Facebook  Twitter  

Regulation Digest

May 17, 2023

Vol. 12, No. 20

Editor: Nate Thompson

Subscribe | Support

Marketplace of Ideas

GW Regulatory Studies

- Videos Now Available: Watch Our Revising Regulatory Review Event with OIRA Administrators and Circular A-4 Experts

Bipartisan Policy Center

- Video: John Podesta Outlines Biden’s Priorities on Energy Permitting Reform

Brookings Institution

- TikTok Shows Why Social Media Companies Need More Regulation, Sanjay Patnaik & Robert E. Litan

Cato Institute

- Takeaways from the GDPR, 5 Years Later, Jennifer Huddleston

- Podcast: Addressing the Oppressive Burden of Occupational Licensing, Steven Doan & Stephen Slivinski


- Taming the Dormant Commerce Clause, Daniel Farber

- In Upcoming Fishing Case, High Court Could Reel in Entire Administrative State, Minor Sinclair


- New Credit Card Late Fee Rule Hurts Folks Who Pay their Bills On Time, John Berlau

- Power Plant Emissions Rule Seeks to Shutter Certain Plants Without Authorization from Congress, Daren Bakst et al.

- What I told the EPA About its Attack on Americans’ Cars and Mobility, Daren Bakst

Federalist Society

- Chevron is Dead, Long Live Chevron, Corbin K. Barthold

Heritage Foundation

- White House’s Expensive and Unrealistic Push for EVs, EJ Antoni


- The Great Revealing: Taking Competition in America and Europe Seriously, Hadi Houalla & Aurelien Portuese

Manhattan Institute

- What’s Behind Fannie and Freddie’s Higher Fees?, Nicole Gelinas

Mercatus Center

- Battling Overregulation in State Courts, Reeve Bull

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


- Administrative Burden and Procedural Denials: Evidence from SNAP, Eric Giannella et al.

Pacific Legal Foundation

- Call for Papers: Should Agency Adjudication Be Ended?, proposals due July 1

Pew Trusts

- Affordable Credit Poised to Save Consumers Billions, Alex Horowitz

Public Citizen

- The Fate of the Consumer Financial Protection Bureau, Scott Nelson


- Is Biden Replacing Bad Border Policy With Worse Border Policy?, Elizabeth Nolan Brown

- Joe Biden's War on Dishwashers Rages On, Christian Britschgi

- EPA's New Power Plant Rules Would Be Hard To Implement, Possibly Unconstitutional, Joe Lancaster

R Street

- What is “Chevron Deference”?, Phillip Rossetti

Resources for the Future

- Event: Unplugging Emissions: Exploring New EPA Rules on Climate and Health, 5/19

- Looking Back to Assess How Well Environmental Regulations Work, Arthur G. Fraas & Richard D. Morgenstern


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


- Less Bank Regulation, More Non-Bank Lending, Mary Chen et al.

The Regulatory Review

- Using Algorithms in Governance, Joe Katz & Cass Sunstein

- Modernizing Regulatory Review, K. Sabeel Rahman

- The New Vision in Biden’s New Regulatory Order, James Goodwin & Amy Sinden

Tech Policy Institute

- The Case for Not Regulating AI… Or, At Least, Not Yet, Nathaniel Lovin & Scott Wallsten


- Event: Science, Policy and Rish Forum: The Cost of Critical Habitat or Owl’s Well That Ends Well, 5/23

Washington Legal Fdn.

- Via Executive Order, Regulatory Reform Gets a Roadmap, Again, Gary Marfin & Christopher H. Marraro

- Trends in PFAS Litigation: Proposed Federal Drinking Water Regulations, Joel Eagle


- Chevron Needs a Gravestone, Not Another Exception, Isaiah McKinney

American Action Forum

- Medicaid Disenrollment After the Public Health Emergency, Jackson Hammond


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

- What to Do About American Investment in China, Derek Scissors

American Prospect

- Manchin Again?!, Harold Meyerson

- The FCC’s Enduring Split, David Dayen

Agency Rulemaking Highlights

Notable Actions

Carbon Pollution Standards for Fossil Fuel-Fired Power Plants

The Environmental Protection Agency is proposing actions to address greenhouse gas emissions from fossil fuel-fired electric generating units. The proposal would revise new source performance standards, with specific criteria for new, existing, and modified plants. The proposal would also repeal the Affordable Clean Energy Rule. A virtual public hearing will be held 21 days following publication in the Federal Register. Comments due 60 days after publication date. 

Ending Federal COVID Vaccination Requirements

Following the end of the COVID-19 public health emergency, the White House issued a proclamation revoking the COVID-19 vaccination requirement for international air travel entries to the U.S. Effective May 12.

The president also signed an executive order revoking executive orders that required vaccination against COVID-19 for federal workers and adequate COVID-19 safety protocols among federal contractors and subcontractors. Effective May 12.

Advancing Pay Equity in Governmentwide Pay Systems

The Office of Personnel Management (OPM) is proposing revisions to the criteria for making salary determinations based on salary history to advance pay equity in the General Schedule pay system, Prevailing Rate Systems, Administrative Appeals Judge pay system, and Administrative Law Judge pay system. OPM is seeking the changes after finding that setting pay based on an individual's salary history may maintain or exacerbate pay inequity a job candidate experienced in their current or previous employment. Comments due June 12.

Securing the Information and Communications Technology Supply Chain

The president extended for one year—to May 15, 2024—the national emergency declared in Executive Order 13873 with respect to securing the information and communications technology and services supply chain. The order addresses vulnerabilities that may be exploited or created by foreign adversaries through the acquisition or use of such technologies and services.


Implementing Real Estate Inspection Standards

The Department of Housing and Urban Development (HUD) issued a final rule that establishes a new approach to defining and assessing housing quality: The National Standards for the Physical Inspection of Real Estate (NSPIRE). The NSPIRE approach aims to strengthen HUD's physical condition standards and improve HUD oversight through the alignment and consolidation of the inspection regulations used to evaluate HUD housing across multiple programs. Effective July 1.

The Opinion Section

Catherine Rampell: After Breaking Itself, Congress Tries to Break the Rest of Government, Too

Clyde Wayne Crews: Congress Should Halt OMB’s Rewrite of Circular A-4 Guidance on Regulatory Cost-Benefit Analysis

John Stepek: Banning Short Selling is a Bad Idea

Jonathan M. Barnett: The Antitrust Assault on the Startup Economy

WSJ Editorial Board: SVB’s Greg Becker Tells His Story

Parmy Olson: Meta Faces a Big EU Fine, But Avoids the Body Blow

J. Peter Pham: How to Strategically De-risk the Push for Electric Vehicles

Michael E. Webber: Will Texas Blow Up Its Energy Miracle to Bolster Fossil Fuels?

Matthew Yglesias: America Needs Parking Freedom, Not Free Parking

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

If you found this information helpful, please consider a donation to the GW Regulatory Studies Center, and forward this email to your colleagues and friends.
Facebook  Twitter