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Regulation Digest

March 15, 2023

Vol. 12, No. 11

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Highlights of the Benefit Cost Analysis Conference, Sakshi Kataria

The Regulatory Review

- Merger Law Is Dante’s Inferno Revisited, Richard J. Pierce, Jr.

- Drug Safety, or Overregulation of Reproductive Health?, Katie Cohen

Urban Institute

- Pathways to Equity at Scale, Rekha Balu et al.


- Public-Private AI Governance Partnerships, Elena Chachko

- The Health Equity Machine?, Jessica L. Roberts

American Action Forum

- An Active Week for SEC and FDA, Dan Goldbeck

- Highlights of the FY2024 President’s Budget, Gordon Gray


- Reimagining Labor Market Information, Julia Lane

- Event: Livestock Regulation and the 2023 Farm Bill, 3/22


- Request for Comment: Identifying and Reducing Burdens in Administrative Processes, due by 4/17

American Prospect

- The Filthy Emissions of Railroad Locomotives, Sarah Lazare

- The Crypto Shell Game, Robert Kuttner

Bipartisan Policy Center

- The Promise of On-Demand Access to Earned Wages, Emerson Sprick & Rachel Snyderman

Brookings Institution

- What is the Social Cost of Carbon?, Elijah Asdourian & David Wessel

- UK and EU are Regulatory First Movers While the US Watches, Tom Wheeler

- The Political Economy of Reforming Costly Ag Policies, Danielle Resnick et al.

C. Boyden Gray Center

- Event: 2nd Annual Gray Lecture on the Administrative State, 3/31

Cato Institute

- Jimmy Carter vs. the Fairness Doctrine, Paul Matzko

- Biden’s Budget Misses the Mark, Romina Boccia & Dominik Lett


- Center Mounts Counteroffensive to Anti-Reg Efforts at House Hearing, James Goodwin


- Money for the CFPB Through the Appropriation Process, Devin Watkins

- What Are Administrative Law Courts? Why Do They Matter?, Stone Washington

Economic Policy Inst.

- Child Labor Laws are Under Attack in States Across the US, Jennifer Sherer & Nina Mast

Federalist Society

- The CFPB Is on Life Support, Richard A. Samp

- Countering the Biden Administration’s ESG PushAnna St. John & Ned Hedley

Free State Foundation

- Preserve Consumer Choice for Affordable Broadband Plans With ETFs, Seth Cooper

- Event: FSF’s 15th Annual Policy Conference, 3/28


- HHS Is Taking Steps to Help States Support Relative Caregivers


- Designing a Climate Advocacy Strategy, Sophie Dembinski et al.


- Event: Petrochemicals Without the Petro, 3/16

Manhattan Institute

- Danger in the Machine: Biases Embedded in AI Systems, David Rozado

- Rejuvenating Social Security, Chris Pope

Niskanen Center

- This is How a Carbon Tax Comes Back, Kristin Eberhard

Progressive Policy Inst.

- Overview of Global AI Regulation and What’s Next, Jordan Shapiro & Jillian Cota


- Ride-Share and Delivery Drivers Are Independent Contractors, Says Court, Elizabeth Nolan Brown

- Short on Adderall? Blame DEA Production Caps, Joe Lancaster

R Street

- Expanding Treatment with the Modernizing Opioid Treatment Access Act, Alexandra Perez

- Constitutional Concerns as SCOTUS Considers Challenges to Content Moderation, Jonathan Cannon

Resources for the Future

- How Local are the Local Economic Impacts of Wildfires?, Margaret A. Walls & Matthew Wibbenmeyer


- Carbon Pricing, Lasse Heje Pedersen

- Investor Driven Climate Accountability, Lindsay Sain Jones & Kimberly Houser

Agency Rulemaking Highlights

PFAS Levels in Drinking Water

The Environmental Protection Agency (EPA) seeks public comment on its proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS chemicals, commonly known as “forever chemicals.” The proposal would establish legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water and health-based, non-enforceable maximum contaminant level goals for these chemicals. Two informational webinars will be held—March 16 and March 29—as well as a public hearing on May 4. Comments due 60 days after publication in the Federal Register.

Good Neighbor Plan to Cut Smog

EPA issued a final rule compelling 23 states to take action for their impacts on the 2015 ozone National Ambient Air Quality Standards (NAAQS) in other states. The “Good Neighbor” provisions of the Clean Air Act prohibits certain ozone-precursor emissions from fossil-fuel fired power plants by implementing an allowance-based trading program beginning in the 2023 ozone season. The action will prohibit emissions from certain other industrial stationary sources through limits and associated requirements beginning in the 2026 ozone season. Effective 60 days after publication in the Federal Register.

Breast Density Information Now Required in Mammograms

The Food and Drug Administration (FDA) is issuing a final rule to update mammography regulations to address improvements in mammography technology and best practices. Notably, the rule requires that mammography patients be notified if they have dense breast tissue, which can make imaging less precise and cancer harder to find. Effective September 10. 

Read Bridget Dooling’s Public Interest Comment on FDA’s 2019 proposal

Enterprise Regulatory Capital Framework Enhancements

The Federal Housing Finance Agency (FHFA) seeks comments on a notice of proposed rulemaking that would amend several provisions in the Enterprise Regulatory Capital Framework for the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). The proposed rule would include modifications related to guarantees on commingled securities, multifamily mortgage exposures secured by government-subsidized properties, derivatives and cleared transactions, and credit scores. Comments due May 12.

Extending the REAL ID Enforcement Date

The Department of Homeland Security (DHS) issued a final rule extending the date for card-based enforcement of the REAL ID regulations from May 3, 2023 until May 7, 2025. Beginning on that date, Federal agencies are prohibited from accepting a state-issued driver's license or identification card for official purposes unless such license or card is REAL ID compliant. Effective March 9, 2023.

Lifeline and Link Up Supporting Survivors of Domestic and Sexual Violence

The Federal Communications Commission (FCC) is proposing new rules implementing the Safe Connections Act, designed to improve access to communications services for survivors of domestic abuse and related crimes. The proposal seeks comment on whether to designate the Lifeline program or the Affordable Connectivity Program as the program that provides emergency communications support to qualifying survivors experiencing financial hardship, and how to enhance the selected program to best serve survivors. Comments due April 12.

The Opinion Section

WSJ Editorial Board: The Banking Education of Barney Frank

Paul Kupiec: Bank Regulators Were Asleep at the Wheel

James Freeman: Washington Is the Systemic Risk

Steve H. Hanke & Matt Sekerke: Nothing Redeems Crypto

Thomas P. Vartanian: We Should Be Thanking Sam Bankman-Fried

David Michaels: Conflicts of Interest Could Undermine the Cleanup Efforts in East Palestine

Margo Oge: Regulatory Rollbacks Involving Public Safety and the Environment Have a High Cost

Thomas Lenard: The Public Still Deserves Answers About Our COVID Response

Ilona Cohen: Cyber Regulations Can Make our Nation Safer

Dara Lind: We Should Give Up the Fantasy of Solving the Border Crisis

Benjamin Powell: On Deregulation, Biden Would Be Wise to Emulate Carter Administration

Washington Post Editorial Board: No One Should be Happy About These Bank ‘Bailouts’

Paul Krugman: How Bad Was the Silicon Valley Bank Bailout?

David Blackman: Why the Feds Should Tread Lightly On Hydrogen Regulation

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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