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Regulation Digest

February 1, 2023

Vol. 12, No. 5

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Beyond Republicans and the Disapproval of Regulations: A New Empirical Approach to the CRA, Steven Balla, Bridget Dooling & Daniel Pérez

Pacific Legal Fdn & JLPP

- Event: Ensuring Democratic Accountability in the Administrative State, Feb. 9


- After Backlash Against Proposed Gas Stove Ban, Progressives Are Gaslighting America, Steven Greenhut

Resources for the Future

- Policies on the Road to Carbon Neutrality in the Intermountain West, Alan Krupnick et al.


- Event: Register for SBCA’s 2023 Annual Conference, 3/9-3/10 

- Jerry Ellig Award for Best Student Paper at the SBCA Annual Meeting


- Interpreting the Administrative Procedure Act: A Lit Review, Christopher J. Walker & Scott MacGuidwin

The Regulatory Review

- Control Over Litigation and Agency Rulemaking, Connor Raso

- New Technology Will Raise New Legal Questions, Elizabeth Penava

- Regulating ESG Disclosure, Anilya Krishnan et al.

- Illuminating Discrimination Against Small Businesses, Andrew Kliewer

Urban Institute

- Proposed 2024 Payment Rule: Part 3, Jason Levitis

Washington Legal Fdn.

- Robinson-Patman Act Revival: 5 Considerations For Businesses, Gerald A. Stein et al.


- Section 230, Gonzalez, and the Ghost of FCC Regulation, Adam Candeub

- DOJ Is Driving a Vertical Split over Chevron, William Yeatman & Adi Dynar

American Action Forum

- Congressional Review Act in Recent Years, Dan Bosch & Dan Goldbeck

- Heavy-duty Vehicle Emissions Rule Provides Biggest Splash of 2023 Thus Far, Dan Goldbeck

- Pepsi and Coke Targeted for Price Discrimination, Fred Ashton


- Event: Neo-Brandeisian Antitrust: Repeating History’s Mistakes, Feb. 1


- Event: Working Group on Model Rules of Representative Conduct Initial Meeting, Feb. 7

American Prospect

- What Could Chill Heat Pumps, Joan Fitzgerald

Bipartisan Policy Center

- How SBA is Reforming Small Business Lending

- Proposed Rule: Small Business Lending Company, Jason Wiens & Dane Stangler

Brookings Institution

- Comments on Medications for the Treatment of Opioid Use Disorder, Richard G. Frank et al.

C. Boyden Gray Center

- Event: What is The Rule of Law in the Admin. State?, Feb. 8

Cato Institute

- Buy Now, Pay Later, Regulate Ever?, Nicholas Anthony

- US Policy Needs More Humility, Scott Lincicome

- Where Data Privacy Policy Stands at the Start of 2023, Jennifer Huddleston


- Advancing Contraception Access Through Expanded Pharmacist Prescribing, Kierra B. Jones

- How the Office of Climate Change and Health Equity Can Respond to Climate Crisis, Jill Rosenthal & Marquisha Johns


- Biden’s Long-Overdue Regulatory Reforms are Expected Soon, James Goodwin


- It Isn’t Just Gas Stoves That Biden Regulators Dislike, Ben Lieberman

- This Week in Ridiculous Regulations, Ryan Young

- Inventories of Federal Agency Major Rules and Regulations Poised to Rise, Clyde Wayne Crews

Economic Policy Inst.

- The Economic Costs of Worker Misclassification, John Schmidt et al. 

Federalist Society

- Closing the Digital Divide, Jeff Gurley

- Video: Clean Water Act – Forward to the Past?, Tony Francois & Kevin Minoli


- Event: WorkshOPP on Tips for Powerful Comments, Feb. 23


- CWA: EPA Should Track Control of Combined Sewer Overflows and Water Quality Improvements

Harvard T.H. Chan

- Course: Environmental Health Risk: Analysis and Applications, Feb 27 - Mar 3

Heritage Foundation

- A Sorry Set of Anniversaries That Will Cost Americans, Katie Tubb

Inst. for Policy Integrity

- Balancing Equity and Efficiency in Electricity Tariff Design, Hafiz Anwar Ullah Khan


- Event: Can Regulators Handle the Mastodons of the World?, Feb. 28

Law & Governance

- Audio: OIRA Abroad? Israel’s New Regulation Authority (with RSC Director Susan Dudley)

Mercatus Center

- Regulation, CDO Exposures, and Debt Guarantees through the Financial Crisis, Stephen Miller


- Antitrust, Regulation, and User Union in the Era of Big Data, Lin William Cong & Simon Mayer

- Effects of Competition on Physician Prescribing, Janet Currie et al.

