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Regulation Digest

January 18, 2023

Vol. 12, No. 3

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Will ChatGPT Break Notice and Comment for Regulations?

Podcast | Commentary

- Event: Panel Discussion on the Handbook of Regulatory Authorities, Jan. 19

Pew Trusts

- Study Shows Easing Access to Methadone Helps Patients with Opioid Use Disorder, Sheri Doyle & Frances McGaffey 


- Gas Stoves May Soon Be Banned To Protect the Children, Liz Wolfe

- Britain Wants to Jail Social Media Managers Who Don't Censor to the Government's Liking, Scott Shackford 

R Street

- Patent Reform Key to Lower Drug Prices, Wayne Brough

- Biden Wants America to Become Europe on Tech Regulation, Adam Thierer

Resources for the Future

- Podcast: Does Cap and Trade Exacerbate Environmental Injustice in California?


- Event: Register for SBCA’s 2023 Annual Conference, 3/9-3/10 

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


- Will Informal Environmental Regulation Induce Residents to Form a Green Lifestyle?, Qiaoqiao Zheng et al.

The Regulatory Review

- Noncompete Agreements and Antitrust’s Rule of Reason, Herbert Hovenkamp

- Enforcing Net-Zero Goals, Bryn Hines

Washington Legal Fdn.

- Medicare’s Initial Plans for Drug Price Negotiation, Matt Wetzel


- Constructing Environmental Compliance, Daniel E. Ho & Colleen Honigsberg

- A Playbook on How to Achieve Compliance With Environmental Regulations, Seema Kakade

- Fixing What’s Wrong with Environmental Enforcement, Robert L. Glicksman

American Action Forum

- Energy Efficiency Proposals Provide Early January Surge, Dan Goldbeck & Dan Bosch

- Groundhog Day Comes Early, Douglas Holtz-Eakin

- Proposed FTC Noncompete Ban Oversteps Agency Authority, Fred Ashton


- Japan’s Precarious Digital Markets Crossroads, Shane Tews

American Prospect

- What Was Behind Last Week’s FAA Breakdown?, Dylan Gyauch-Lewis

- The Inevitable Prosecutions of Women Who Obtain Abortions, David Dayen


- Exporting the Surveillance State Via Trade in AI, Martin Beraja et al.

Cato Institute

- Crypto Fraud Already is Illegal, Defi Innovation Should Not Be, Jack Solowey & Jennifer Schulp

- More Labor Market Margins of Adjustment, Ryan Bourne

- Two States Embrace Occupational Licensing Reform, Marc Joffe

- EVs and Unintended Consequences of Industrial Policy, Scott Lincicome


- Fixing What’s Wrong with Environmental Enforcement, Robert L. Glicksman


- This Week in Ridiculous Regulations, Ryan Young

- Restrictions on Natural-Gas Stoves Are Climate Policy by Another Name, Ben Lieberman

- 332 Costliest Rules in the Fall Unified Agenda, Clyde Wayne Crews

Federalist Society

- Event: Cryptocurrency Regulation in the Aftermath of FTX, Feb. 15

Harvard T.H. Chan

- Course: Environmental Health Risk: Analysis and Applications, Feb. 27 - March 3

Heritage Foundation 

- Supreme Court Should End Federal Government’s Water Overreach, Daren Bakst


- Citing 15 AR/VR Safety Threats, New Report Recommends Policy Solutions, Juan Londoño

- Let’s Unite for US Tech Leadership, Mr. President, Robert D. Atkinson et al.

Mercatus Center

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


- Event: Economic Analysis of Regulation, Spring 2023, Feb. 9

Niskanen Center

- Rebooting the Jones Act for the 21st Century, Gabriela Rodriguez

Agency Rulemaking Highlights

Notable Actions

Revised Definition of “Waters of the United States”

The Environmental Protection Agency (EPA) and the Army Corps of Engineers issued a final rule defining the scope of waters protected under the Clean Water Act. The new rule primarily takes on the inherent difficulties of defining precise bounds to regulable waters and establishes limits to draw the boundary of waters subject to federal protection. Effective March 20.

Emergent Suicide Care

The Department of Veterans Affairs (VA) issued an interim final rule amending its medical regulations to implement section 201 of the Veterans Comprehensive Prevention, Access to Care, and Treatment Act of 2020, which directs VA to furnish, reimburse, and pay for emergent suicide care for certain individuals. Effective March 20.

Partnerships With Faith-Based and Neighborhood Organizations

A substantial group of agencies issued a Notice of Proposed Rulemaking to amend their regulations to clarify protections for beneficiaries receiving federally funded social services and the rights and obligations of organizations providing such services. In accordance with the establishment of the White House Office of Faith-Based and Neighborhood Partnerships, the clarification aims to promote maximum participation by beneficiaries and providers in the agencies' covered programs and activities and ensure consistency in their implementation. Comments due March 14.

Safety Management Systems

The Federal Aviation Administration (FAA) issued a Notice of Proposed Rulemaking to update and expand the requirements for safety management systems (SMS) and require certain certificate holders and commercial air tour operators to develop and implement an SMS. Comments due March 13.

Location-Based Routing for Wireless 911 Calls

The Federal Communications Commission (FCC) is proposing rules to more precisely route wireless 911 calls and texts to Public Safety Answering Points (PSAPs), which can result in faster response times during emergencies. The proposal would require wireless providers to deploy technology that supports location-based routing for precise information about the location of the wireless caller's device. Comments due March 20.

Expansion of Generic Label Approval

The U.S. Department of Agriculture (USDA) issued a final rule that expands the circumstances under which it will generically approve the labels of meat, poultry, and egg products submitted to its Food Safety and Inspection Service (FSIS). USDA also announced revised guidelines on the types of labels that must be submitted to FSIS for approval. Effective March 20.

The Opinion Section

Rebecca Leber: The Gas Stove Regulation Uproar, Explained

Alex Guillén & Ben Lefebvre: What the Right’s Gas Stove Freakout was Really About

Dominic Parker: Congress Limits Conservation Easement Write-offs — That’s Good for Conservation and Taxpayers

Ted Nordhaus & Adam Stein: Regulatory Rush Job Will Be a Disaster for Advanced Nuclear Energy

Alfredo Ortiz: Occupational Licenses Are Killing Minority Entrepreneurship

Jonathan H. Adler: Sixth Circuit Upholds Injunction Against Biden Administration COVID-19 Vaccine Mandate for Federal Contractors

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Business & Technology

Transportation & Infrastructure

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