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Regulation Digest

January 25, 2023

Vol. 12, No. 4

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- 2022 Regulatory Year In Review, Mark Febrizio & Zhoudan (Zoey) Xie

- Video: Panel Discussion on the Handbook of Regulatory Authorities

Progressive Policy Inst.

- The Climate Case for Expanding US Natural Gas Exports, Paul Bledsoe

- The Internet as We Know it Relies on Section 230, Malena Dailey


- EU Rules Will Force Dutch To Ban Livestock Farming, Baylen Linnekin

- How Can Businesses Comply With Virginia's Proposal To Protect Children's Data?, David McGarry

- Ohio To Honor Occupational Licenses from Other States, J.D. Tuccille

R Street

- FDA Should OK Easier Access to Drug that Reverses Overdoses, Marc Hyden

Resources for the Future

- Big Decisions in 2023, Benefits of Electric Vehicles, and More, Matt Fleck et al.

- What Forces Will Shape Energy and the Environment in 2023?, Janet McCabe, Kathleen Hogan


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

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


- Why the EU Right to Data Protection is at Odds with Trade in Personal Data, Bart Custers & Gianclaudio Malgieri

The Regulatory Review

- Public Opinion Supports Electric Vehicle Tax Credits, Sijeong Lim et al.

- Could Financial Disclosures Curb Climate Change?, Samuel Becher & Ilan Noy

Tech Policy Institute

- TPI’s Amicus Brief for Gonzalez v. Google LLC

Urban Institute

- Few College Students Will Repay Student Loans under the Biden Proposal, Matthew Chingos et al.

- What are Human Services, and How Do State Governments Structure Them?, Heather Hahn et al. 


- Timeline for OIRA Nominees in New Administrations, Bridget C.E. Dooling

- ACUS Adopts Recommendation to Improve Precedential Decision Making in Agency Adjudication, Christopher J. Walker

Yale Addiction Medicine

- Event: SAMHSA's Proposed Updates to Methadone Rules, Jan. 27 (with RSC’s Bridget C.E. Dooling)


- How the Feds Froze Out a High-Tech Frost Fix, Henry I. Miller

American Action Forum

- Noncompete Rule Highlights Otherwise Modest Week, Dan Goldbeck & Dan Bosch

- Internet Week at SCOTUS​, Douglas Holtz-Eakin

American Prospect

- USDA Ignores Its Own Proposed Labor Standards, Luke Goldstein & Jarod Facundo

Cato Institute

- Biopharming Has a Tough Row to Hoe, Henry I. Miller & Kathleen L. Hefferon

- Podcast: The Return of the Pre‐​COVID Regulatory Hurdles, Rea Hederman & Caleb O. Brown

- Accountability and the Air Traffic Control Debacle, Scott Lincicome


- An Update on Biden Admin. Executive Orders and Memoranda, Clyde Wayne Crews

- This Week in Ridiculous Regulations, Ryan Young

- Congress Should Require a Regulatory Budget in Exchange for Raising the Debt Ceiling, Kent Lassman

Federalist Society

- A Critique of the ‘Congressional Dysfunction’ Critique of the MQD, Randolph J. May

Free State Foundation

- FCC’s 2022 Comms Marketplace Report, Seth L. Cooper

- On Video, the FCC's Competition Report Falls Short, Andrew Long


- Third-Party Litigation Financing: Market Characteristics, Data, and Trends 

- Federal Workforce: Strengthening Diversity, Equity, Inclusion, and Accessibility


- It’s Time to Cement Telehealth’s Place in US Health Care, John Glaser & Kyle Zebley

Harvard T.H. Chan

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


- Should Congress Pass President Biden’s Tech Agenda?, Robert D. Atkinson et al.

Law & Governance

- Event: OIRA Abroad? Israel’s New Regulation Authority, Feb. 1 (with RSC Director Susan Dudley)

Manhattan Institute

- California’s Green Debacle, Jonathan A. Lesser

Mercatus Center

- Insider Trading at Administrative Agencies, Giorgio Castiglia

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


- Rationing Medicine Through Bureaucracy, Zarek Brot-Goldberg et al.

