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Regulation Digest

May 10, 2023

Vol. 12, No. 19

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Many thanks to all our panelists at yesterday’s event on Revising Regulatory Review! Video recordings coming soon at our website.

American Prospect

- The Silver Lining in the Latest Bank Panic, Robert Kuttner

- Crackdown on Predatory Green Loans, Lee Harris

Bipartisan Policy Center

- The Time to Reform Our Permitting System is Now, Sasha Mackler

Brookings Institution

- The Politics of AI: ChatGPT and Political Bias, Jeremy Baum & John Villasenor

- Biden’s EO on Care Work is an Important step for an Industry in Crisis, Molly Kinder

Cato Institute

- Podcast: Jennifer Huddleston and Will Duffield on Social Media Regulations & Policy


- White House Must Take More Action To Address AI Concerns, Adam Conner


- EPA’s Almost Bare-Naked Electric Car Mandate, Marlo Lewis Jr.

Federalist Society

- Developments on Drones, Air Rights, and Takings, Brent Skorup

Free State Foundation

- Case Study on Overlapping Federal Broadband Subsidies, Andrew Long

Heritage Foundation

- DoE’s Costly Bid to Regulate Gas Stoves Out of Existence Inflames Consumers, Rachael Wilfong & Anna Bowers

- 10 Ways EPA’s New EV Regs Weaken America, Strengthen China, Diana Furchtgott-Roth

Inst. for Policy Integrity

- Event: Energy Insecurity & Energy Transitions, Obstacles & Opportunities, 5/15


- FAA Standardization Could Help Delivery Drones Take Flight, Becca Trate

- Merger Guidelines Must Do More to Support Productivity, Innovation, Aurelien Portuese

Law & Political Economy Project

- Some Short Circuits in the Rewiring of Regulatory Review, Luke Herrine


- Podcast: RSC’s Bridget Dooling and Mark Febrizio on Robotic Rulemaking

Manhattan Institute

- Podcast: AI With David Rozado

Mercatus Center

- Unfair Competition under the FTC Act: What Is the Intelligible Principle?, Gregory J. Werden


- Randomized Regulation: The Impact of Minimum Quality Standards on Health Markets, Guadalupe Bedoya et al.

- The Unequal Economic Consequences of Carbon Pricing, Diego R. Känzig

Pew Trusts

- Many Student Loan Borrowers Vulnerable to Default When Payments Resume, Lexi West et al. 


- Biden's Student Loan Plan Could Cost Twice as Much as Projected, Eric Boehm

R Street

- Regulators Gonna Regulate, Phillip Rossetti 

- Narrow Rules on Rail Will Produce Unintended Consequences in Transportation, Phillip Rossetti 

Resources for the Future

- EV Subsidies, Roadblock or Accelerator?, Nafisa Lohawala

- How Do We Jumpstart Bus and Truck Electrification?, Beia Spiller et al.


- Event: Economics of Addiction, 5/23 & 5/25


- Global Perspectives on the Right to Personal Data Portability, Gregor Lienemann

- Setting Safety Expectations for Automated Vehicles, William H. Widen & Philip Koopman

- The Labor Market Effects of Occupational Licensing in the Public Sector, Morris M. Kleiner & Wenchen Wang

The Regulatory Review

- Electrifying Environmental Justice, Bryn Hines

- “Making a Fuss” About Disability Rights, Heather Swadley

- Cracking Down on Overdose Deaths, Katie Cohen 

Tech Policy Institute

- Leverage Alternative Data Sources to Refine Broadband Availability Maps, Scott Wallsten

Washington Legal Fdn.

- Biden’s EO Directs Sweeping New Environmental Justice Actions, Karen C. Bennett


- Have the SEC’s Delay Tactics Made it Vulnerable to Challenge?, Kara McKenna Rollins

American Action Forum

- The IRA and and Prescription Drug Plans, Douglas Holtz-Eakin

- Pharmacy Benefit Managers: Transparency Measures Aren’t a Silver Bullet, Laura Hobbs

- The Climate-Trade Policy Collision, Douglas Holtz-Eakin


- FTC Launches a Missile to Kill a Mouse, Daniel Lyons

- Event: Regulating the Regulators: The Recent Past and Future, 5/17

Agency Rulemaking Highlights

Notable Actions

Circumvention of Lawful Pathways

The U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review issued a final rule modifying asylum provisions, following the termination of the Centers for Disease Control and Prevention’s Title 42 public health order. The rule introduces “a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel.” The agencies also request comment on extending the rebuttable presumption to noncitizens who enter the United States without documents sufficient for lawful admission at a maritime border. Effective May 11.

Unexpected Urgent Refugee and Migration Needs

The Presidential Determination states that it is important to the national interest to furnish assistance under the Migration and Refugee Assistance Act of 1962 in an amount not to exceed $50.3 million from the U.S. Emergency Refugee and Migration Assistance Fund “for the purpose of meeting unexpected urgent refugee and migration needs in the Western Hemisphere.”

Termination of Temporary Travel Restrictions

The Department of Homeland Security announced its decision to terminate temporary restrictions on travel by certain noncitizens into the U.S. at land ports of entry, including ferry terminals, along the U.S.-Mexico and U.S.-Canada borders. Noncitizens who are neither U.S. nationals nor lawful permanent residents will no longer be required to provide proof of being fully vaccinated against COVID-19 upon request at arrival. Effective May 12.

Temporary Extension of COVID-19 Telemedicine Flexibilities

The Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration are jointly issuing a temporary rule to extend pandemic-era exceptions to DEA’s telemedicine regulations. This extension aims to help patients avoid lapses in care while DEA and the Department of Health and Human Services are reviewing comments on two NPRMs regarding telemedicine and the prescription of controlled medication. Effective May 11.

Call Authentication Trust Anchor

The Federal Communications Commission (FCC) seeks comment on additional measures to strengthen its caller ID authentication framework and continue to reduce illegally spoofed calls. The NPRM specifically requests comment on the use of third-party caller ID solutions, including whether the FCC should permit, prohibit, or limit their use. Comments due June 5.

The Opinion Section

WSJ Editorial Board: Biden’s Big Bank Contradiction

Aaron Klein: The Fed Shouldn’t be Regulating Banks

Jonathan Bydlak: Do the Feds Know What They Are Doing?

Angela Rachidi: SNAP Needs a Healthy Overhaul

Lina Khan: We Must Regulate AI. Here’s How.

Tyler Cowen: AI Experts Aren’t Always Right About AI

Jessica Melugin: Politicians are Squandering America’s Chance to Get it Right on TikTok

Thomas Friedman: We Are Opening the Lids on Two Giant Pandora’s Boxes

Eva Greenthal & Peter Lurie: The Time is Ripe to Transform Food Labels

David Coursen: EPA Needs to be Rebuilt, Not Nickel and Dimed to Death with Budget Cuts 

WSJ Editorial Board: How to Make Housing Less Affordable  

Ben Lieberman: Biden Cracks Down on Gas Stoves—and Much More

David Bernhardt: The Deep State Is All Too Real

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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