COVID Vaccines, Arctic Drilling, OMB Staff, and Midnight Regulations
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Regulation Digest
December 9, 2020
Vol. 9, No. 48
Editor: Bryce Chinault

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Marketplace of Ideas
GW Regulatory Studies Center
- Delegation, Time, & Congressional Capacity, Richard Pierce

SSRN
- Digital Markets & Online Platforms, Jan Kraemer, et al.
- Fed. Judges Appointed by President Trump, Kenneth Manning, et al.

The Regulatory Review
- Reasserting Tribal Forest Management, Cynthia Harris
- 30 Years: Americans With Disabilities Act, Series

Tech Policy Institute
- Ten Tech Principles for the Biden Administration, Scott Wallsten, et al.

Urban Institute
- Reimagining Workplace Protections, Dec 9

Washington Legal Fdn.
- The Internet is Essential, but the Essential Facilities Doctrine Isn’t, Ben Sperry

Yale Journal on Reg.
- FCC Memo Reinforces Commitment to Economic Analysis, Jerry Ellig

American Action Forum
- Improving Maternal Health, Tara O'Neill Hayes
- Interim Final Rules, Dan Bosch
- The C-Band Auction, Jennifer Huddleston

AEI
- Financial stress test assessments, Paul Kupiec
- Warnings about misinformation?, Bronwyn Howell
- Transatlantic relationship on tech, Shane Tews

Bipartisan Policy Center
- 2020 Solutions Summit

Brookings Institution
- What to expect from a Biden FCC, Darrel West, et al
- Making climate policy stick, David Victor, et al.
- Tech industry needs regulation, Mark MacCarthy
- WH guidance downplays AI harms, Alex Engler

Cato Institute
- Cochran v. SEC, Russell Ryan, et al.
- The Wide World of ESG, Jennifer Schulp

CAP
- DOL License To Discriminate, Maggie Siddiqi

Economic Policy Inst.
- USCIS preference allocation system, Daniel Costa & Ron Hira

Federalist Society
- FCC's Ajit Pai, Podcast

Free State Fdn.
- Conservative Counter-revolution in Admin. Law, Joseph Postell
- Transitions to Next-Gen Broadband, Seth Cooper
- Congress Should Fund Needed Broadband Maps, Randolph May & Andrew Long

Inst. for Policy Integrity
- A New Grid, Dec 14

Manhattan Institute
- Blue State, Red Tape, Kerry Jackson
- Continuous Renewable Coverage, Chris Pope

Mercatus Center
- HHS’s Innovative New Sunset Regulation, James Broughel & Kofi Ampaabeng
- Drone Technology, Airspace Design, & Aerial Law, Brent Skorup

NBER
- Corporate Social Responsibility & Imperfect Regulatory Oversight, Jean-Etienne de Bettignies, et al.
- Effect of Occ. Licensing Stringency, Bradley Larsen

Reason
- Sometimes Bigger Is Better, Ryan Young
- FCC's Ajit Pai, Podcast

R Street Institute
- Don’t expect regulations to be a viable climate strategy, Philip Rossetti
- Making Electric Transmission Competitive, Josiah Neeley & Beth Garza

RFF
- Benefit-Cost Analysis for Environmental Regulation, Dec. 10
- Biden’s Regulatory Agenda Will Go through the CAA, Alan Krupnick
- EVs to Reduce Carbon Emissions, Virginia McConnell & Benjamin Leard

SBCA
- Appraisal Optimism in Benefit-Cost Analysis, Peter Abelson

Various Sources
- Global Tech Governance, World Economic Forum
Editor's Note: Susan Dudley joined a statement with other former OMB officials on a proposed staffing policy change.
Agency Rulemaking Highlights
COVID-19 Related Actions

EOP: Use of the National Guard
CDC: Immunization Practices
FDA: Vaccine Meeting and Use of Medical Devices
FEMA: Personal Protective Equipment
VA: Loan Guaranty
Other Notable Actions

Clean Air Act Rulemaking Process
The Environmental Protection agency issued a final rule on benefit-cost analysis of rulemaking activity related to the Clean Air Act. Effective upon publication in the Federal Register.

Community Reinvestment Act
The Comptroller of the Currency issued a notice of proposed rulemaking regarding "CRA evaluation measure benchmarks, retail lending distribution test thresholds, and community development minimums under the general performance standards." Comments due February 2, 2021.

