Advice for Biden-Harris, EPA Transparency, & Economics at the FCC
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Regulation Digest
January 6, 2021
Vol. 10, No. 1
Editor: Bryce Chinault

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Marketplace of Ideas
GW Regulatory Studies Center
- Advice for the Biden-Harris Administration, Susan Dudley

ACUS
- Recordkeeping in Informal Rulemaking

American Action Forum
- 2020: The Year in Regulation, Dan Bosch & Dan Goldbeck
- EPA Transparency at the End of the Tunnel, Dan Goldbeck
- Whither the Regulatory State?, Douglas Holtz-Eakin

AEI
- Biden should oppose net neutrality, Mark Jamison
- Regulation of cryptocurrency, Jim Harper
- In defense of Section 230, James Pethokoukis

Brookings Institution
- EU Digital Services Act, Bruna Martins dos Santos & David Morar

Cato Institute
- Take Price Controls Off the Menu, Jefrey Miron & Erin Partin
- Cedar Point Nursery v. Hassid, Ilya Shapiro, et al.

CPR
- Policy stories for 2021 -- Part II, James Goodwin

CEI
- Regulation in 2020, Ryan Young
- EPA Science Transparency Rule, Video
- Fair Access to Financial Services, John Berlau
- White House’s 261 Big Rules in the Pipeline, Wayne Crews

Federalist Society
- Tech Policy Under the Biden Admin, Teleforum
- Future of Drone Policy, Podcast

Free State Fdn.
- Communications Policy Priorities, Randy May, et al.

Inst. for Policy Integrity
- A Conversation with Richard Revesz, Podcast

Mercatus Center
- New Healthcare Info Rules, Robert Graboyes, et al.

RFF
- Benefit-Cost Analysis under the Biden Admin, Alan Krupnick
- Reviewing Energy and Environmental Policy, Podcast
- More Durable: Regulation or Legislation?, Dallas Burtraw

SSRN
- The Lost World of the Administrative Procedure Act, Christopher Walker
- The Unlikely Story of American Regulatory Socialism, James Broughel
- The Impact of Regulatory Stress Tests, Falk Bräuning & Jose Fillat

The Regulatory Review
- The 2020 Regulatory Year in Review, Series
- EPA, Explain Yourself, Elle Rothermich
- Social Media’s Cybersecurity Shortcomings, Peter Jacobs
- Regulating the Food Supply Chain Through Blockchain, Jade Lindley & Adam Graycar

Urban Institute
- Nonbank Mortgage Servicers, Karan Kaul & Laurie Goodman

Yale Journal on Reg.
- Andrew Wheeler’s Trojan Horse, Richard Parker & Amy Sinden
- JOTWELL Administrative Law Section Year in Review, Christopher Walker
Agency Rulemaking Highlights
COVID-19 Related Actions

APHIS: Testing on Animals
DARS: Reimbursements Under the CARES Act
ED: Higher Education Emergency Relief Fund
EOP: Suspension of Entry to the US
CDC: Airline Passengers Arriving From the UK
FDA: Guidance Documents
FEMA: Allocation of Medical Resources -- DPA mtg.
Other Notable Actions

EPA's Science Transparency Rule
The Environmental Protection Agency issued a final rule encouraging the use of publicly available data when issuing a significant regulatory action. Effective Jan. 6.
See also: Related content by Susan Dudley. in Forbes and The Regulatory Review.

Tip Regulations
The Wage & Hour Division issued a final rule to prohibit employers from keeping tips received by their employees, regardless of whether the employers take a tip credit under section 3(m) of the Fair Labor Standards Act. Effective Mar. 1.

NAAQS
The Environmental Protection Agency issued a final action retaining the national ambient air quality standards for photochemical oxidants including ozone. Effective Dec. 31, 2020.
See also: Supreme Court Economic Review article by Susan Dudley and Marcus Peacock.

H-2B Temporary Labor Certification
The Dept. of Homeland Security and the Dept. of Labor jointly issued a direct final rule to extend the DOL's recently established system of discretionary Sec. of Labor review to H-2B temporary labor certification cases pending before or decided by the DOL's Board of Alien Labor Certification Appeals, effective Feb. 3. The agencies also issued a related notice of proposed rulemaking, comments due Jan. 19.

Genetically Engineered Animals
The Animal & Plant Health Inspection Service and Food Safety & Inspection Service issued an advance notice of proposed rulemaking regarding the movement of certain animals modified or developed by genetic engineering. Comments due Feb. 26.
The Opinion Section
Susan Dudley & Sally Katzen: One Trump-Era Notion Biden May Want to Embrace
Babette Boliek, Jerry Ellig, & Jeff Prince: Improved Economic Analysis Should Be Lasting Part of Pai's FCC Legacy
Andrew Wheeler: Why We’re Ending the EPA’s Reliance on Secret Science
Cass Sunstein: Five Ways the EPA Can Get Its Spirit Back
Stuart Shapiro: Trump's Regulation Legacy — and What Biden Will Inherit
Roslyn Layton: SEC V. Ripple: The Cryptocurrency Trial of the Century
Wayne Crews: Trump’s Final 2020 Unified Agenda on Regulatory Reform, by the Numbers
WSJ Editorial: Scapegoating Walmart and Liberation Day for French Dressing
In the News
Congress & Regulatory Reform
  • Trump administration speeds up 'midnight rule-making,' creating hurdles for Biden, NBC News
  • Biden to halt or delay Trump's "midnight regulations" on inauguration day, CBS News
  • Biden builds team to get aggressive on regs, The Hill
Financial Markets & Housing
  • Biden Administration Could Unsettle Banks in More Than One Way, Wall Street Journal
  • Fed's Evans calls for possible revamp of U.S. financial regulation, Reuters
  • NYSE Scraps Plans to Delist Chinese Telecom Stocks, Wall Street Journal
  • Congress Poised to Apply Banking Regulations to Antiquities Market, New York TImes
  • Defense-Bill Override Paves Way for Overhaul of Anti-Money-Laundering Rules, Wall Street Journal
Energy & Environment
  • EPA to Give Preference to Scientific Studies That Disclose Data, Wall Street Journal
  • A final EPA rollback under Trump curbs use of health studies, Associated Press
  • EPA Restricts How Science Can Be Used to Shape Regulations, Bloomberg
  • EPA Sets Emissions Limits for Jet Aircraft, Wall Street Journal
  • Trump Administration, in Parting Gift to Industry, Reverses Bird Protections, New York Times
  • Trump admin opens protected Arctic land to development, E&E News
Health & Safety
  • Health-Costs Transparency Rule for Hospitals Upheld on Appeal, Wall Street Journal
  • Hospitals Forced To Be More Transparent About Pricing. Will That Save You Money?, NPR
Business
  • Gig-Economy Companies Get Worker Flexibility From Trump Administration, Wall Street Journal
  • Paypal wins bid to strike down CFPB prepaid card regulations, Reuters
Technology
  • FAA Issues Long-Anticipated Rules for Commercial Drones, Wall Street Journal
  • Section 230: The little law that defined how the Internet works, Washington Post
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