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Regulation Digest

May 3, 2023

Vol. 12, No. 18

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Event: Revising Regulatory Review: Expert Insights on the Biden Administration’s Guidelines for Regulatory Analysis, 5/9

- The Durability of Governance Reform: A Two-Wave Audit of Notice and Comment Policymaking in China, Steven Balla & Zhoudan (Zoey) Xie


- Committee on Regulation Meeting #1 (AI in Retrospective Review) 

American Prospect

- Fake Plaintiff, Fake Harm, Fake Case, David Dayen

- The Economy Is Still Doing Well, Robert Kuttner

Bipartisan Policy Center

- Task Force Co-Chairs Comment on USDA Proposed Rules, Shana Christrup

- Will CHIPS Child Care Plans Displace Children Currently Being Served?, Linda Smith et al.

- Face Recognition Technology Functional Applications and Use Cases, Gabrielle Shea


- Using Non-Market Actors as Strategic “Weapons” to Increase Firm Performance, Dylan Minor & Sanjay Patnaik

- Principles for Public Investment in Climate-Responsible Energy Innovation, Catherine Hausman

Cato Institute

- Central Bank Digital Currencies, under Any Name, Threaten Privacy and Freedom, Norbert Michel

- Electric Cars: Policy Beyond Capability?, Peter Van Doren 

- 3 Reasons Americans Should Be Concerned about the UK’s Online Safety Bill, Jennifer Huddleston 

- The Right to Financial Privacy, Nicholas Anthony


- How US Regulators Can Help Community and Regional Banks Address Climate-Related Financial Risks, Lilith Fellowes-Granda & Crystal Weise

- 4 Things Bank Regulators Can Do to Help Prevent Bank Failures, Marc Jarsulic et al.


- Has Gary Gensler Turned the SEC into a Regulatory ‘Hotel California’?, Stone Washington 

- Congress Must Examine First Republic’s Woke Financing and Risk Management Regulation, John Berlau

- Supreme Court to Hear Lawsuit Challenging Unfair ‘Chevron Doctrine’, Devin Watkins & Iain Murray

- UK Competition and Markets Authority Anti-Merger Ruling Undermines Consumer Interests, Alex Reinauer et. al 

Data Foundation

- Event: Eager for AI: A Briefing on Prioritizing Data Readiness in Government, 5/4

Federalist Society

- Event: The ESG Movement and Business Regulation: Go Woke, Go Broke? 5/11

- Event: The Evolution of HUD’s Affirmatively Furthering Fair Housing Rules: A Look at the Latest Proposed Regulation, 5/9

- Podcast: Food Safety: When Regulatory Jurisdictional Battles and Public Safety Collide

- Podcast: Analyzing the EPA’s Proposed Renewable Fuel Standard Rule 


- Bank Regulation: Preliminary Review of Agency Actions Related to March 2023 Bank Failures

- Immigration Courts: Actions Needed to Address Workforce, Performance, and Data Management Challenges 

Heritage Foundation

- Why are We Raising Homebuying Costs for Responsible Borrowers?, EJ Antoni

- Event: Saving Medicare: Now and for the Future, 5/9

Inst. for Policy Integrity

- Digging Into the Proposed Circular A-4 Update, Natasha Brunstein & Max Sarinsky

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


- Meta’s Teen Safety Features in Horizon Worlds Exemplify the Rapidly Changing Environment of the Metaverse, Juan Londoño

- Tech Panics, Generative AI, and the Need for Regulatory Caution, Patrick Grady & Daniel Castro

- US Regulators Should Support the Adoption of AI that Addresses Human Bias, Hodan Omaar

Manhattan Institute

- Podcast: The Banking Crisis and ESG Investing 

- California’s Regulatory Labyrinth Makes It Hard for Californians to Get Things Done, Judge Glock

Mercatus Center

- Four Horsemen of the Bureaucratic Apocalypse Come for AI, Alden Abbott


- The Regulatory Flexibility Act, Rob Smith

Niskanen Center

- Refugee Admissions and Visa Issuance Reached their Six and Ten-Year Highs, Respectively, Matthew La Corte & Cecilia Esterline

Public Citizen

- First Republic Failure is the Bitter Harvest of Financial Deregulation


- Biden has Added 220 Million Hours of Regulatory Paperwork Since His Inauguration, Mike Riggs 

- Biden is Pushing Federal Regulatory Powers Into Uncharted Territory, Eric Boehm 

- Supreme Court Could Rein In Administrative State With New Case, Elizabeth Nolan Brown

R Street

- Teeing-up Congressional Oversight of the Federal Energy Regulatory Commission, Devin Hartman 


- Weaknesses of Financial Market Regulation, Christian Conrad

- Public Participation and Environmental Regulation: Continuities, Changes, and Challenges, Cary Coglianese

The Regulatory Review

- Analyzing Regulatory Diffusion, Eyal Lurie Pardes

- Agile Regulation and the Future of Governance, Ayo Aladesanmi

- Coining a Regulatory Framework for Digital Assets, Elizabeth Yin et al.


