Xing the X Waiver, GameStop Trading, and Biden's Opening Act
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Regulation Digest
February 3, 2021
Vol. 10, No. 4
Editor: Bryce Chinault

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Marketplace of Ideas
GW Regulatory Studies Center
- A Last-Minute Attempt to Partially X the X Waiver, Laura Stanley
- Reg Stats, New Charts!

Bipartisan Policy Center
- COVID-19: Accelerate America’s Response, Report

Brookings Institution
- Employment-based immigration, Dan Berger, et al.
- Robot census, Robert Seamans
- SCOTUS & Biden’s executive power, Frank Thompson

Cato Institute
- CFPB Taskforce Report, Feb. 4
- Fairness Doctrine, Paul Matzko
- Self‐​Administered COVID Tests, Jeffrey Singer

CEI
- Repealing Section 230 Hurts Startups, Ryan Nabil

Economic Policy Inst.
- Protect farmworkers Feb 10
- Temporary work visa programs, Daniel Costa

Federalist Society
- Congressional Review Act, Teleforum
- FCC’s “Bonfire of the Vanities”, Lawrence Spiwak

GAO
- Drone Systems, Report
- OMB Research, Report

Heritage Foundation
- Another Flawed GSE Decision, Norbert Michel

Inst. for Policy Integrity
- Environmental Justice Analysis, Iliana Paul, et al.

Manhattan Institute
- Hyperlocal Zoning, John Myers

Mercatus Center
- Telehealth Legislation, Robert Graboyes

Progressive Policy Inst.
- Int'l Entrepreneur Rule, Caleb Watney, et al.
- Drug Pricing, Michael Mandel

Reason
- 'Impossible to Quantify' Benefits, Eric Boehm
- Opioid Addiction Treatment, J.J. Rich

RFF
- Biden’s Regulatory Agenda, Cole Martin, et al.
- Striking Down the ACE Rule, Nathan Richardson, et al.

SBCA
- Extending EO 12866 to Ind. Regulatory Agencies, Clark Nardinelli & Susan Dudley

SSRN
- Regulating Digital Currencies, Steven Schwarcz
- CCPA & GDPR Are Not the Same, Gregory Voss
- COVID-19 and FinTech, Julie Andersen Hill

The Regulatory Review
- Recognizing the Losers in BCA, Tim Brennan
- Administrative Shallow State, Lynn McDonough
- Life in Plastic Is Not Fantastic, Milad Emamian

Tech Policy Institute
- Evidence-Based Policymaking, Podcast

Yale Journal on Reg.
- The Future of Chevron Deference, Aaron Nielson
- Biden Admin. and Democratic Regulatory Processes, Andrew Kloster
- A Full Helping of Chevron, Aaron Nielson

American Action Forum
- Reality on Climate, Douglas Holtz-Eakin

AEI
- Data, privacy, and the ethics of AI, Podcast
- Urban air mobility, James Pethokoukis
- How Congress tricks Americans, Podcast

Various Sources
- AdLaw Symposium, Duke
- How will Biden's OMB Shape Policy?, Hofstra U.
- How did bureaucrats hijack the role of legislators?, Brittany Hunter
- How Can Trump Admin. Rules Be Reversed?, MaryBeth Musumeci
Agency Rulemaking Highlights
COVID-19 Related Actions

EOP: Suspension of Entry as Immigrants & Federal Support to Governors' Use of the National Guard
HHS: Scarce or Threatened Materials & Medical Countermeasures
CDC: Negative Pre-Departure COVID-19 Test, Temporary Halt in Residential Evictions & Wear Masks on Conveyances and at Transportation Hubs
Agency Actions

Removing Secretary's H-2B Discretion
The Dept. of Homeland Security and the Dept. of Labor withdrew a direct final rule that would have extended the DOL's recently established system of discretionary Secretary of Labor review to H-2B temporary labor certification cases. Effective February 2.

Virtual Currencies
The Financial Crimes Enforcement Network extended the comment period on a notice of proposed rulemaking related to transactions involving virtual currencies or digital assets. Comments due March 29.