Automated Driving System
The National Highway Traffic Safety Administration issued an advance notice of proposed rulemaking on the development of a framework for Automated Driving System safety. Comments due February 1, 2021.

Arctic Drilling
The Dept. of the Interior issued a proposed rule "to revise its existing regulations for exploratory drilling and related operations on the Arctic Outer Continental Shelf." Comments due February 8, 2021.

NEPA Implementation
The Dept. of Energy issued a final rule that updates its National Environmental Policy Act implementation procedures. Effective January 4, 2021.

Wireless Infrastructure
The Federal Communications Commission issued a final rule which "promotes accelerated deployment of 5G and other advanced wireless services by facilitating the collocation of antennas and associated equipment on existing infrastructure while preserving the ability of state and local governments to manage and protect local land-use interests." Effective January 4, 2021.

AI and the Federal Government
President Trump signed Executive Order 13960 encouraging the use of artificial intelligence within agency operations.
The Opinion Section
Former OMB Officials: Joint Statement on Proposed Staff Reclassifications in the Office of Management and Budget
Veronique de Rugy: Slash Regulation. Prioritize Growth.
Cass Sunstein: The FDA’s Slowness on a Covid Vaccine Isn’t the Issue
Megan McArdle: ‘Warp Speed’ for the Coronavirus Vaccine Ended When It Reached U.S. Regulators
Walter Russell Mead: Climate Finance May Foul the Economy
David Coursen: Reversing Rollbacks in the Post Trump-Era is Not Enough
Michael Gerrard: How Biden Can Put the U.S. on a Path to Carbon-Free Electricity
Steven Anderson & Kent Lassman: Time to Rein in Government's Pandemic Overreach — Starting with CDC's Eviction Ban
David Weaver: Social Security Admin. is Preparing to Bar 500,000 Americans from Getting Benefits
Gil Kerlikowske: Better Regulating Cannabis
Brendan Ahern: SEC Proposes Orderly Solution To Avoid Delisting Chinese Companies
Roger Cochetti: The Most Important Internet Issue You've Never Heard of
In the News
Congress & Regulatory Reform
  • 'Reading the tea leaves': The future of OIRA under Biden, E&E News
  • Trump administration pushes 'midnight regulations' after breaking records for final-year rulemaking, CNN
  • Senate Approves Trump’s Pick for FCC, Wall Street Journal
Financial Markets & Housing
  • Whistleblowers Worry SEC’s Interpretation of ‘Independent Analysis’ Could Discourage Tipsters, Wall Street Journal
  • SEC Approves Plan to Bring More Detailed Stock-Market Data to Public, Wall Street Journal
  • Top currency regulator says to expect ‘clarity’ in coming weeks on bitcoin, CNBC
  • China to adopt 'positive and prudent' approach towards fintech regulation, banking regulator says, Reuters
Energy & Environment
  • Here are the leading candidates to carry out Biden’s climate change plan., New York Times
  • EPA to Retain Existing Soot Standards After Review, Wall Street Journal
  • New Trump Rule Would Downgrade Health Benefits in Air Pollution Decisions, New York Times
  • What the fight over EPA chief says about Democratic divisions, Washington Post
Health & Safety
  • Head of FDA Advisory Panel Predicts Approval for Pfizer’s Covid-19 Vaccine, Wall Street Journal
  • A Trump Immigration Policy Is Leaving Families Hungry, New York Times
  • Canada health regulator approves Pfizer’s COVID-19 vaccine., Washington Post
  • E.U. Privacy Rule Would Rein In the Hunt for Online Child Sexual Abuse, New York Times
  • Vaccine distribution, regulatory rollbacks top 2021 health agenda, The Hill
  • Trump Immigration Loss: Judge Declares H-1B Visa Rules Unlawful, Forbes
Business
  • Boeing Makes First 737 MAX Delivery Since Lifting of FAA Ban, Wall Street Journal
  • Trump-Era Tax Rule Benefiting Some Multinationals May Get Revised Under Biden, Wall Street Journal
  • U.S. Tech Giants Face Tighter Regulation in Europe, Wall Street Journal
  • U.S. Supreme Court hears oral argument in case involving when people may challenge IRS regulations, Ballotpedia
  • Google, Amazon, Microsoft Must Disclose How They Rank Search Results Under New EU Rules, Forbes
Technology
  • Dawn Aerospace wins license for suborbital flights, Space News
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