- All Eyes on Chevron, Hyland Hunt

American Action Forum

- The Biden Regulators Ramp Up, Douglas Holtz-Eakin

- A Heavy-duty End to April, Dan Goldbeck

- Podcast: The Debt Limit and the Return of the Green New Deal, Douglas Holtz-Eakin & Gordon Gray


- Podcast: Why Is Congressional Oversight Important, and How Can It Be Done Well?

- Biden’s Antitrust Team Is Tossing Aside Rule of Law, Mark Jamison

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

Agency Rulemaking Highlights

Notable Actions

GHG Standards for Heavy Duty Vehicles—Phase 3

The Environmental Protection Agency (EPA) is proposing new greenhouse gas standards for heavy-duty vehicles starting model year (MY) 2028 through MY 2032, and revisions to certain standards for MY 2027 vehicles. The proposed rule would eliminate MY 2027 advanced technology incentives, initially added under the Phase 2 greenhouse gas emissions rule. EPA’s proposal would add warranty requirements for batteries and other components of zero-emission vehicles, as well as customer-facing battery health monitors for hybrid and battery electric vehicles. The proposed rule would also revise EPA’s regulations addressing preemption of state regulation of locomotives. Comments due June 16.

Methylene Chloride and Human Health

EPA issued a proposal to address the effects of methylene chloride on human health under the Toxic Substances Control Act. EPA's June 2020 Risk Evaluation and its November 2022 revised risk determination identified that the substance poses an unreasonable risk of injury to human health. The proposal would prohibit the manufacture, processing, and distribution of methylene chloride for consumer use; prohibit most of its industrial and commercial uses; require a workplace chemical protection program with exposure concentration limits and monitoring; require recordkeeping and downstream notification requirements for several uses; and establish time-limited exemptions to mitigate the impact on national security and critical infrastructure. Comments due July 3.

CWA Protections for Tribal Waters

EPA announced proposed federal baseline water quality standards for waterbodies on Indian reservations that do not have Clean Water Act standards, ensuring protections for over half a million people living on Indian reservations. If finalized, this proposal would safeguard water quality on Indian reservations until Tribes are able to adopt their own CWA standards for their water bodies. EPA estimates this proposed water quality standard will increase protections for 76,000 miles of rivers and streams and 1.9 million acres of lakes, reservoirs, and other open surface waters within Indian reservations. Comments due 90 days after publication in the Federal Register.

Emergency Fuel Waiver for E15 Sales

EPA issued an emergency fuel waiver to allow E15 gasoline — gasoline blended with 15% ethanol — to be sold during the summer driving season. Currently, in roughly two-thirds of the country, E15 cannot be sold from terminals starting on May 1 and at retail stations starting on June 1. EPA is providing relief by extending the waiver that currently applies to E10 gasoline to E15, which will enable E15 sales throughout the summer driving season in these areas, if necessary. This action only extends the 1-psi waiver to E15 in parts of the country where it already exists for E10. E15 can already be sold year-round in parts of the country that have a Reformulated Gasoline program.

Combating International Drug Trafficking

Executive Order 14097 provides additional authority to the Secretary of Defense and the Secretary of Homeland Security to order Ready Reserve members to active duty to combat international drug trafficking.

Supervision of Nonbank Financial Companies

The Financial Stability Oversight Council is proposing interpretive guidance that describes the process it “intends to take in determining whether to subject a nonbank financial company to supervision and prudential standards by the Board of Governors of the Federal Reserve System.” This interpretive guidance would revise and update the 2019 Interpretive Guidance. Comments due June 27.

Medicaid Program Access

The Centers for Medicare & Medicaid Services (CMS) proposed “a comprehensive approach to improving access to care, quality and health outcomes, and better addressing health equity issues in the Medicaid program across fee-for-service (FFS), managed care delivery systems, and in home and community-based services (HCBS) programs.” CMS also issued a proposal related to access for Medicaid and Children's Health Insurance Program (CHIP) managed care enrollees. The proposal includes provisions on standards for timely access to care, State directed payments, and quality reporting requirements, and it would create a quality rating system for the Medicaid and CHIP managed care programs. Comments for both proposals due July 3.

The Opinion Section

Jay Clayton & Gary Cohn: The Microsoft-Activision Mess Is a Blow to American Sovereignty

Frank Sorrentino: FDIC System Changes Can Restore Confidence In Banking

Steve Forbes: Latest Biden Regulation Will Cause Massive Trouble For New Homebuyers

Shannon Bond: AI-Generated Deepfakes are Moving Fast. Policymakers Can't Keep Up

Ronald Sanders: Our Accountability System is Broken. Fix It First

Ed Hammond: Rate Uncertainty and Antitrust Theory Paralyze M&A

John Authers: First Republic Deal Places a Lot of Trust in Dimon

Jessica Karl: JPMorgan CEO Jamie Dimon Jumps to Rescue First Republic's Banking Crisis

WSJ Editorial Board: The Legend of the Smartphone Bank Run

Alan Ehrenhalt: Utah’s War Against Teenage Social Media Abuse

Heba Mohiuddin: How to End Texas’s Dismantling of the Administrative State

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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