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Regulation Digest

April 26, 2023

Vol. 12, No. 17

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Podcast: What’s In the EO on Modernizing Regulatory Review?, Bridget Dooling & Mark Febrizio

- HUD’s Affirmatively Furthering Fair Housing Proposal, Sarah Hay

- Event w/ SBCA:

Revising Regulatory Review: Expert Insights on the Biden Administration’s Draft Guidelines for Regulatory Analysis, 5/8 (RSVP link coming soon)


- Event: Regulating the Regulators: The Recent Past and Future, 5/17

- Student Loan Pause Has Benefitted Affluent Borrowers the Most, Beth Akers

American Prospect

- How Secret ‘Bondage Fees’ Trap Contracted Workers in Low-Wage Jobs, Sarah Lazare

Bipartisan Policy Ctr.

- Government Intervention in Support of Quality Carbon Credits, Danny Broberg et al. 

- Framework for Securing American Critical Mineral Supply Chains, Danny Broberg et al. 

Brookings Institution

- A New Framework for How Firms Can Manage Climate Risks, Sanjay Patnaik & Kira Fabrizio

C. Boyden Gray Center

- Podcast: Congress’s Power of the Purse in the Modern Administrative State, Mick Mulvaney et al. 

Cato Institute

- Work Requirements in SNAP, Chris Edwards

- TikTok Panic Threatens Speech, Will Duffield


- Use of Immigration Parole Authority Is a Smart and Lawful Approach, Tom Jawetz


- The Car Rule and the Major Questions Doctrine, Daniel Farber

- Nevada Is Pioneering Efforts to Protect Laborers from Heat and Pollution, Cinthia Moore

- Delivering Environmental and Climate Justice Block Grants to Communities in Need, Alice Kaswan & Catalina Gonzalez


- Biden EO on ‘Environmental Justice’ Poses Threat to all Americans, Clyde Wayne Crews & Daren Bakst

- Small Business Regulatory Flexibility Improvements Act, Matthew Adams

Data Foundation

- Event: Eager for AI: A Briefing on Prioritizing Data Readiness in Government, 5/4

- Eager for AI Report 

Federalist Society

- Navigating the Axon Decision: Understanding its Implications for Federal Agencies and Administrative Law, Russell Balikian et al. 

- Event: Food Safety: When Regulatory Jurisdictional Battles and Public Safety Collide, 4/27


- Electronic Health Information Exchange: Use Has Increased, but Is Lower for Small and Rural Providers


- Reporting Cyberattacks Will Soon Be Mandatory. Is Your Company Ready?, Michael Daniel

- 3 New US Employment Regulations That Companies Should Prepare for Now, Charles G. Tharp

Heritage Foundation

- Emissions-free EVs Are a Fantasy, Diana Furchtgott-Roth


- Tech Investments Should Be a Priority in Rail Safety Act, Daniel Castro

Mercatus Center

- Independent Work Provides Income Opportunities for Millions of Older Americans, Liya Palagashvili


- How Far Goods Travel: Global Transport and Supply Chains from 1965-2020, Sharat Ganapati & Woan Foong Wong


- Borrowers With High Credit Scores Penalized Under New Federal Mortgage Fee Plan, Elizabeth Nolan Brown

R Street

- Pro-Innovation Governance Strategies for AI, Adam Thierer

- CFPB is Headed to the Supreme Court, Caroline Melear


- US Road Infrastructure, Matt Fleck et al. 


- Event: Benefit-Cost Analysis for Beginners, 4/28


- Litigating for Regulatorily Required Social Cost Internalization, Robert C. Hockett

- A Survey of Short Selling Regulations, Amy K. Edwards et al.

The Regulatory Review

- On Anti-ESG Resolution, Biden Issues First Veto, Alexandra Walsh

- Investing for Values, Value, or Both?, Dana M. Muir

- Week In Review (features ‘Rulemaking By Contract’ from Rachel Augustine Potter & RSC’s Bridget C.E. Dooling)

Urban Institute

- Is It Time To Reform Medicaid and Medicare Supplemental Payments?, Teresa A. Coughlin & John Holahan

Washington Legal Fdn.

