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Regulation Digest

January 11, 2023

Vol. 12, No. 2

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Biden’s Fall 2022 Unified Agenda, Zhoudan Xie

- Event: Panel Discussion on the Handbook of Regulatory Authorities,

Jan. 19

Niskanen Center

- What’s in the EU Carbon Border Adjustment Provisional Agreement?, Shuting Pomerleau

- Solar Radiation Management is Here, David Bookbinder

Pew Trusts

- Student Loan Default System Needs Significant Reform, Travis Plunkett


- NYTimes Blames 'Deregulation' for Regulated Electric Costs, Josiah Neeley

Resources for the Future

- Event: Big Decisions 2023, Jan. 18

- Climate & Pollution Benefits of EVs, Christoph Funke et al.


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

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


- The Effects of Antitrust Laws on Horizontal Mergers, Chune Young Chung et al.

The Regulatory Review

- DNA Testing is Not “Just Saliva”, Samuel Becher & Andelka M. Phillips

- Regulating the Metaverse, Elizabeth Yin et al.

- The Consequences of a Subminimum Wage, Trevor Kirby

- The Inequality of Fintech, Andrew Kliewer

Urban Institute

- Approaches to Narrow Cost Analysis, Katie Gonzalez et al.


- Chevron Deference Has Morphed Into the Tools of Construction, Isaiah McKinney

- FTC’s Proposed Rule on Non-Competes May Present Commerce Clause Issue, Eli Nachmany

- Step Aside Chester Bowles, Cary Coglianese

- A Landmark Centennial From a Land Marked By the Past, Sam Spiegelman

American Action Forum

- Sizeable Immigration Rulemaking Leads Off 2023, Dan Goldbeck & Dan Bosch

- New Year, New Fee, Jackson Hammond

- Podcast: The Biden Admin’s Regulatory Record, Douglas Holtz-Eakin


- Antitrust and the FTC in 2023, Mark Jamison

- The Rise of ESG and the Future of Financial Regulation, Paul Kupiec et al. 

American Prospect

- Regulators Prevented a Crypto-Fueled Economic Downturn, David Dayen

- FTC Banned an Unfair Practice. DOT Can, Too, David Dayen

Brookings Institution

- Methane Comes Front and Center in Climate Policy, Barry G. Rabe

Cato Institute

- Some of My Big 2023 Questions, Scott Lincicome

- Event: Understanding Efforts to Regulate Decentralized Finance, Jan. 19


- About the FDA’s Move to Expand Access to Abortion Pills, Maggie Jo Buchanan & Kierra B. Jones

- The State of Paid Sick Time in the US in 2023, Molly Weston Williamson


- Advances in State Climate Policy, Daniel Farber

- The Year Ahead, Daniel Farber


- Fall 2022 Unified Agenda Extends ‘Whole-of-Government’ Activism, Clyde Wayne Crews

- Proposed Emissions Rule Would Harm US Economy, Ben Lieberman & Myron Ebell

- This Week in Ridiculous Regulations, Ryan Young

Federalist Society

- Proposed Changes to Title IX Threaten Parental Rights, Kate Anderson & Emilie Kao

- MQD Has No Place in Statutory Interpretation, Chad C. Squitieri et al. 


- Immigration Detention: ICE Can Improve Oversight

Harvard T.H. Chan

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

Heritage Foundation

- Chinese Exports Controls Overdue, Min-Hua Chiang & Erin Walsh

- New IRS Requirements Raise Questions About Audits, Preston Brashers

Inst. for Policy Integrity

- Electricity Tariff Design via Lens of Energy Justice, Hafiz Anwar Ullah Khan et al. 


- Police Tech: Opportunities and Criticisms, Ashley Johnson et al. 

- FTC’s Attempt at Overreach Will Hurt Consumers, Daniel Castro

Mercatus Center

- Rational Choice Analysis of the Limits of State Action, Peter J. Boettke & Christopher Coyne

- Event: 2nd Annual Antitrust Forum: Policy in Transition, Jan. 26


- Man vs. Machine: Automated Regulation Enforcement, Oliver Browne et al. 

- International Spillover Effects of Air Pollution, Seonmin Will Heo et al.

Agency Rulemaking Highlights

COVID Related Actions

Mitigating COVID-19 in Head Start Programs

The Department of Health and Human Services (HHS) issued a final rule requiring Head Start programs to have a COVID-19 mitigation policy. The rule removes the requirement for universal masking for all individuals ages 2 and older, but leaves in effect the vaccine requirement for Head Start programs. Effective January 6.

