Biden's OMB Transition, Treating Opioid Use Disorder, and Big Tech Regulators
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Regulation Digest
March 10, 2021
Vol. 10, No. 9
Editor: Bryce Chinault

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Marketplace of Ideas
GW Regulatory Studies Center
- Behind the Scenes of the Biden Transition Team at OMB, Podcast
- Revamping Regulations .gov, Mark Febrizio
- The Jerry Ellig Memorial Fund, Update

CEI
- Virginia on Privacy, Jessica Melugin
- Social Cost of Carbon Estimates, Marlo Lewis

Heritage Foundation
- Let People Decide How to Use Their Savings, Norbert Michel

Inst. for Policy Integrity
- Vehicle Miles Traveled Fee, March 24

Mercatus Center
- GameStop, Robinhood, & Retail Investing, Andrew Vollmer
- WA’s Certificate-of-Need Program, Matthew Mitchell

Niskanen Center
- Nurse practitioners handled a pandemic. Why not regular care?, Lusine Poghosyan

Progressive Policy Inst.
- Clear Vision for Modern Ocular Care, Arielle Kane

Public Citizen
- Trump’s Last-Minute Regulatory Rollbacks, Amit Narang & Matt Kent

Reason
- CA's Zero-Emission Car Mandate, Steven Greenhut

R Street Institute
- Section 230, Jeff Westling

RFF
- Federal oil & gas leasing program, Brian Prest
- Federal Climate Policy, Marc Hafstead

SBCA
- 2021 Annual Conference, March 17-24

SSRN
- Meaningful Transparency At EPA, Nick Hart & Daniel D'Arcy
- China’s War on Pollution, Michael Greenstone, et al.
- Blockchain Tech & Financial Regulation, Alexis Collomb, et al.

The Regulatory Review
- Market Failure Theory, James Broughel
- The Role of Law, Not Just Rule of Law, Peter Schuck
- A New New York Stock Exchange?, James Alford

Tech Policy Institute
- FCC Economics, Podcast

Washington Legal Fdn.
- EPA's Environmental Self-Disclosure Audit Policy, Joel Eagle

Yale Journal on Reg.
- Fish & Wildlife Service v. Sierra Club, Bernard Bell
- Commerce v. New York, William Yeatman

American Action Forum
- CLEAN Future Act, Dan Bosch

AEI
- Infrastructure costs since the 1960s, Leah Brooks
- Section 230’s half-bad economics, Mark Jamison
- Should Europe lead the world on tech?, Shane Tews

American Prospect
- Will Financial Regulators Act on Climate?, Dorothy Slater
- Bills Biden Can Get Through By Majority Vote, David Dayen

Brookings Institution
- Climate change risks, Sanjay Patnaik & Dante Disparte
- Why Texas had catastrophic blackouts, Colby Galliher, et al.

C. Boyden Gray Center
- Financial Regulation in the Biden Admin, March 11

Cato Institute
- The Bag Ban Blunder, Ryan Bourne & Erin Partin
- EPA Data Transparency, RIP, Peter Van Doren
- Regressive DC Childcare Regulations, Ryan Bourne & Erin Partin

Various Sources
- Red Tape, Organizational Performance, & Employee Outcomes, Sanjay Pandey, et al.
- Algorithmic approaches for assessing pollution reduction policies, Stanford
Agency Rulemaking Highlights
COVID-19 Related Actions

HHS: Health Equity Task Force Meeting
SBA: Paycheck Protection Program Revisions
Other Notable Actions

Genetically Engineered Animals
The Dept. of Agriculture reopened the comment period for an advance notice of proposed rulemaking on the movement of certain animals modified or developed by genetic engineering. Comments due May 7.

HIPAA Privacy Rules
The Dept. of Health & Human Services extended the comment period on a proposed rule that seeks to remove barriers to coordinated care. Comments due May 6.

Independent Contractor Status
The Wage & Hour Division delayed the effective date of a final rule, which defines an "independent contractor" under the Fair Labor Standards Act, until May 7.

