Big Tech, a Green Treasury, and the Congressional Review Act
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Regulation Digest
February 17, 2021
Vol. 10, No. 6
Editor: Bryce Chinault

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Marketplace of Ideas
GW Regulatory Studies Center
- Congressional Review Act

Cato Institute
- Restrictions on Birth Control, Michael Cannon
- Big Tech & Free Speech, Matthew Feeney
- H-2B Visas, David Bier

CAP
- Modernize Environmental Review, Christy Goldfuss, et al.
- Looking Beyond the Tailpipe, Kevin DeGood

CEI
- Crop Protection Products, Angela Logomasini

Economic Policy Inst.
- Protect farmworkers, Event

Federalist Society
- Sen. Klobuchar's Antitrust Bill, Podcast
- Internet:“Death by 50 State Cuts”, Larry Spiwak

Heritage Foundation
- Reform Sec. 230, Podcast

Hoover Institution
- Solving BigTech?, Podcast

Inst. for Policy Integrity
- Climate-Related Financial Risk, Madison Condon, et al.

Manhattan Institute
- Think Globally, Sue Locally, James Copland

Mercatus Center
- Red Tape Reduction Exec. Order, James Broughel
- GameStop, Robinhood and the SEC, Podcast
- Land Use Reform, Salim Furth & Emily Hamilton
- Future of Innovation, Adam Thierer & Connor Haaland

NBER
- Social Cost of Carbon, Risk, Distribution, Market Failures, Nicholas Stern & Joseph Stiglitz

Niskanen Center
- Carbon Pricing and its Green Critics, Ed Dolan

Reason
- Banking Discrimination Rule, Sonny Mazzone
- 'Listen to the Science' on GMOs?, Ronald Bailey

R Street Institute
- Marketing Opportunities for Innovative Tech, Jeffrey Westling

RFF
- Promise & Peril of Wood Pellet Products, Podcast

SSRN
- Mitigating AI Bias in Administrative Agencies, Aram Gavoor & Raffi Teperdjian
- Cournot, Pigou, & Ricardo Walk in a Bar, Claudio Baccianti & Oliver Schenker

The Regulatory Review
- Analysis Needs to Catch Up on Distribution, Stuart Shapiro
- Regulatory Review, Biden Style, Rena Steinzor
- A New Era for Regulatory Review, Richard Revesz
- Rejecting the Trump Anticanon of Regulatory Mismanagement, Michael Livermore

Washington Legal Fdn.
- Non-Financial Reporting: New Pressures, Julius Redd & Stacey Halliday

Yale Journal on Reg.
- When Might President Biden Nominate an OIRA Administrator?, Bridget Dooling
- Faithful agent theories of interpretation, Andrew Hessick
- Warning Shot across FTC’s Bow, William Yeatman
- Shultz’s statesmanship began with good gov't at home, Adam White

American Action Forum
- Legacy of the Regulatory Budget, Dan Bosch

AEI
- Musk’s $100M innovation prize, Jim Pethokoukis
- FCC is asking the wrong questions, Daniel Lyons
- Data protection, privacy, and AI ethics, Shane Tews

American Prospect
- Treasury: Save the Fin. System From Climate Collapse, David Dayen

Brookings Institution
- Int'l cooperation on AI, Josh Meltzer & Cameron Kerry
- Content moderation and algorithmic performance, Mark MacCarthy
- Post-pandemic tech governance, Landry Signé & Stephen Almond
- Blockchain & Digital Markets, Event

Various Sources
- Democrats May Invoke Congressional Review Act, Nat'l Law Review
Agency Rulemaking Highlights
COVID-19 Related Actions

FCC: Support Remote Learning & Promote Telehealth
HHS: Health Equity Task Force & Medical Countermeasures
CDC: Expulsion of Unaccompanied Noncitizen Children
CFA: Child Care and Development Fund
Other Notable Actions

Hazard Communication Standard
The Occupational Safety & Health Administration issued a proposed rule to conform to the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals Revision 7. Comments due April 19.

