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Regulation Digest

February 15, 2023

Vol. 12, No. 7

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Comment on SAMHSA Proposed Rule on Medications for the Treatment of Opioid Use Disorder, Bridget C.E. Dooling

- Transparency, Participation, and Responsiveness in Hong Kong Consultative PolicymakingSteven J. Balla et al.

- Our Podcast Now Available on Spotify!

R Street

- FTC Takes a Swing at Protecting Consumer Health Data, Steven Ward 

- The Role of Practitioners in Reg. and a 2023 Outlook, Brandon Pugh

- What Do “Scope 3” Emissions Have to Do With Anything?, Philip Rossetti 

- Mapping the AI Policy Landscape Circa 2023, Adam Thierer 

Resources for the Future

- Updated Estimates of the Social Cost of GHGs for Usage in Regulatory Analysis, Brian C. Prest et al.

- Event: Future Generation: Exploring the New Baseline for Electricity, 2/15


- Event: Register for SBCA’s 2023 Annual Conference, 3/9-3/14 

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


- How Does Environmental Regulation Affect Carbon Productivity?, Shaobo Hou et al.

- Dynamic Regulation of Public Franchises with Imperfectly Correlated Demand Shocks, Marco Buso et al.

- The SEC Sets Its Sights on ESG, Isaac Mamaysky

- Privacy Regulation and Fintech Lending, Sebastian Doerr et al.

The Regulatory Review

- Net-Zero Emission Pledges May Not Lead to Full Decarbonization, Inhwan Ko et al.

- The Borders of the US Health Care System, Katie Cohen et al.

- Event: Agile Regulation: Governance in a Changing World, 2/22

Tech Policy Institute

- Podcast: Jane Horvath On Privacy Policy, Thomas M. Lenard et al. 

- Event: TPI Antitrust Conference, 2/27

Urban Institute

- Future of Blockchain and Crypto in US States and Cities, Luisa Godinez-Puig et al.


- Event: ChatGPT: Risks & Opportunity for Public Comments in Rulemaking, 3/3

- Privacy for Sale: The Law of Transactions in Consumers’ Private Data, Christopher G. Bradley

AdLaw Jotwell

- Outsourcing Agency Rulemaking, Christopher Walker

American Action Forum

- Assessing CMS’ Changes to Medicare Advantage Marketing Rules, Stephen Parente

- US Carbon Border Adjustment Proposals and WTO Compliance, Tori Smith

- Crony Capitalism and Protectionism in Climate Policy Clothing, Douglas Holtz-Eakin

- The Biden Administration’s New REPAYE Plan, Tom Lee


- Student Loan Forgiveness Tracker, Nat Malkus

- Building Trust in AI to Harness Its Benefits, John P. Bailey

Bipartisan Policy Center

- Top Risks in Cybersecurity 2023, Tom Romanoff et al. 


- Reform Federal Permitting to Accelerate Clean Energy Infrastructure, Rayan Sud et al. 

- Nurse Licensure Compacts Before & After COVID, Lauren Bauer et al. 

C. Boyden Gray Center

- Podcast: Symposium on Administrative Law in the States

Cato Institute

- Event: Overdose Prevention Centers: The Next Logical Step in Harm Reduction, 3/10


- When Bad Things Happen to Good Regulations, Daniel Farber

- Defending the CWA Before Congress, James Goodwin


- This Week in Ridiculous Regulations, Ryan Young

Federalist Society

- Podcast: FTC: Cost/Benefit Analysis of Proposed Rules, Svetlana Gans et al.

