Regulation Digest, April 7

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Agency Rulemaking Highlights

COVID-19 Related Actions

FDA: Emergency Use of a Medical Device

HUD: CARES Act Quarterly Reporting

CLA: Vaccine Access for People With Disabilities

Other Notable Actions

DOT Revoking Rule on Rules

The Dept. of Transportation is revoking internal procedures--codified in December 2019--on issuing regulations, guidance documents, and enforcement actions. Effective May 3.

Housing & Community Development Eligibility

The Dept. of Housing & Urban Development withdrew a May 2019 proposed rule - Housing and Community Development of Act 1980: Verification of Eligible Status. Effective April 2.

Lead & Copper Rule

The Environmental Protection Agency issued a request for public comment as it considers revising the Lead and Copper rule. EPA will also host virtual events on April 28 and May 5. Comments due June 30.

Prevailing Wages for Immigrants

The Employment & Training Administration issued a request for information on the sources of data and methodologies for determining prevailing wage levels covering employment opportunities that US employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas. Comments due June 1.

High Chair Safety Standard

The Consumer Product Safety Commission issued a direct final rule incorporating by reference the ASTM voluntary standard for high chairs. Effective July 3 unless significant adverse comments are received by May 3.

The Opinion Section

Utsha Khatri & Elizabeth Samuels: Telehealth Shouldn’t Mean 'Videohealth' for Opioid Treatment

Eugene Volokh: Justice Thomas Suggests Rethinking Legal Status of Digital Platforms

Richard Schmalensee & David Schoenbrod: Biden's Selfish Plans on Climate Change

Bill Dudley: This Bank Regulation Is Undermining the Recovery

James Capretta: The Alternative to Regulating Health Care Prices

Ilya Somin: How Immigration Restrictions Undermine the Rule of Law

Alexis Leondis: SEC’s Stodgy SPAC Alerts Won’t Protect Investors

Greg Ip: How Bidenomics Seeks to Remake the Economic Consensus

Mario Loyola: It Takes Lots of Permits to Save the Planet

WSJ Editorial: A Unanimous Knockout on Media Rules & Biden Defines Infrastructure Down

Kara Swisher: Jeff Bezos Is Taunting Politicians. Will They Take the Bait?

Kate Crawford: Time to Regulate AI that Interprets Human Emotions

Tom Wheeler: Facebook Says It Supports Internet Regulation. Here's an Ambitious Proposal That Might Actually Make a Difference

Robert Frank: Why the Markets Need a Strong Government Hand

Joe Luppino-Esposito & Daniel Ortner: Biden Should Join the Fight Against Overcriminalization

David Dana & Claire Priest: Will the Supreme Court Abandon Federalism to Defeat Pro-Labor Regulation?

In the News

Congress & Regulatory Reform

Democrats Seek to Undo Six ‘Midnight’ Regulations, Government Executive
Calls Grow to Abandon Regulations Eased Under Covid (Hello, Cocktails to Go), Wall Street Journal

Financial Markets & Housing

Biden Seeks to Ease Housing Shortage With Looser Zoning Rules, Wall Street Journal
Consumer Agency Seeks to Restrict Foreclosures Through 2021, Wall Street Journal
What Makes an Investment 'Green'?, Wall Street Journal

Energy & Environment

EPA Chief Vows Tougher Tailpipe Rules by July, Unwinding Trump’s, Bloomberg
Court tosses Trump rule limiting emissions regulations, The Hill
Energy Dept. pushes to reverse Trump-era rule on efficiency standards, The Hill
Senate ruling clears way for Biden infrastructure, climate plan, Greenwire
EPA Justice Shift May Boost Enforcement in Polluted Communities, Bloomberg
How Biden's environmental justice plan could backfire, Energywire
Biden Infrastructure Plan Has Unlikely Ally in Trump Permit Redo, Bloomberg
House Democrats introduce carbon pricing measure, The Hill
Lawsuit foreshadows feud over Biden's social cost of carbon, Climatewire

Health & Safety

Biden Rule on Covid-19 Workplace Safety Misses Deadline, Wall Street Journal
Possible Side Effects of AstraZeneca Vaccine Come Into Sharper Focus, New York Times
Whistleblower Program for Auto Safety Has Yet to Launch, Years After Congress Mandated It, Wall Street Journal
The Biden administration will seek the public’s input on a Title IX overhaul., New York Times
HHS’ proposed 510(k) exemption proves the need for regulatory science, Regulatory Focus

Business

Employers Use Courts to ‘Raise the Cost’ on DOL Rule Reversal, Bloomberg
Supreme Court Upholds Rollback of Federal Restrictions on Media Ownership, Wall Street Journal

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