Agile Regulation, Mask Mandates, and Environmental Reviews
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Regulation Digest
April 20, 2022
Vol. 11, No. 16
Editor: Bryce Chinault

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Marketplace of Ideas
GW Regulatory Studies Center
- Agile Regulation for Our Future, Apr. 26
- Dynamic Competition & Public Policy, Video
- The Problem With the Supreme Court's Shadow Docket, Richard Pierce

ITIF
- DOE’s Office of Clean Energy, Tanya Das, et al.
- Active Carbon Mgmt., Stefan Koester & David Hart
- The Future of Buying Cars, Podcast

Manhattan Institute
- Breath of Fresh Air, Joel Zinberg
- Unleashing the Nurse Practitioners, Tim Rice

Mercatus Center
- Low Availability & High Costs in Maternity Care, Darcy Bryan
- SC's CoN, Matthew Mitchell

NBER
- Independent Regulators & Financial Stability, Marco Del Angel & Gary Richardson

Niskanen Center
- Carbon Border Adjustments, Apr. 26

Reason
- FDA's Food Side Is 'Broken', Baylen Linnekin

R Street Institute
- High Price of “Cheap” Gas, Nan Swift
- Pillars of a U.S. Privacy Law, Apr. 25

RFF
- Offshore Wind Supply Chain, Podcast

SSRN
- Uniform Token Regulation Act, Paul Watkins & Danielle DuBose
- Plastics & the Limits of US Environmental Law, Robert Adler & Carina Wells
- FDA, USDA, & Cell-Cultured Meat, Tammi Etheridge
- Private Costs of Behavioral Interventions, Avishalom Tor

The Regulatory Review
- Race & Regulation, Series

Washington Legal Fdn.
- SCOTUS, don't defer on WOTUS, Cory Andrews, et al.

Yale Journal on Reg.
- AdLaw Reading List, Christopher Walker

American Action Forum
- Europe’s Digital Markets Ac & Us, Jeffrey Westling
- Moving & Shaking at the FHFA, Doug Holtz-Eakin

AEI
- Tech Sector Too Concentrated?, Podcast

Bipartisan Policy Center
- Global Entrepreneurship Congress, Dane Stangler

Brookings Institution
- A new digital regulatory authority, Tom Wheeler
- EU’s experiment in overhauling competition rules, Aline Blankertz
- Content moderation in podcasts, Valerie Wirtschafter & Chris Meserole

C. Boyden Gray Center
- Oversight Riders, Kevin Stack & Michael Vandenbergh

Cato Institute
- Real Effects of Climate Policy, Söhnke Bartram, et al.
- Misguided Big Tech Antitrust Legislation, Matthew Feeney
- Sackett v. EPA, Jay Schweikert & William Yeatman
- Financial Privacy in a Digital Era, Apr. 21

CAP
- Abandoned Offshore Oil Wells, Zainab Mirza, et al.

CEI
- Biden’s Fusion of Regulation & Censorship, Wayne Crews
- Push Back on SEC Climate Proposal, Richard Morrison

Federalist Society
- Chevron Deference, Webinar
- Stablecoins, Podcast

Free State Fdn.
- All Atwitter about Twitter, Randy May

Heritage Foundation
- Climate Change Reporting Requirements, Patrick Tyrrell

Inst. for Policy Integrity
- CEQ on Carbon Capture, Utilization, & Sequestration Guidance, Derek Sylvan
Editor's Note: There’s still time to...
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Agency Rulemaking Highlights
COVID-19 Related Actions

CDC: Advisory Committee on Immunization Meeting
FDA: Emergency Diagnostic Device Revocation

Ukraine/Russia Related Actions
DHS: Temporary Protected Status & F-1 Employment
ISB: Expansion of Sanctions
Other Notable Actions

NEPA Revisions
The Council on Environmental Quality issued a final rule amending the implementation of National Environmental Policy Act regulations, and restoring provisions that were modified in 2020. Effective May 20.
**Read Mark Febrizio's comment to CEQ from November 2021.

Bottled Water Quality
The Food & Drug Administration issued a final rule that reduces the amount of fluoride that can be in bottled water to no more than 0.7 mg/L. Effective June 21.

"Regular Business"
The Securities & Exchange Commission issued a proposed rule to further define certain aspects of its government securities dealer regulations. Comments due May 27.

