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Regulation Digest

March 8, 2023

Vol. 12, No. 10

Editor: Nate Thompson

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GW Regulatory Studies

- Podcast: Broadening Public Engagement in the Federal Regulatory Process, Steve Balla & Sarah Hay

- Podcast: Top Ten Trends in Federal Agency Actions, Mark Febrizio & Zhoudan (Zoey) Xie


- Event: Register for SBCA’s 2023 Annual Conference, 3/9-3/14 

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


- Intro to AI for Competition and Regulatory Lawyers, Thomas Hoppner & Luke Streatfeild

- Restrict the Middleman? Models of PBM Regulations, Casey B. Mulligan

- A Sandbox Approach to Regulating High-Risk AI, Jon M. Truby et al.

- Priorities for More Effective Tech Regulation, Konrad Kollnig

The Regulatory Review

- Fighting Fires Through Resilience Regulation, Jackson Nichols


- Technology is Not the Boogeyman, Christopher Slobogin

- MQD and Legislative Experimentation, Fred B. Jacob

American Action Forum

- Energy Efficiency Proposals Drive Week Back into the Billions, Dan Goldbeck

- The Importance of Regulatory Focus After the Norfolk Southern Derailment, Dan Goldbeck


- Video: ChatGPT: Risks and Opportunity for Public Comments in Rulemaking (w/ RSC’s Bridget C.E. Dooling)


- The Federal AI Shambles, Brent Orrell

- Addressing Harmful Competitive Advantage, Mark Jamison

- 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

- Excessive Bank Overdraft Charges Demand Regulation, Robert Kuttner

- Will the Supreme Court Block Student Debt Relief?, Miles Mogulescu

Bipartisan Policy Center

- Federal Investments in Child Care Funding Grow, Luci Manning

- Event: The Future of Crypto and Blockchain Policy, 3/15

Brookings Institution

- Event: ChatGPT and the Future of Work, 3/15

C. Boyden Gray Center

- Podcast: What is “The Rule of Law” in Administrative Law?, Noah A. Rosenblum et al.

Cato Institute

- The Resurrection of Affirmatively Furthering Fair Housing, Vanessa Brown Calder

- Event: Overdose Prevention Centers: The Next Logical Step in Harm Reduction, 3/10


- Wetlands Regulation in the Political Swamp, Daniel Farber

Ctr for Washington Area Studies

- Event: Can We Collect Property Taxes Without Stealing Home Equity?, 3/8


- The Article I Regulatory Budget Act, Ryan Young

- This Week in Ridiculous Regulations, Ryan Young

- Congress Overturns DOL ESG Rule Affecting Retirees, Stone Washington

Federalist Society

- Agencies Propose Regulations for Partnerships with Faith-Based Orgs, Rachel N. Morrison

- ED Proposes Rescinding Religious Student Group Protections, Rachel N. Morrison

- Event: How to Effectively Influence Regulations, 3/13

Free State Foundation

- The Affordable Connectivity Program: Time Is of the Essence, Randolph J. May

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


- Rulemaking: Trends at End of Presidential Terms Remained Generally Consistent

Heritage Foundation

- Biden Seeks to Strip Health Care Professionals of Conscience Protections, Melanie Israel

- Unpacking Arguments Against Student Loan Cancellation, Jack Fitzhenry

Inst. for Policy Integrity

- Wins Keep Coming for Robust Climate Analysis in Permitting, Max Sarinsky


- Balancing Privacy and Innovation, Ashley Johnson

- Event: Petrochemicals Without the Petro, 3/16

Manhattan Institute

- A Poorly Designed Boondoggle, Jonathan A. Lesser


- The Independent Contractor Workforce, Katharine G. Abraham et al. 

- The Unexpected Compression, David Autor et al. 

