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Regulation Digest

February 22, 2023

Vol. 12, No. 8

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- The Promise (and a Potential Pitfall) of the Biden Administration’s Equity in Public Engagement Initiative, Steven Balla & Sarah Hay

- Our Top Ten Essays of 2022, Nate Thompson


- Environmental Justice and the Cumulative Impacts of Pollution, Ana Baptista & Margaret Walls

- How Housing Markets Underestimate Climate Change, Yanjun (Penny) Liao & Matt Fleck


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

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


- Fearing the Pipeline: Anticipatory Effects of Regulatory Threats, Suzanne Chang et al.

- Past, Present, and Future of Tipping Regulations in the US, Alec Beller

The Regulatory Review

- Back to the Future of US Securities Regulation, Mary Moynihan

- Can Financial Regulation Save the Planet?, Riann Winget

- Virginia Charts a Path Forward on Regulatory Modernization, Reeve Bull

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

Tech Policy Institute

- Event: TPI Antitrust Conference, 2/27


- FTC Commissioner Wilson’s Noisy Resignation, Richard J. Pierce, Jr.

Washington Legal Fdn.

- US Merger Enforcement is Down?, Amanda Wait & Andy Eklund

- OSHA Intensifies Enforcement With New Policy Memos, Eric J. Conn & Darius Rohani-Shukla


- Event: ChatGPT: Risks and Opportunity for Public Comments in Rulemaking (w/ RSC’s Bridget C.E. Dooling), 3/3

American Action Forum

- Regulatory Impacts Take a Dip, Dan Goldbeck

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

- Medicare Advantage and Cutting Medicare, Douglas Holtz-Eakin


- How Biotechnology Overregulation Harms Farmers, Boosts Food Costs, Henry I. Miller


- Slanted Coverage of Biden’s Student Loan Forgiveness Plan, Frederick M. Hess & Caitlyn Aversman

American Prospect

- How Noncompete Agreements Hamstrung Pandemic Response, Luke Goldstein

Bipartisan Policy Ctr.

- Proposed Changes to Income-Driven Repayment Are Poorly Targeted, Kevin Miller et al.

- Event: The Future of Crypto and Blockchain Policy, 3/15

Brookings Institution

- NIST’s AI Risk Management Framework, Cameron F. Kerry

- How the US benefits if China Greens the Global South, Jeffrey Ball

C. Boyden Gray Center

- Podcast: Virginia’s New Approach to Regulatory Analysis, Reeve Bull et al.

Cato Institute

- Podcast: Swifties, Ticketmaster, and the Role of Antitrust, Jennifer Huddleston & Caleb O. Brown

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


- Biden’s Regulatory Democracy Proposal, James Goodwin


- Hearing Shows Bipartisan Momentum for Focused Financial Deregulation, John Berlau

- Regulatory Reform: The GOOD Act, Ryan Young

- EPA’s Methane Rule and the Social Cost Paradox, Marlo Lewis Jr.

Federalist Society

- HHS Proposes Rule Modifying Healthcare Conscience Regulations, Rachel N. Morrison 


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

Free State Foundation

- Event: FSF’s 15th Annual Policy Conference, 3/28


- Climate Change: Options to Enhance the Resilience of Ag Producers

Harvard T.H. Chan

- Course: Environmental Health Risk: Analysis and Applications, 2/27 - 3/3

Heritage Foundation

- Speedier Pipeline Approvals Needed for Oil and Gas Transportation, Diana Furchtgott-Roth

- ACA Exchanges Stable But with an Uncertain FutureEdmund Haislmaier

Inst. for Policy Integrity

- How a Climate Superfund Act in New York Would Work, Anna Kasradze


- Supreme Court Decision Could Make or Break the Modern Internet

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

Manhattan Institute

- Men Dropping Out of the Workforce Could Be Progress, Allison Schrager

Mercatus Center

- Utah’s Portable Benefits Bill, Liya Palagashvili

- Evaluating Possible Reforms in the Law and the Application of COPPA, Tracy C. Miller

- AI: An Intro for Policymakers, Matthew Mittelsteadt

Penn IUR

Event: Book Talk with Authors of Nation’s Metropolis, Royce Hanson & Harold Wolman, 2/28


- Inclusive Entrepreneurship Is Key to Unlocking Equal Opportunity, Myrto Karaflos

Public Citizen

- Advocacy Groups Push SEC Not to Back Down on Climate Disclosure Requirements 


- Video: Renegade SEC Commissioner Wants to Save Crypto, Hester Peirce et al.

- NY Floats a Crackdown on Independent Workers, David McGarry

- The SEC Is Starting a Massive Database of Every Stock Trade, Jennifer Schulp

R Street

- Appliance Efficiency: Public vs. Private Benefits, Philip Rossetti

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

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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