oral arguments are exempt from furlough to the extent required by the court’s order.  Contact Mike McBride for further details.

Federal Energy Regulatory Commission (UPDATE). The FERC has indicated that its prior year appropriations have not yet been exhausted and remains open for the time being.  Contact Doug SmithSusan Olenchuk or David Yaffe for further details.

Nuclear Regulatory Commission (NRC) (UPDATE).  According to an announcement made this morning, NRC expects to run out of previously appropriated funds by Thursday, October 10, if Congress does not appropriate new funds by then.  An NRC blog post also notes that public meetingsscheduled for this week are in the process of being cancelled or postponed.  Contact Mike McBride for further details.

Securities and Exchange Commission (SEC) (UPDATE). The SEC has indicated that its prior year appropriations have not yet been exhausted and remains open for the time being.  Contact Lisa Epifani for further details.

United States Coast Guard (USCG) (NEW). The USCG, an office within DHS unless activated for military purposes, remains open for essential services including search and rescue, port and homeland security, law enforcement, environmental response, and activities to maintain military readiness. More routine and commercial operations including vessel construction inspections, seaman licensing, bridge administration, recreational boating safety activities, community relations, procurement, and oversight have been suspended for the duration of the lapse in appropriations. Contact Ben McMakin for further details. 

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Van Ness Feldman’s lawyers and lobbyists have worked for decades in both the public and private sectors to create, impact, shape, implement, and comply with the nation’s major energy, environmental, natural resource, transportation, health care, tax, and other laws.  The firm is recognized as a leader in Government Relations by Chambers USA and U.S. News/Best Law Firms.  For questions regarding the current government shut-down and its potential impacts, please contact any member of the firm’s Government Relations & Public Policy Practice at 202.298.1800. 

Avi Zevin, Gabe Tabak, and Mike O’Neill, Van Ness Feldman’s newest associates, contributed to this alert.