Niskanen Center

- Will Congress Open Up Middle-Class Life to SSI Recipients?, Will Raderman

- ‘Buy American’ Would Delay Decarbonization, Shuting Pomerleau

- What DC Can Learn From the Other Washington About Climate Policy, Kristin Eberhard 

Pew Trusts

- West Warms to Geothermal as a Path to Clean Power Goals, Alex Brown


- The Problem With the 'Abundance Agenda', Christian Britschgi 

- Congress Should Not Give Any Agency Free Rein, William Yeatman

- Podcast: Gov vs. Crypto, Hester Peirce & Nic Carter

R Street

- Using Florida’s Natural Infrastructure to Combat Climate Change, Josiah Neeley & Tony Carvajal

- A Bipartisan Data Privacy Proposal Develops, Steven Ward & Brandon Pugh

Resources for the Future

- Regulation Can Reduce the Frequency of High-Ozone Events, Christopher Holt & Joshua Linn

Agency Rulemaking Highlights

Affirming the Appropriate and Necessary Finding

The Environmental Protection Agency (EPA) is revoking a May 2020 finding that it is not necessary to regulate coal- and oil-fired electric utility steam generating units (EGUs) under the Clean Air Act. EPA now concludes, as it did in 2016, that regulating hazardous air pollutant emissions from EGUs is appropriate and necessary after considering cost. Effective March 6.

Stronger Limits on Water Pollution from Power Plants

EPA is proposing strengthened limits on wastewater pollution discharged from power plants. EPA is also proposing changes to specific compliance paths for certain “subcategories” of power plants, which would retain and refresh a compliance path for coal-fired power plants that commit to stop burning coal by 2028. The agency is issuing a direct final rule and parallel proposal to allow power plants to opt into this compliance path. Additionally, power plants that are in the process of complying with existing regulations and plan to stop burning coal by 2032, would be able to comply with the proposed rule.

Made In the USA Food Labels 

The U.S. Department of Agriculture (USDA) posted a pre-publication draft proposal seeking to better align the voluntary “Product of USA” label claim with consumer understanding of what the claim means. The proposed rule allows the voluntary “Product of USA” or “Made in the USA” label claim to be used on meat, poultry and egg products only when they are derived from animals born, raised, slaughtered and processed in the United States. Comments due 60 days following publication in the Federal Register.

Increased 40-Year Term for Loan Modifications

The Department of Housing and Urban Development (HUD) issued a final rule increasing—from 30 years to 40 years—the maximum term allowed for a mortgagee to modify a federally insured mortgage to cure a borrower’s default. Increasing the maximum term will allow mortgagees to further reduce the borrower's monthly payment as the outstanding balance would be spread over a longer time frame, providing more borrowers the opportunity to retain their homes after default. Effective May 8.

Energy Conservation Standards for Residential Clothes Washers

The Department of Energy (DOE) is proposing to amend energy conservation standards for residential clothes washers. The Department also announces a virtual public hearing on these proposed standards and associated analyses to be held March 28. Comments due May 2.

Adding COVID to List of Select Agents and Toxins

The Centers for Disease Control and Prevention (CDC) issued a final rule updating its list of select agents and toxins regulations with the addition of SARS-CoV/SARS-CoV-2 chimeric viruses resulting from any deliberate manipulation of SARS-CoV-2 to incorporate nucleic acids coding for SARS-CoV virulence factors. With this final rule, regulated entities are required to obtain prior approval from CDC to conduct deliberate manipulation of SARS-CoV-2 because these chimeric viruses have the potential to pose a severe threat to public health and safety. Effective March 3.

Hearings on Airline Ticket Refunds, Service Fees

The Department of Transportation (DOT) announced virtual public hearings on issues related to its Notices of Proposed Rulemaking on Airline Ticket Refunds and Consumer Protections (March 14) and Enhancing Transparency of Airline Ancillary Service Fees (March 16).

The Opinion Section

Susan E. Dudley: Jimmy Carter, The Great Deregulator

Will Dobbs-Allsopp & Anna Rodriguez: Requiring Climate Disclosure From Federal Contractors Is Legal

Cory L. Andrews: Inflation Reduction Act’s Drug Price Caps Scheme Will Reduce Supply of Medicines

Patrick Gleason: Texas Proposal Could Become a National Model for Reining In Regulatory Costs

Roger Cochetti: What to Make of the New US Tech Industrial Policy?

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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