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

Niskanen Center

- Powering the Nation: How to Fix the Transformer Shortage, Gabriela Rodriguez & Johan Cavert

- Cabotage in Captivity: Inland Waterways and the Jones Act, Andrew Justus

Agency Rulemaking Highlights

Ukraine/Russia Related Actions 

Additional Russia Sanctions Announced

Treasury’s Financial Crimes Enforcement Network (FinCEN) is issuing an order, pursuant to the Combating Russian Money Laundering Act, to prohibit certain transmittals of funds by any covered financial institution involving Bitzlato Limited. The company was determined to be a money laundering operation in connection with Russian illicit finance.

Notable Actions

Emission Standards for New Heavy-Duty Vehicles

The Environmental Protection Agency (EPA) is finalizing a program to further reduce air pollution and particulate matter from heavy-duty engines and vehicles across the United States. The final rule aims to lower emissions and air pollutants beginning no later than model year 2027. Effective March 27.

Strengthening Organic Enforcement

The U.S. Department of Agriculture (USDA) issued a final rule to strengthen oversight and enforcement of the production, handling, and sale of organic agricultural products. The amendments aim to protect integrity in the organic supply chain and build consumer and industry trust in the USDA organic label by strengthening organic control systems, improving farm to market traceability, and providing robust enforcement of the USDA organic regulations. Effective March 20.

Prevention of Digital Discrimination in Broadband Access

The Federal Communications Commission (FCC) seeks comment through a proposed rule to address digital discrimination of access to broadband internet access service. The proposal would revise FCC’s informal consumer complaint process to accept complaints of digital discrimination of access, and it proposes model policies and best practices for states and localities combating digital discrimination. Comments due March 21.

Data Breach Reporting Requirements

The FCC proposed a rule to strengthen its protections against data breaches. The proposal expands the definition of “breach” to include inadvertent disclosures of customer information and seeks comment on adopting a harm-based trigger for breach notifications. The rule would also require carriers to notify the FCC, in addition to the Secret Service and FBI, as soon as practicable after discovery of a breach. Comments due February 22.

NuScale Small Modular Reactor Design Certification

The Nuclear Regulatory Commission (NRC) issued a final rule amending its regulations to certify the NuScale standard design for a small modular reactor. Effective February 21.

Disclosure of Order Execution Information

The Securities and Exchange Commission (SEC) is proposing to amend existing requirements under the Securities Exchange Act of 1934 to update the disclosure required for order executions in national market system stocks. The proposal expands the scope of reporting entities subject to the rule that requires market centers to make available to the public monthly execution quality reports to encompass broker-dealers with a larger number of customers. To better reflect the speed of the marketplace, SEC is proposing that the time of order receipt and time of order execution be measured in increments of a millisecond or finer. Comments due March 31.

The Opinion Section

Phil Gramm & Hester Peirce: The SEC Seeks to Supplant the Market

Suzanne P. Clark: The Chamber of Commerce Will Fight the FTC

WSJ Editorial Board: Nationwide Rent Control?

Ike Brannon: Pharma’s Strategy to Exploit a Depression-Era Antitrust Law Would Raise Drug Costs for Consumers

Ted Lieu: I’m a Congressman Who Codes. AI Freaks Me Out.

Suzanne Nossel: There’s No Quick Fix for Social Media

Stewart Room: Confidence in Cybersecurity Regulation for Critical Infrastructure

Cliff Winston: Economists are Still Right About Airline Deregulation

David Hickton: ChatGPT Could Transform Society — and its Risks Require Quick Regulation

Jonathan H. Adler: Fifth Circuit Grants En Banc Rehearing to Challenge to FDA Rejection of Vaping Products

John Stossel: No, Recycling Will Not Save the Environment

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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