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Regulation Digest

May 31, 2023

Vol. 12, No. 22

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Public Interest Comment: Distributional Weights Should Be Dropped from the Draft Circular A-4, Mary Sullivan

- How Should the Supreme Court Respond to Overreach?, Richard J. Pierce, Jr.

- The Remedies for Constitutional Flaws Have Major Flaws, Richard J. Pierce, Jr.

- RSC's Dylan Desjardins Wins 2nd Place in ASPA Student Essay Contest

Cato Institute

- The Worst Possible Reason to Support New AI Regulation, Scott Lincicome

- Podcast: Can Congress Regulate AI?, Matt Mittelsteadt & Jennifer Huddleston

- Supreme Court Clarifies Murky “Waters of the United States” Definition, Jay Schweikert & Isaiah McKinney


- Why the Farm Bill May Be the Highest-Stakes Climate Fight Flying Below the Radar, Drew McConville et al.


- Supreme Court Clean Water Decision Is Political and Anti-Science, James Goodwin

- Sackett v. EPA and the Presumption Against Federal Alteration of the Status Quo, David Driesen

- Supreme Court Delivers Another Massive Blow to Federal Environmental Law, Robert L. Glicksman

- Carbon Reduction in Electricity Generation for Low-Wealth Ratepayers, Sidney A. Shapiro & Sophie Loeb


- Supreme Court Protects Property Rights from Federal Overreach in Sackett v. EPA Decision, Daren Bakst et al.

- Repealing Green Energy Subsidies Must Come Before Permitting Reform, Myron Ebell 

- Let’s Get this Huge ‘Hidden Tax’ of Regulation Out Into the Open, Clyde Wayne Crews

Federalist Society

- Examining the Biden Administration’s Proposed Changes to Cost-Benefit Analysis, Howard Beales & Paul Ray

- Event: 504 Regulations Under the Current Administration, 6/08 

- Why Three Conservative Justices Enabled California to Regulate a Nationwide Industry, Jack Fitzhenry


- To Regulate Big Corporations, Understand How They Got That Way, Sandeep Vaheesan

Inst. for Policy Integrity

- Newsletter: Updating the 20-Year-Old Manual for Rulemaking, Any (Major) Questions?, The New Climate Yardstick

- US Benefit-Cost Analysis Requires Revision, Peter Howard & Max Sarinsky


- How to Restore Limiting Principles for “Unfair Methods of Competition” in Antitrust Law, Yitzchak Besser

- Data Isn’t the New Oil; That Might Be a Good Thing, David Moschella

- Congress Must Move Beyond Permitting Reform to Speed Up Adoption of Digital Energy Solutions, Stefan Koester

- Event: Does the US Need a New AI Regulator?, 6/06 

Manhattan Institute

- A Better Way to Rein In Medicaid, Chris Pope

Mercatus Center

- If We Give Up on Congress, What Will We Lose?, Philip Wallach

Public Citizen

- Without Protections, Excessive Workplace Heat Will Injure and Kill Thousands


- Amidst Dreams of Green Energy, Regulators and Industry Warn of Summer Blackouts, J.D. Tuccille

- Blame the Feds for Your Canceled Flight This Memorial Day, Christian Britschgi

R Street

- Greening the Invisible Hand, Devin Hartman et al.

- The Elephant in the Clean Energy Room, Philip Rossetti


- US Benefit-Cost Analysis Requires Revision, Peter H. Howard et al.


- Assessing the Systemic Risks of Curation, Niklas Eder

- State Crypto Regulation: Competing Priorities Shaping Different Outcomes, John Bender

The Regulatory Review

- A New Approach to Regulatory Budgeting in Virginia, Reeve T. Bull

- The Promise and Perils of Regulating ESG, Bijan Avaz

Tech Policy Institute

- Podcast: The Oversight Board and Content Moderation, John Samples

Urban Institute

- Pursuing Housing Justice: Interventions for Impact, David C. Blount et al.

Washington Legal Fdn.

- SCOTUS Clarifies Scope of “Waters of the United States”

- 2023 PFAS Chemical Litigation: “Everything Everywhere All At Once”, Jane C. Luxton et al.

