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Regulation Digest

May 24, 2023

Vol. 12, No. 21

Editor: RSC Team

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Marketplace of Ideas

GW Regulatory Studies

- Reg Stats Updated: Cumulative Economically Significant Rules (data for April 2023)

Brookings Institution

- The US government should regulate AI, Joshua Meltzer

- Recent regulatory review and analysis changes, Connor Raso

- DeFi and the Future of Finance, Brieanna Nicker

- Event: Promoting competition in banking, 6/20

Cato Institute

- One Simple Fix for the Primary Care Shortage, Jeffrey A. Singer

- Event: Five Years of EU's General Data Protection Regulation, 5/25


- Testimony on New Clean Vehicle Standards and Investments, Shannon Baker-Branstetter

- The Tortured Path of the Gainful Employment Rule, Madison Weiss


- The Biden Power Plant Rule and the Major Questions Doctrine, Daniel Farber


- EPA’s new coal rule, Marlo Lewis, Jr.

- Lowfat yogurt and halibut sharing, Ryan Young

Economic Policy Inst.

- The industrial policy revolution, Josh Bivens

Federalist Society

- Examining the Proposed Changes to Cost-Benefit Analysis, Howard Beales & Paul Ray

- HHS Proposes Special HIPAA Privacy Rules, Rachel N. Morrison

- Regulators try to solve the workplace “AI problem” before finding any problem to solve, Alexander MacDonald


- As Demand for Flights Takes Off, What Is Being Done to Reduce Cancellations And Delays

- Fraud Schemes and Indicators in SBA Pandemic Programs

Harvard Business Rev.

- Who Is Going to Regulate AI?, Blair Levin & Larry Downes

Inst. for Policy Integrity

- FERC Environmental Justice Roundtable Comments

- DC Circ. Ruling On LNG Project Won't Fix FERC Climate Split, Keith Goldbberg

Manhattan Institute

- Dr. GPT Will See You Now, Willy Chertman

Mercatus Center

- Federal Ban on Noncompete Agreements, Alden Abbott & Liya Palagashvili

- Battling Overregulation in State Courts, Reeve Bull

- Spending Growth Is the Main Driver of Federal Debt, Charles Blahous


- Cryptic Regulation of Crypto-Tokens, Joshua S. Gans

Niskanen Center

- Why we need a rule-based fiscal policy, Ed Dolan

- Students need an OPT extensionCecilia Esterline

Pew Trusts

- Improved Business Regulation Systems Can Benefit State Economies, Mark Robyn (feat. RSC research)

- Coloradans With Opioid Use Disorder Benefit From Greater Access to Treatment, Josh Wenderoff 

Public Citizen

- U.S. Government Should Reject Deepfakes in Foreign Affairs


- Biden's Experience Doesn't Mean He Can Plan an Economy, Bruce Yandle

- Don't Mix Rare Bourbon With State Power, Peter Suderman

- New Jersey's Restrictions on Public Gun Possession, Jacob Sullum

R Street

- Event: Does the US Need a New AI Regulator?, 6/6

- Philip Rossetti’s Testimony on Energy Tax Credits in the IRA, Jeff Vanderslice


- Event: Economics of Addiction, 5/25


- Environmental Regulation and Productivity Growth, Nicola Benatti, et al.

- Land Use Regulation and GHG Emissions, Paavo Monkkonen, et al.

- Going 'Global' on Big Tech Regulation, Neli Frost

The Regulatory Review

- The Green Clash Between Renewables and Conservation, Jackson Nichols

- Should USDA Regulate Lab-Grown Meat?, Victoria Hawekotte

- Is the Artificial Intelligence Act Trustworthy?, Janaina Rodrigues Valle Gomes

Tech Policy Institute

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

- The Oversight Board And Content Moderation, John Samples, et al.

Urban Institute

- Public Comment on WIC, Heather Hahn & Elaine Waxman

- Guiding the Invisible Hand, Robert A. Berenson & Robert B. Murray

Washington Legal Fdn.