- Event: Economic Analysis of Regulation, Spring 2023, Feb. 9

Pew Trusts

- Stronger Federal Oversight of Dietary Supplements Will Protect Consumers, Kathy Talkington

Agency Rulemaking Highlights

Notable Actions

Reconsideration of the National Ambient Air Quality Standards for Particulate Matter

The Environmental Protection Agency (EPA) is proposing to revise the primary annual national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5) by lowering the level from 12.0 µg/m3 to within the range of 9.0 to 10.0 µg/m3. Comments due March 28. EPA also announced virtual public hearings on the proposal for February 21 and 22.

Energy Conservation Standards for Gas Cooking Tops

The Department of Energy (DOE) issued a supplemental notice of proposed rulemaking and announced a January 31 virtual public meeting proposing amended energy conservation standards for consumer conventional cooking products, including gas cooking tops. Comments due April 3.

Significant New Use Rule on PFAS

EPA is proposing a significant new use rule (SNUR) on per- and poly-fluoroalkyl substances (PFAS), also known as “forever chemicals,” that are no longer actively manufactured or processed in the U.S. The rule would require those subject to the SNUR to notify EPA at least 90 days before manufacturing, importing, or processing of the chemical substance for a significant new use. Comments due March 27.

Safe Integration of Automated Driving Systems in Commercial Motor Vehicles

The Federal Motor Carrier Safety Administration (FMCSA) is requesting public comment about factors the agency should consider in establishing a regulatory framework for the safe integration of Automated Driving Systems in commercial vehicles. Comments due March 20.

Medicare Advantage Program Changes

The Centers for Medicare & Medicaid Services (CMS) issued a final rule aiming to improve payment accuracy in the Medicare Advantage program. The rule outlines the audit methodology for the program’s data validation and extrapolates audit findings beginning with payment year 2018. Effective April 3.

Alaska’s Tongass No Longer Exempt from

Roadless Rule

The Forest Service is repealing an October 2020 rule that exempted the Tongass National Forest from the 2001 Roadless Area Conservation Rule. Under this final rule, road construction and timber harvesting will again be prohibited in the Tongass. Effective January 27.

Defining Firearm Stabilizing Braces

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a final rule clarifying when a rifle is designed, made, and intended to be fired from the shoulder. The rule specifies that a firearm with a stabilizing brace falls within the definition of a rifle. Effective January 31.

The Opinion Section

Washington Post Editorial Board: After Baby Formula Disaster, the FDA’s Proposed Reforms are Inadequate

Reeve Bull & Andrew Wheeler: Virginia is Leading the Way on Accountability

Randolph May: Wes Moore Should Follow Glenn Youngkin's Regulatory Reform Model

Parmy Olson: The EU Is About to Take a Bigger Stick to Big Tech

Peter J. Wallison: Major Questions About Chevron

Harold Meyerson: Restoring Workers’ Freedoms

Timothy J. Muris: Lina Khan and the FTC Go Back to the Antitrust Future

Spencer Bokat-Lindell: Is the Era of Gas Stoves Burning Out?

Margo Oge: 2023 is a Fork in the Road for Bold Action to Accelerate Clean Transportation

Bloomberg Editorial Board: Big Banks Need to Be Resilient, Not Eliminated

Chris Stokel-Walker: Britain’s Proposed Online Safety Rules Defy Common Sense

Rod Fujita & Michael Graham: There May Not Be Enough Fish for Surging Demand. Let Science Guide the Solution with the SEAfood Act

Harlan Ullman: To Reverse Our Discontent, America Needs a National Infrastructure Bank

Fred Ashton: The FTC’s Populist Push is Jeopardizing its Credibility

Washington Post Editorial Board: Asylum Has Become a Parallel Immigration System. Here’s How to Fix that.

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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