Canola Oil as Fuel
The Environmental Protection Agency issued a proposed rule to analyze the lifecycle greenhouse gas emissions associated with biofuels that are produced from canola/rapeseed oil. Comments due May 18.
The Opinion Section
Allysia Finley: California’s Medical ‘Misinformation’ Crusade Could Cost Lives
Binyamin Appelbaum: Enough About Climate Change. Air Pollution Is Killing Us Now.
Devin Hartman: Earth Week Should Celebrate Competitive Markets as the Unsung Climate Hero
Hannah Druckenmiller: Wetland Conservation is Worth the Cost
Paul Kupiec: Biden’s Climate Change War is Reaching a Dangerously Familiar ‘Choke Point’
Ilya Somin: Federal Court Rules Against CDC Transportation Mask Mandate
Stephen Carter: The Airline Mask Mandate Never Stood a Chance
WSJ Editorial: Sandbagging an Alzheimer’s Treatment
NYT Editorial: Save America’s Patent System
Howard Husock: Why Reform a Lending Law that We May Not Need at All?
Marc Rubinstein: Jamie Dimon’s Subtle Message to Bank Regulators
Anne Finucane: How a Carbon Credits Market Can Fund Climate Innovation
Patrick Gleason: Why States Continue to Overrule Local Regulation of Fossil Fuels
Alison Somin: Tennessee Will End Government Agency Favor in Courts with New Judicial Bias Law
Robert Litan: The Supreme Court Won’t Dismantle the Administrative State Quite Yet
In the News
Congress & Regulatory Reform
  • Biden’s Ex-Regulation Chief Served Unlawfully, Watchdog Says, Bloomberg
  • Gillibrand, Kildee to introduce bill to protect firefighters from toxic ‘forever chemicals’, The Hill
Financial Markets & Housing
  • Homeowner Groups Seek to Stop Investors From Buying Houses to Rent, Wall Street Journal
  • Gary Gensler Reflects on His First Year as S.E.C. Chair, New York Times
  • Biden to Nominate Michael Barr as Top Fed Banking Regulator, Wall Street Journal
  • Are Stablecoins Backed by Algorithms All That Stable?, Wall Street Journal
Energy & Environment
  • Biden announces E15 gas waiver for summer in bid to lower prices, Axios
  • Biden restores climate safeguards in key environmental law, reverses Trump, Washington Post
  • New Biden NEPA regs won't stop legal war over Trump overhaul, E&E News
  • ‘Tangled Web’ of Laws, Regulations Stifles Carbon Capture Push, Bloomberg
  • Can Coal Plants Turn Into Nuclear Reactors?, Wall Street Journal
  • Biden ‘cost of carbon’ policy survives another legal hurdle, Associated Press
  • California Reveals Its Plan to Phase Out New Gas-Powered Cars by 2035, New York Times
  • Utilities Want to Convert Coal Plants to Nuclear; Skeptics Abound, Wall Street Journal
  • Gina McCarthy, Top Climate Adviser, Is Said to Be Planning Departure, New York Times
  • Scope 3 Rules Hinder Progress on Emissions, Researchers Say, Wall Street Journal
  • Methane Leaks From Small Wells Spur Call for Stiffer Regulation, Bloomberg
  • FERC rejects challenges to gas climate reviews, E&E News
  • Europe’s Carbon Market Passes the Test, Wall Street Journal
  • Biden Seeks to Almost Double Permitted Renewables Capacity on Public Land, Bloomberg
  • Biden administration announces new oil, gas lease sales, royalty hike, The Hill
  • Oil Industry Objects to Fees, Permits to Mitigate Accidental Bird Killings, Wall Street Journal
Health & Safety
  • FDA's Food Failure, Politico
  • FDA Probes Lucky Charms’ Possible Link to Illnesses, Wall Street Journal
  • Despite new regulations, US faces major asbestos problem, The Hill
  • Biden Could Fight Ruling Striking Down Transportation Mask Mandate, Wall Street Journal
  • Some European airlines lift mask requirements on trans-Atlantic flights., New York Times
  • FDA now able to regulate e-cigarettes that use synthetic nicotine, The Hill
  • Highly anticipated EPA draft says formaldehyde causes cancer, The Hill
  • US agency mulls yanking Arizona’s work safety oversight, Associated Press
Business & Technology
  • Biden to require US-made steel, iron for infrastructure, Associated Press
  • A New Legal Tactic to Protect Workers’ Pay, New York Times
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