Regulation Digest: February 22, 2023

Regulation Digest

February 22, 2023

Vol. 12, No. 8

Editor: Nate Thompson

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Agency Rulemaking Highlights

Notable Actions

Circumvention of Lawful Pathways

The Department of Homeland Security and Department of Justice filed a document for public inspection proposing changes to the entry rules under asylum, in anticipation of a surge of migration at the southern border upon the expiration of the COVID-19 public health emergency. The proposal would presume migrants ineligible for asylum if they did not enter through specified pathways or seek asylum protections in other countries through which they traveled. Comments due 30 days after publication in the Federal Register.

Further Advancing Racial Equity

President Biden signed Executive Order 14091 directing the federal government to advance equity for all, including communities that have long been underserved, and addressing persistent disparities in government policies and programs. “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” builds on an order signed on the first day of the new administration by establishing agency equity teams across the executive branch to advance the administration’s equity goals.

Education Grants and Free Inquiry

The U.S. Department of Education (ED) proposes to rescind a March 2019 Executive Order that required institutions of higher education accepting federal grant funding (aside from federal student aid) to foster “open, engaging and diverse debate” at the risk of lost funding for noncompliance. Comments due March 24.

Reimbursement for Emergency Treatment

The Department of Veterans Affairs (VA) issued a final rule amending its medical regulations concerning payment or reimbursement for emergency treatment for non-service-connected conditions at non-VA facilities. Comments due April 24.

The Opinion Section

Susan E. Dudley: How Not To Write A Regulation

Donald Kochan: No, the SEC Can’t Regulate Climate Change

WSJ Editorial Board: Another DC Circuit Chevron Special

Scott Lincicome & Gabriella Beaumont-Smith: The Infant-Formula Market Is Still Bottled Up. (For additional context on the infant formula shortage, read the public interest comment and commentary by RSC’s Mary Sullivan)

Brian Riedl: Biden’s Promises on Social Security and Medicare Have No Basis in Reality

Manuela Andreoni: Fighting Corporate Lies

Michael Bustler: Time to Hold the EPA to Account for Meddling in Markets

Justin Fox: What Do US Growth Zones Have in Common? They Build Housing

In the News

Governance & Politics

Biden Signs Executive Order to Address Racial Inequity, The Hill
3 Requirements for Agencies Under Biden’s New Executive Order on Equity, Federal News Network
Biden Administration Misses Its Own Deadline to Detail Inflation Reduction Act Spending at IRS, Government Executive
Biden’s IRS Pick Says He’s the ‘Government Geek’ for the Job, Government Executive
Feds Driven Away By Biden’s Vaccine Mandate Could Return or Get Payouts, Under a New Bill, Government Executive
Labor Secretary Marty Walsh Leaves Biden Administration to Lead NHL Players' Union, NPR
Biden to Roll Out New Asylum Restrictions at US-Mexico Border, Reuters
Cyber Leaders Applaud Forthcoming Updates to NIST Cybersecurity Framework, Federal News Network

Financial Markets & Housing

Lack of Crypto Audit Regulation Raises Questions About PCAOB Authority, Wall Street Journal
Government Cracks Down on Crypto Industry With Flurry of Actions, New York Times
Larry Fink Warning on ESG Disclosure Resonates With Key Watchdog, Bloomberg
New York Rent Regulation Is Upheld by Appeals Court, Wall Street Journal

Energy & Environment

Trump-Era Water Rule Wrongfully Nixed by Court, 9th Circuit Says, Bloomberg Law (paywall)
With Two Key Picks, Biden Weaves Climate Into Economy and Regulations, New York Times
EPA Struggles to Ban Asbestos, Other Chemicals Years After Congress Granted New Powers, Washington Post
Biden EPA Reinstates Mercury Limits Weakened Under Trump, New York Times
G20-Backed Standards Body Approves First Global Company Sustainability Rules, Reuters

Health & Safety

Business & Technology

Supreme Court Seems Likely to Move Cautiously in Gonzalez v. Google, Washington Post
A Family's Tragedy Leads to US Supreme Court Social Media Showdown, Reuters
New Academic Research Challenges Broadband Internet Rules, Forbes

Transportation & Infrastructure

After East Palestine Disaster, Buttigieg Calls for Stronger Railroad Safety Rules, NPR
Buttigieg Announces Track Inspections in Wake of Ohio Train Derailment, Washington Post
Norfolk Southern Bashed as Incompetent as EPA Takes Over Cleanup, Bloomberg
Train Crashes Highlight Risks of Hazmat Carried By Rail, The Hill
FAA Seeks to Fine SpaceX $175,000 Over Rocket Launch Data, Wall Street Journal
Tesla to Recall 362,000 Cars With Its ‘Full Self Driving’ System, New York Times
Tesla Fatal Crash With Fire Truck Draws US Regulator Inquiry, Bloomberg
Transport Canada Approves Autonomous Drones for Beyond Visual Line of Site Monitoring, Forbes

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