Wage Protections for Certain Aliens
The Employment & Training Administration delayed the effective date of a rule until May 14 following President Biden's memo "Regulatory Freeze Pending Review" to assess the expected impact of the rule. Comments due February 16.

Automated Driving Systems
The National Highway Traffic Safety Administration extended the comment period for an advance notice of proposed rulemaking related to the development of an automated driving system safety framework. Comments due April 1.

Presidential Actions

Tackling the Climate Crisis
Executive Order 14008 puts the "climate crisis at the "center of US foreign policy and national security," and takes a "government-wide approach" to solve it.

Strengthening Medicaid and the ACA
Executive Order 14009 creates a special enrollment period, reviews previous agency actions, and revokes several presidential actions related to health insurance coverage.
The Opinion Section
Jerry Ellig: Chairman Pai’s Organizational Legacy
Cass Sunstein: Trump Judges Won’t Be Biden’s Highest Legal Hurdle & Biden’s Faith in Behavioral Science Will Pay Off
David Battan: Why Brokers Had to Restrain Trading in GameStop Shares
Philip Hamburger: The Constitution Can Crack Section 230
Paul Hsieh: The Case for Relaxing Regulations During a Pandemic
Shoshana Zuboff: The Coup We Are Not Talking About
Jesse Eisinger: How Afraid Should Corporate America Be of Joe Biden?
Spencer Bokat-Lindell: Can Biden Deliver on His Climate Promises?
Mike Krancer: Biden's Version of Green New Deal Moves Forward, but Executive Action Has Its Limits
Wayne Crews: "Unconstitutionality Index" - 19 Federal Rules and Regulations for Every Law Congress Passes
John Masslon: Labor Department Action On Guidance Documents Portends Trouble for the Rule Of Law
Tim Carney: Regulatory Robbery: Amazon Wants Biden and Pelosi’s Help in Killing Main Street
Seth Hill: What Biden Should Do to Get Things Done: Delegate to the States
Adam Millsap: Utah’s Effort to Expand Regulatory Sandboxes is Smart Move
In the News
Congress & Regulatory Reform
  • Biden signals major shift on regulations with first-day orders, The Hill
  • Democratic Congress Prepares to Take On Big Tech, New York Times
  • When Ted Cruz and A.O.C. Agree: Yes, the Politics of GameStop Are Confusing, New York Times
Financial Markets & Housing
  • Robinhood, Facing Ire on Many Fronts, Defends Its App to Regulators, Wall Street Journal
  • Janet Yellen to Meet With Regulators on GameStop, Market Volatility, Wall Street Journal
  • Gensler Faces Big Challenge in Tackling GameStop’s Wild Ride, New York Times
  • Banks Brace for Tougher Rules Under Biden on Consumer Protection, Fair Lending, Wall Street Journal
Energy & Environment
  • As Biden seeks a turn on environment, Trump rules to linger, Associated Press
  • Biden admin asks court to halt litigation on CA emissions waiver, methane rollback, The Hill
  • Oil, Gas Industry Stockpiled Drilling Leases Before Biden ‘Pause’, Bloomberg
  • Biden: ‘We can’t wait any longer’ to address climate crisis, Associated Press
  • Judge throws out Trump rule limiting what science EPA can use, Washington Post
  • Auto Makers Abandon Challenge to California on Emissions Rules, Wall Street Journal
Health & Safety
  • Biden Orders Review of Trump Health-Care Policies, but Move Likely Faces Bumps, Wall Street Journal
  • Biden Sets Up Task Force to Reunite Families Separated at the Border, Wall Street Journal
Business
  • Facebook Hires Its First Chief Compliance Officer, Wall Street Journal
  • Tesla to fix touch screens, ending spat with US regulators, Washington Post
Technology
  • What’s Next for Crypto Regulation, New York Times
  • SpaceX Lacked FAA Approval for Launch That Ended in Fireball, Bloomberg
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