Yale JREG 

- Our Symposium on Modernizing Regulatory Review, Jack Lienke

- Circular Reasoning?, Susan Dudley

- OIRA’s Draft Guidance on EO 12866 Meetings, Jamie Conrad

AdminLaw Jotwell blog

- Confused Merger Policy at the FTC, Richard J. Pierce, Jr.

American Action Forum

- A Wild Week for the EPA, Dan Goldbeck

- Highlights of the Fiscal Responsibility Act, Gordon Gray


- Montana’s TikTok Ban Is Likely Unconstitutional and Unenforceable, Daniel Lyons

- Status of Plans to Import Prescription Drugs Purchased at Canadian Prices, James C. Capretta

American Prospect

- What’s the Refugee Endgame for Latin America?, Jarod Facundo

- The Real ‘Remain in Mexico’ Begins at the Border, Lillian Perlmutter

Bipartisan Policy Ctr.

- Making Regulation and Research Work for Small Business, Dane Stangler & Jason Wiens


- Four Principles for Reforming US Disaster Policy, Carlos Martin et al. 

- Event: Promoting Competition in Banking, 6/20

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.

Agency Rulemaking Highlights

Notable Actions

Medication Guides: Patient Medication Information

The Food and Drug Administration (FDA) is proposing to amend its prescription drug product labeling regulations for Medication Guides distributed to patients. This proposed rule would require applicants to create a new type of Medication Guide, referred to as Patient Medication Information (PMI)—a one-page document with standardized format and content that would be submitted to FDA for approval. Comments due November 27.

Energy Conservation Standards 

The Department of Energy issued final rules amending its energy conservation standards for Consumer Pool Heaters (effective July 28) and Room Air Conditioners (effective July 25).

Certification of Dispatchers and Signal Employees

The Federal Railroad Administration (FRA) is proposing to require railroads to develop programs for the certification of Dispatchers and Signal Employees and to submit those written certification programs to FRA for approval prior to implementation. The proposals would require railroads to verify and document that the employees have the requisite knowledge, skills, safety record, and abilities to safely perform all of the safety-related duties mandated by federal laws and regulations, prior to certification. Comments due July 31.

Regulation B

The Consumer Financial Protection Bureau (CFPB) is amending Regulation B to implement changes to the Equal Credit Opportunity Act made by the Dodd-Frank Act. Under the rule, covered financial institutions are required to collect and report to CFPB data on applications for credit for small businesses, including those owned by women or minorities. The final rule also addresses CFPB’s approach to privacy interests and the publication of data. Effective August 29.

Loan Guarantees for Clean Energy Projects

The Department of Energy issued an interim final rule amending the regulations implementing the Title XVII Loan Guarantee Program as expanded by the Inflation Reduction Act of 2022. Effective May 30.

Program Integrity Updates Under the Medicaid Drug Rebate Program

The Centers for Medicare & Medicaid Services is proposing to implement policies in the Medicaid Drug Rebate Program which are needed to address drug misclassification, as well as drug pricing and product data misreporting by manufacturers. Comments due July 25.

The Opinion Section

Richard J. Lazarus: The Supreme Court Just Gutted the Clean Water Act. It Could Be Devastating.

WSJ Editorial Board: Clean Water Landmark for Liberty at the Supreme Court

Kevin Cramer: How to Keep Electricity Flowing

Stacy Mitchell: The Real Reason Your Groceries are Getting So Expensive

Jim Murphy: The Supreme Court Is Crippling Environmental Protections. Where Is Congress?

Christina Montgomery: Why a Single AI Regulator Just Won’t Work

Aisha Saad: State Courts Can Curb the Climate Crisis

Washington Post Editorial Board: Congress Wants to Regulate AI. Here’s Where to Start.

Dan Eberhart: Rail Bill Would Increase Energy Costs, Bureaucracy

Adam Millsap: Zoning Reforms, Not Public Housing, Will Fix Rhode Island’s Housing Problem

Noah Feldman: Surgeon General's Social Media Warning Doesn't Make Regulation Easier

Bloomberg Editorial Board: Insuring All Bank Deposits Won’t Make Finance Safer

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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