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Regulation Digest

June 7, 2023

Vol. 12, No. 23

Editor: Nate Thompson


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Marketplace of Ideas

GW Regulatory Studies

- Public Interest Comment: On Draft Circular A4, Behavioral Biases, and Discount Rates, Howard Beales III

We’re Hiring: Center Director and Research Professor


Cato Institute

- Banning TikTok Stifles Internet Innovation and Freedom, Will Duffield

- Coordinating Humanitarian Entry in the US and Mexico, Cristobal Ramón & David J. Bier


CAP

- The Truth About Offshore Wind, Michael Freeman

- Why Conservation Leasing on Public Lands Is a Win-Win, Drew McConville

- Understanding Tax Credits in the Inflation Reduction Act, Rachel Chang


CEI

- ‘Passive-Aggressive’ Regulators are a Growing Headache for Business, Harry Kazenoff

- Congress should stop the White House from rewriting ‘Circular A-4’, Clyde Wayne Crews 

- Landmark Ruling on Clean Water Act Case Will Aid Property Rights, Daren Bakst


Economic Policy Inst.

- Congress Should Vote Against Overturning Rule that Protects Farmworkers from Being Underpaid, Daniel Costa


Federalist Society

- Event: Emerging Debates on AI Regulation, 6/13

- Event: 504 Regulations Under the Current Administration, 6/8 

- Why Three Conservative Justices Enabled California to Regulate a Nationwide Industry, Jack Fitzhenry

- The Problem with an “FDA for Algorithms”, Adam Thierer, Neil Chilson

- Supreme Court Rules Against EPA’s Claims of Expansive Wetland Authority, Tony Francois


Free State Foundation

- A Federal Digital Platform Commission Is a ‘Cure’ Worse Than the Disease, Randolph May

- On Regulatory Reform, Maryland Should Follow Virginia's Example, Randolph May


GAO

- Freight Rail Safety—Potential Impacts of Longer Trains


Heritage Foundation

- Supreme Court Ruling Makes Waves for Biden’s EPA, Rachael Wilfong


ITIF

- Any Remake of Antitrust Law for the Digital Economy Should Advance Free Competition, Alex Alben


Mercatus Center

- The Robinson-Patman Act: At Odds with Competition, Alden Abbott & Satya Marar


NBER

- Cryptic Regulation of Crypto-Tokens, Joshua S. Gans


Progressive Policy Inst.

- Digital Trade 2023: The Declaration, the Debates and the Next Global Economy, Ed Gresser


Reason

- EU’s Digital Services Act Threatens Americans' Free Speech, J.D. Tuccille

- In Virginia, No Degree Is No Problem, Emma Camp


SBCA

- Event: Estimating Program Effects, 6/15 & 6/16


SSRN

- Analyzing the UK Online Safety Bill’s Approach to Digital Regulation, Victoria Nash & Lisa Felton

- Redistribution and Regulatory Failure in Brazil, Flavia Donadelli & Jeroen van der Heijden


The Regulatory Review

- Improving and Disclosing Agency Decisions, Essay Series

- Are Child Labor Protections Working?, Korinne Dunn et al.

- The Regulatory Triumph of Wi-Fi, Liam Kerr


Tech Policy Institute

- Reforming Regulation with an Eye Toward Equity, Robert Hahn


Yale JREG

- Adding Public Engagement Upstream, Bridget Dooling

- Cost-Benefit Analysis: Just One of the Tools in the Toolbox, Amy Sinden 

- OMB Should Not Accommodate IRS’s Dubious Baseline Preferences, Kristin E. Hickman


American Action Forum

- Congress Says No, Douglas Holtz-Eakin

- Catching Up With the National Paperwork “Budget”, Dan Goldbeck


AEI

- How the Colorado River’s Reduced Flow Could Affect Agriculture, Stephanie Mercier & Bengt Hyberg


ACUS

- Modernizing Regulatory Review: Perspectives from ACUS, Jeremy Graboyes & Jennifer L. Selin


American Prospect

- Congress Can Defeat Judicial Overreach, Ryan Cooper


Bipartisan Policy Center

- Event: Next Steps After Gonzalez v. Google, 6/15

- Toward a Comprehensive SBA Modernization, Jason Wiens


Brookings Institution

- What Should the Regulation of Generative AI Look Like?, Nicol Turner Lee et al.

Agency Rulemaking Highlights


Notable Actions


Comment Period Extended: Draft Circular A-4

The Office of Management and Budget (OMB) is extending the public comment period for proposed Circular No. A-4, “Regulatory Analysis.” Comments now due June 20. View the Draft Circular here. Submit a comment here.


Good Neighbor Plan, Ozone NAAQS

The Environmental Protection Agency (EPA) issued a rule finalizing implementation requirements to address 23 states’ contributions to nonattainment of the 2015 ozone National Ambient Air Quality Standards (NAAQS) in other states. The implementation sets limitations on various sources of emissions. With respect to fossil fuel-fired power plants in the affected states, an allowance-based trading program will begin in the 2023 ozone season. Effective August 4.


Comment Period Extended: Ethylene Oxide Emissions Standards for Sterilization Facilities

EPA is extending the deadline for comments on its proposed rule, “National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review.” Comments now due June 27.


Energy Conservation Standards for Electric Motors

The Department of Energy (DOE) issued a direct final rule and a proposed rule to amend energy conservation standards for electric motors designed to achieve the maximum improvement in energy efficiency determined to be technically feasible and economically justified. The direct final rule will be effective on September 29, unless DOE receives an adverse comment and determines that such comment may provide a reasonable basis for withdrawal of the direct final rule. Comments due September 19.


Exhibition of Migratory Birds and Eagles

The Fish and Wildlife Service is collecting information to develop a proposed rule for migratory bird and eagle exhibition regulations to authorize possession of live, non-releasable or captive-bred migratory birds for use in teaching people about migratory bird conservation and ecology. Comments due July 3.


Equity Action Plan Update

The Department of Transportation (DOT) seeks comments on how its work to advance equity has impacted organizations and communities. DOT invites input on performance metrics, data sets, tools, and research to measure and advance transportation equity. Responses will inform DOT’s 2023 update to its Equity Action Plan. Comments due June 30.

The Opinion Section

George F. Will: Two-thirds of New Cars Will be EVs in Nine Years? That Will Not Happen.

Brian Deese: The New Climate Law Is Working. Clean Energy Investments Are Soaring.

Lawrence B. Lindsey: The Costs of Political Regulating

Gerard Baker: AI Is the Technocratic Elite’s New Excuse for a Power Grab

WSJ Editorial Board: The HHS ‘Price Transparency’ Rule Is a New Assault on Drug Makers

Mike Watson: IAEA for AI? That Model Has Already Failed

Erin Hawley: The Cure for What Ails the Government’s Security Clearance Process: Automation

Marc Edelman: PGA Tour Merger With LIV Golf Should Cause Concern For Antitrust Regulators

Noah Feldman: Oklahoma’s New State-Funded Religious Charter School Isn’t OK

In the News

Governance & Politics



Financial Markets & Housing



Energy & Environment



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