Net Stable Funding Ratio
The Comptroller, Federal Reserve, and FDIC issued a final rule establishing a quantitative metric to assess bank funding stability over a one-year time horizon. Effective July 1.

Energy Labeling Rule
The Federal Trade Commission issued a final rule requiring EnergyGuide labels for portable air conditioners conform to Dept. of Energy efficiency changes. Effective October 1.

Cigarette Packages and Advertisements
The Food & Drug Administration issued a notice of availability with revised guidance for industry related to cigarette packages and advertisements.

Role of Supervisory Guidance
The Consumer Finance Protection Bureau and Comptroller of the Currency both issued final rules stating they "will continue to follow and respect the limits of administrative law in carrying out its supervisory responsibilities." Effective March 15.
The Opinion Section
WSJ Editorial: A Brushback to Nasdaq—and the SEC
Barak Richman & Francis Fukuyama: How to Quiet the Megaphones of Facebook, Google and Twitter
Ankush Khardori: Everybody Calm Down About GameStop
Jameel Jaffer & Kathy Glenn Bass: Facebook’s ‘Supreme Court’ Faces Its First Major Test
Richard Morrison: Voluntary ESG Disclosures Not Enough for the Feds
Ellen Wald: Biden's Treatment of Energy Firms is No Way to Run a Healthy Economy
Stephen Salant & Gabriel Levitt: The One-Two Punch to Knock Out High Drug Prices
Jonathan Lesser: How Solid is the Foundation Underlying Green Energy Policies?
David Cwiertney & Andrew Whelton: EPA's Plan to Test for Lead in Schools Will Do More Harm than Good
Peter Tchir: Expect Intensified Regulatory Scrutiny of Bitcoin
Stuart Anderson: Trump DOL Wage Rule Remains Threat to H-1B Visas and Immigrants
In the News
Congress & Regulatory Reform
  • Trump's final-year record for regulations, Axios
  • How Congress Might Upend Section 230, the Law Big Tech Is Built On, Wall Street Journal
Financial Markets & Housing
  • New Rule on 401(k) Rollovers Takes Effect, as Biden Sticks With Trump-Era Change, Wall Street Journal
  • The Californians Are Coming. So Is Their Housing Crisis., New York Times
  • SEC Signals a More Aggressive Stance Toward Wall Street, Wall Street Journal
  • GameStop Mania Is Focus of Federal Probes Into Possible Manipulation, Wall Street Journal
Energy & Environment
  • EPA to jettison major Obama climate rule, as Biden eyes a bigger push, Washington Post
  • Why Biden Is Reviving Climate Change’s Magic Number, Bloomberg
  • Yellen Is Creating a New Senior Treasury Post for Climate Czar, Wall Street Journal
  • Buttigieg sets goals for electric, automated freight vehicles, The Hill
  • Yellen: Treasury's approach to climate will 'change dramatically' from Trump era, The Hill
  • Biden administration delays Trump rule allowing companies to pay less money for drilling on federal lands, The Hill
  • There’s an invisible climate threat seeping from grocery store freezers. Biden wants to change that., Washington Post
  • Carbon was $1 under Trump. It's about to skyrocket, Climatewire
Health & Safety
  • Biden Administration Moves to End Work Requirements in Medicaid, New York Times
  • F.D.A. Agrees Moderna Can Increase Vaccine Supply in Each Vial, New York Times
  • The C.D.C. Has New School Guidelines. Here’s What You Need to Know., New York Times
Business
  • Google and Facebook’s Trouble Down Under Will Spread, Wall Street Journal
  • Google Is Suddenly Paying for News in Australia. What About Everywhere Else?, New York Times
  • Wells Fargo’s $8 Billion Question: How to Slash Costs Without Angering Regulators, Wall Street Journal
Technology
  • The Economic Case for Regulating Social Media, New York Times
  • The Internet Is Splintering & The State House Versus Big Tech, New York Times
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