- FTC Illuminates the Path of Future Vertical Merger Review, Gerald A. Stein & Marisa Madaras


- Standing on Two Legs, or Just One?, Laura Stanley

- Properly Limiting the Major Questions Doctrine to “Extraordinary” Cases, Brianne Gorod et al.

American Action Forum

- CMS’ Prospective Payment System Proposal, Jackson Hammond

- Dreaming Big, Bungling Bigger, Jackson Hammond

- Expediting Immigrant Labor Certification, Isabella Hindley

Agency Rulemaking Highlights

Notable Actions

Revitalizing the Commitment to Environmental Justice

President Biden’s Executive Order 14096 directs a whole-of-government approach to restoring and protecting "an environment that is healthy, sustainable, climate-resilient, and free from harmful pollution." The order calls for implementing and enforcing environmental and civil rights laws, including just and equitable treatment in agency decision-making and activities that affect human health and the environment.


Emission Standards for Coal- and Oil-Fired Utilities

The Environmental Protection Agency (EPA) proposes to amend the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Coal- and Oil-Fired Electric Utility Steam Generating Units. EPA will hold a virtual public hearing on May 9. Comments due June 23.

Clarifying Eligibility for Various Health Insurance Programs

The Centers for Medicare & Medicaid Services issued a proposed rule to make several clarifications and update the definitions currently used to determine whether a consumer is eligible to enroll in a Qualified Health Plan through an exchange, a Basic Health Program, and for some state Medicaid and Children's Health Insurance Programs. Comments due June 23.

Increasing Access to High-Quality Care and Supporting Caregivers

President Biden signed Executive Order 14095 aiming to address affordability and workforce challenges in the markets for child care and long-term care for persons with disabilities and older adults needing support in their homes.

Standards for Chemical Manufacturing

EPA proposes amendments to the New Source Performance Standards that apply to the Synthetic Organic Chemical Manufacturing Industry and Group I and II Polymers and Resins Industries. EPA will hold a virtual public hearing on May 16. Comments due June 26.

Equitable Housing Finance Plans

The Federal Housing Finance Agency seeks comments on a proposed rule that would address barriers to sustainable housing opportunities for underserved communities by adding new requirements related to fair lending, fair housing, and Equitable Housing Finance Plans. Comments due June 26.

Nondiscrimination on the Basis of Disability

The Department of Housing and Urban Development seeks public input on a notice of proposed rulemaking to implement regulations for Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in all programs and activities receiving federal financial assistance. The notice aims to develop advances in accessible design, information and communication technology, and assistive technologies that have become available since the Section 504 regulations were published in 1988. Comments due July 24.

Negative Option Rule

The Federal Trade Commission seeks comments on proposed amendments to its Negative Option Rule which combats unfair or deceptive practices that include recurring charges for products or services consumers do not want and cannot cancel without undue difficulty. Comments due June 23.

Side Underride Guards

The National Highway Traffic Safety Administration issued an advance notice of proposed rulemaking to conduct research on side underride guards to better understand their overall effectiveness and assess the feasibility, benefits, costs, and other impacts of installing side underride guards on trailers and semitrailers. Comments due June 20.

The Opinion Section

Sharon Block: Biden’s New Executive Order Will Improve Federal Policymaking — Here’s How

Clyde Wayne Crews: Congress Must Mobilize to Halt Biden’s Radical Administrative State Transformation 

Marc A. Thiessen: Downloading TikTok is Like Downloading a Chinese Spy Onto Your Phone

Mark Dimondstein: The Bank Crisis is the Latest Argument to Expand Postal Service Banking

Adam Brandon: House GOP Should Trade the Debt Ceiling for REINS Act

Henry Miller & Kathleen Hefferon: Biopharming Can Help Pioneer New Treatments but Cumbersome, Outdated Regulations Block Innovation

Danielle Allen: The Next Level of AI is Approaching. Our Democracy Isn’t Ready.

Erica Werner: California Needs More Homes. So Why are These Sitting Vacant?

Jared Meyer: Texas Looks to the Free Market to Tackle Housing Costs

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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