- Ohio Supreme Court Holds that the Courts, Not State Agencies, Interpret Law, Zack Smith


- Event: WorkshOPP on Tips for Powerful Comments, 2/23


- Applicability of the CRA to June 2022 Denial of Petitions for Small Refinery Exemptions


- Rescuing ESG from the Culture Wars, Daniel F. C. Crowley & Robert G. Eccles

- Banning Noncompetes Is Good for Innovation, Mark Lemley & Orly Lobel

Heritage Foundation

- FDA Lacks Authority to Approve Abortion Pills, Claims Lawsuit, Sarah Parshall Perry

- New Twist to Biden’s Student Loan Plan Could Cost Taxpayers Billions, Lindsey M. Burke

Inst. for Policy Integrity

- Targeted Regulation for Reducing High-Ozone Events, Christopher Holt & Joshua Linn

- The Obligation to Serve in Massachusetts, Justin Gundlach et al.


- 10 Principles for Regulation that Does Not Harm AI Innovation, Daniel Castro

- Event: Can Regulators Handle the Mastodons of the World?, 2/28


- Understanding Whether Divestment vs. Investment Can Steer (Green) Innovation, Jacquelyn Pless


- The Fight To Criminalize Opioid Prescribing, Jacob James Rich & Robert Capodilupo

- We Need New Laws To Protect People in Pain, Richard Lawhern

Agency Rulemaking Highlights

Notable Actions

Affirmatively Furthering Fair Housing

The Department of Housing and Urban Development (HUD) issued a proposed rule seeking to eliminate disparities in housing opportunity and foster inclusive communities. The proposal builds on steps previously taken in HUD’s 2015 Affirmatively Furthering Fair Housing (AFFH) final rule to ensure federal funding advances the policies and goals of the FHA. This rule proposes to retain much of the 2015 AFFH rule, with a more robust community engagement requirement. Comments due April 10.

Removal of Waiver Requirements for Opioid Use Disorder Medications

The Substance Abuse and Mental Health Services Administration (SAMHSA) seeks comments on its proposal to eliminate the requirement that practitioners obtain a waiver to prescribe certain schedule III-V medications for the treatment of opioid use disorder (OUD). The waiver requirements no longer have legal effect on medical provider practices. (For additional background, read our commentary: A Last-Minute Attempt to Partially X the X Waiver.) Comments due March 14.

Omitting Food From In-Kind Support and Maintenance Calculations

The Social Security Administration (SSA) is proposing to remove food from the calculation of in-kind support and maintenance (ISM) and to update its definition of income. Accordingly, Supplemental Security Income (SSI) applicants and recipients would no longer need to provide information about their food expenses, simplifying compliance with program requirements. Comments due April 17.

Separate Licensing Standards for Relative or Kinship Foster Family Homes

The Administration for Children and Families (ACF) is proposing to revise the definition of “foster family home” to allow for separate licensing or approval standards for foster family homes of individuals who are relatives or kinship to a child. The proposal would allow parity in the maintenance payments made to relative and non-relative foster families. Comments due April 17.

Amendment and Restatement of Voluntary Fiduciary Correction Program

The Employee Benefits Security Administration (EBSA) is reopening the comment period for proposed amendments that seek to simplify and expand the Voluntary Fiduciary Correction (VFC) Program, which allows those potentially liable for fiduciary breaches to apply for relief from civil enforcement actions and penalties. Comments now due April 17.

The Opinion Section

Christine Wilson: Why I’m Resigning as an FTC Commissioner

WSJ Editorial Board: The Many Abuses of Lina Khan’s FTC

Thomas P. Vartanian & William M. Isaac: Biden Plays the Junk Card

WSJ Editorial Board: The Junk Economics of ‘Junk-Fee’ Politics

Leana S. Wen: One Big Thing the FDA Can Do to Save Americans from Overdoses

Patrick Gleason: State Lawmakers Move to End Restriction on Sale of Adult Seltzers

Jennifer Huddleston: Biden's Foolish Rush to Regulate How Kids Use Tech

John Villasenor: How ChatGPT Can Improve Education, Not Threaten it

Randolph May: Free Markets Are a Crucial Antidote to Cancel Culture

Seema Verma: The Medicare Status Quo Can’t Last

Allison Stevens: In SOTU, Biden Pays Little Heed to Climate Justice

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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