Pandemic Assistance Programs and Agricultural Disaster Assistance Programs

The U.S. Department of Agriculture (USDA) issued a final rule announcing Phase 2 of the Emergency Relief Program (ERP), which provides assistance to producers who suffered crop losses due to natural disasters. The rule also announces the Pandemic Assistance Revenue Program (PARP), a new program that provides support for agricultural producers impacted by the COVID-19 pandemic. Effective January 11.

Other Notable Actions

Strengthening Air Quality Standards

The Environmental Protection Agency (EPA) is proposing to strengthen its national ambient air quality standards (NAAQS) for particulate matter (PM) by lowering the primary annual PM2.5 standard level. The proposal retains the current primary standards for 24-hour PM2.5 and 24-hour PM10. EPA also proposes revisions to the Air Quality Index (AQI) and monitoring requirements for the PM NAAQS. Comments due 60 days after publication in the Federal Register.

Guidance on Emissions and Climate Change

The Council on Environmental Quality (CEQ) issued interim guidance to assist agencies in analyzing greenhouse gas (GHG) and climate change effects of their proposed actions under the National Environmental Policy Act (NEPA), while CEQ seeks public comment on the guidance. Comments due March 10.

Noncompete Clauses

The Federal Trade Commission (FTC) proposed a rule banning employers from using noncompete clauses to block workers from working for a competing employer or starting a competing business within a certain period of time after the worker’s employment ends. Comments due 60 days after publication in the Federal Register.

Improving Income-Driven Repayment

The Department of Education (ED) is proposing to restructure and rename several repayment plans available to student loan borrowers to make it easier for borrowers to repay their loans. The proposed changes would provide borrowers greater access to affordable repayment terms based upon their income, resulting in lower monthly payments and lower amounts repaid over the life of a loan. Comments due February 10.

Safeguarding Rights of Conscience

HHS proposes to rescind certain provisions of its 2019 final rule titled “Protecting Statutory Conscience Rights in Health Care; Delegations of Authority.” The provisions prohibit recipients of federal funds from coercing health care practitioners into participating in actions—namely, abortion or sterilization—that they find religiously or morally objectionable. HHS contends the revisions are necessary because significant questions have been raised as to their legal authorization. Comments due March 6.

Wild and Exotic Animal Handling

USDA is soliciting public comment on a plan to strengthen regulations regarding the handling of wild and exotic animals for exhibition, as well as the training of personnel involved in their handling. The proposal would also establish standards for environmental enrichment for all animals covered under the Animal Welfare Act. Comments due March 10.

Regulatory Economics for Food, Health, and

Environmental Risk & Safety Management

Meets Tuesday and Thursday 1-4pm ET via zoom,

February 2 – February 23, 2023

Professionals in risk management and assessment, whether in government, private, or nonprofit sector: This course is designed for you!

RSC is pleased to partner with the Joint Institute for Food Safety and Applied Nutrition at University of Maryland, the Office of Risk Analysis and Cost-Benefit within USDA, and the Society for Benefit-Cost Analysis to offer this course training professionals to conduct the types of economic analysis needed to evaluate risk management options in support of food, health, environmental, and safety regulations. Topics covered are applicable for all agencies and people who work with them.

Learn More >

The Opinion Section

WSJ Editorial Board: Judicial Thunder Out of Ohio

WSJ Editorial Board: Lina Khan’s Non-Compete Favor to Big Labor

Henry I. Miller: With New Alzheimer’s Drug, Biden FDA is Not Following the Science

Richard Williams: FDA Needs Modernization, Not More $$

Roslyn Layton: SEC Spin Doctors Trying To Hide Crypto Regulation Disaster

WSJ Editorial Board: Biden’s Student Loan Write-Off, Part II

Gene A. Grant II: Should Crypto Investors Celebrate Regulatory Involvement?

Gary Drenik: Will The Consumer Privacy Wave Continue To Crash Marketers’ Party?

Eli Lehrer: Non-Compete Agreements are a Market Failure. But Change Must Come Through Legislation, Not Regulatory Fiat

Jonathan H. Adler: En Banc Fifth Circuit Denies Chevron Deference to ATF in Bump Stock Case

James Freeman: Regulator of the Week

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure



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