Equal Access to Justice Act
The Occupational Safety & Health Review Commission issued a notice of proposed rulemaking to conform with new model rules from the Administrative Conference of the United States. Comments due April 7.

Federal Motor Vehicle Safety Standards
The National Highway Traffic Safety Administration reopened the comment period for an advance notice of proposed rulemaking related to test procedures for vehicle safety standards. Comments due April 9.
The Opinion Section
Bridget Dooling & Laura Stanley: The Pandemic Broke through Opioid Treatment Red Tape. Let’s Keep It that Way.
Michael Greenstone & James Stock: The Right Discount Rate for Regulatory Costs and Benefits
Ian Jefferies: U.S. Rail Can Help on Climate Change
Will Marshall & Paul Bledsoe: Natural Gas and America's Clean Energy Transition
Tyler Cowen: Air Pollution Kills Far More People Than Covid Ever Will
Liya Palagashvili & Michael Farren: UK Uber Ruling Shows Old Labor Regs Don't Fit Today's Workforce
WSJ Editorial: Harassing the Hammonds & The Culture Wars Are Coming to the SEC
NYT Editorial: America, Your Privacy Settings Are All Wrong
Brian Knight: Will the Biden CFPB Clamp Down on Innovation and Regulatory Sandboxes?
Frank Wolak: Why Federal Regulation is Not the Answer
Ray Gifford: How the Texas Power Catastrophe Could've Been Avoided
Kristin Tate: Why a Digital Dollar Could be an Economic and Privacy Calamity
Greg George: It's Time to Eliminate Bureaucratic Barriers to Health Care Access
Wayne Crews: Tyrannosaurus Regs and Regulatory Dark Matter: Biden’s Accountability Deficit on Regulation
Andrew Stuttaford: Rule by Regulation
In the News
Financial Markets & Housing
  • Bank Regulation Tweak Unlikely to Be Cure-All for Treasurys, Wall Street Journal
  • More ESG Shareholder Proposals Could Reach Ballots Under New SEC Leadership, Wall Street Journal
  • SEC accuses AT&T of selectively sharing investment info with analysts, CNBC
  • GameStop Saga Prompts SEC to Weigh Review of Payment for Order Flow, Wall Street Journal
Energy & Environment
  • Justice Amy Coney Barrett, in First Opinion, Limits Access to Government Documents, Wall Street Journal
  • White House’s Reworked Climate Metric Draws Suit from States, Bloomberg
  • Deregulation Aimed to Lower Home-Power Bills. For Many, It Didn’t., Wall Street Journal
  • NRC chairman sets out vision for US nuclear regulation, World Nuclear News
  • Biden Team Races to Assemble New Climate-Change Strategy, Wall Street Journal
  • EPA investigates toxic 'forever chemicals' in pesticides, The Hill
  • Kerry and EU Discuss Further Cooperation on Climate Change, Wall Street Journal
  • Biden administration to propose revocation of Trump bird rule, The Hill
  • There’s Only One Power Regulator Left in Texas After Crisis, Bloomberg
  • Europe’s Anti-Greenwashing Rules Take Effect for Fund Managers, Bloomberg
  • Biden administration to launch review of future of federal oil leasing program, Reuters
  • Judge halts fracking leases on NEPA grounds, Energywire
Health & Safety
  • Biden Will Revisit Trump Rules on Campus Sexual Assault, New York Times
  • Lawsuit Argues 'Ticking Time Bomb' Could Invalidate Thousands Of Health Rules, NPR
  • Pandemic Forces F.D.A. to Sharply Curtail Drug Company Inspections, New York Times
Business
  • A Leading Critic of Big Tech Will Join the White House, New York Times
  • Biden to nominate Big Tech critic Lina Khan to Federal Trade Commission, Washington Post
  • Food-Delivery Regulation Is a Drama Worth Watching, Wall Street Journal
Technology
  • How the Biden administration is approaching crypto regulations, TechCrunch
  • US Lawmakers Introduce Bill to Clarify Crypto Regulations, Yahoo
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