- A Preemption Win In The Dietary Supplement Space, Katie Bond & Samuel A. Butler


- D.C. Circuit Review – Reviewed: Pipelines and Deadlocks, Haley Proctor

American Action Forum

- Pipeline and Coal Ash Rules, Dan Goldbeck

- FTC’s Regulation Through Consent Decree, Jeffrey Westling

- IRA: UK Case Study of Drug Pricing Limitations, Laura Hobbs


- Biden’s Team Causes the Problems He Says He Wants to Solve, Mark Jamison

- Legalizing Marijuana Is a Big Mistake, Ross Douthat

- Event Video: US Outbound Investment, Neena Shenai & Joshua P. Meltzer

American Prospect

- Elizabeth Warren at Her Everyday Best, Robert Kuttner

- How Washington Bargained Away Rural AmericaLuke Goldstein

Bipartisan Policy Center

- Growing Risk in Debt Limit X Date, Erin Meade

- Event: Terwilliger Center Summit on Housing Supply Solutions, 6/22

Agency Rulemaking Highlights

Editor's Note: Keep in mind the approaching June 6 deadline for submitting comments for the draft OMB Circular A-4: Regulatory Analysis. Use this link to submit a comment.

Comments on proposed revisions to Circular A-94 are also due the same day. Submit a comment here.

Notable Actions

Gainful Employment and Postsecondary Education

The Department of Education proposed new regulations to promote transparency, competence, stability, and effective outcomes for students in the provision of postsecondary education. The proposal seeks to improve regulatory oversight in the areas of gainful employment, financial value transparency, financial responsibility, administrative capability, certification procedures, and serving students without a high school diploma. Comments due June 20.

Disposal of Coal Combustion Residuals

The Environmental Protection Agency (EPA) proposed regulatory requirements for inactive (or legacy) coal combustion residuals (CCR) surface impoundments. EPA is also proposing groundwater monitoring, corrective action, closure, and post-closure care requirements for all CCR management units, regardless of how or when that CCR was placed, at regulated CCR facilities. Comments due July 17.

Greenhouse Gas Reporting

EPA issued a supplemental proposal to provisions in the Greenhouse Gas Reporting Rule related to a wide variety of Clean Air Act provisions. Specifically, EPA is proposing updates to reflect revised global warming potentials, requirements for reporting of greenhouse gas data from additional sectors, updates to emissions calculation methodologies, revisions to reporting requirements for verifying reported data, and amendments to confidentiality determinations for the reporting of certain data elements. Comments due July 21.

Systemic Risk Determination Assessments

The Federal Deposit Insurance Corporation (FDIC) issued a proposal that would impose special assessments to recover the loss to the Deposit Insurance Fund arising from the protection of uninsured depositors in connection with the systemic risk determination announced in March 2023 following the closures of Silicon Valley Bank and Signature Bank. FDIC is proposing an effective date of January 1, 2024, with special assessments collected beginning with the first quarterly assessment period of 2024. Comments due July 21.

Gas Pipeline Leak Detection and Repair

The Pipeline and Hazardous Materials Safety Administration is proposing amendments to implement congressional mandates to reduce methane emissions from new and existing gas transmission pipelines, distribution pipelines, and natural gas storage facilities. The amendments aim to strengthen leakage survey and patrolling requirements, performance standards for leak detection, and requirements for mitigation of emissions from blowdowns. Comments due July 17.


Vetting Surface Transportation Employees

The Transportation Security Administration (TSA) is proposing a regulation to implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 that require security vetting of certain public transportation, railroad, and some bus operators. TSA proposes to require some transportation employees to undergo a Level 2 or Level 3 security threat assessment to determine whether the applicant may pose a security threat. TSA also proposes an appeal and waiver process, as well as user fees to recover TSA’s costs for vetting. Comments due August 21.

The Opinion Section

Aram A. Gavoor: A Tale of Two AI Futures

Randolph May: Chevron's Demise Would Check the Administrative State's Expansion

Armstrong Williams: Remembering the legendary C. Boyden Gray

James Broughel: Don't give federal agencies carte blanche on regulations—make Congress vote

Clay Bolt: Under the EPA's watch, unchecked insecticides are causing another 'Silent Spring'

Mike Brown: Solutions in search of problems—USDA's unnecessary intrusion into chicken industry

Arpit Guputa and Stijn Van Nieuwerburgh: The real estate industry is at risk. Here's how to soften the blow

Danielle Allen: The next level of AI is approaching. Our democracy isn't ready

Steve Forbes: Why It's "Bad News" For Government To Regulate Artificial Intelligence

Parmy Olson: Sam Altman Isn't the Answer to Regulating Artificial Intelligence

Preston Cooper: What’s In A New Regulation Targeting For-Profit Colleges, Trade Schools

In the News

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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