CRA Action, Benefit-Cost Analysis, and Regulatory Uncertainty
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Regulation Digest
May 5, 2021
Vol. 10, No. 17
Editor: Bryce Chinault

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Marketplace of Ideas
GW Regulatory Studies Center
- Federal Forecasters Conference, May 6
- ABA AdLaw Spring CLE Conference, May 7
- EPA's Environmental Appeals Board, May 11

Reason
- The FDA...Will Make Smokers Smoke More, Veronique de Rugy

R Street Institute
- Teleheath, Fraud and Complexity, Courtney Joslin
- Alcohol Licensing Caps, Jarrett Dieterle
- Reciprocating US climate promises?, Philip Rossetti

RFF
- Can the US Reach New Climate Goals?, Lauren Dunlap

SSRN
- Interest-Group Theories of Regulation, Cass Sunstein
- Sovereign Digital Currencies, Ross Buckley, et al.
- Regulating Virtual Currency Payment Systems, Sijuade Animashaun
- High Tech Monopolies, Robert Lande

The Regulatory Review
- Decentralization in Financial Markets, Kristin Johnson
- The Trading Game, Jennifer Schulp
- FinCEN: Chief Innovation Agency, Michael Nonaka

Urban Institute
- Child & Adult Care Food Program, Gina Adams & Fernando Hernandez-Lepe
- Evidence-Based Policymaking, Martha Fedorowicz & Laudan Aron

Yale Journal on Reg.
- Jeff Bezos—A Long List of Superlatives While Coloring Within the Lines, Richard Pierce

American Action Forum
- Return of Net Neutrality, Jennifer Huddleston

AEI
- Improve housing affordability, Podcast
- FCC’s economic analyses, Mark Jamison
- FTC to investigate racial outcomes of AI, Jim Harper

American Prospect
- Financial Speculation, David Dayen

Brookings Institution
- Notice & comment in the developing world, Markus Taussig & Edmund Malesky
- EU’s new AI regulation, Mark MacCarthy & Ken Propp
- Biden admin on antitrust & Big Tech, Podcast

Cato Institute
- Entrepreneurs and Regulations, Chris Edwards

CAP
- Biden Is Fulfilling Conservation Promises, Jenny Rowland-Shea

CPR
- Biden and the Environment, Dan Farber

CEI
- UBI and the Custodial Admin. State, Wayne Crews
- FERC Office of Public Participation, Ben Lieberman

Federalist Society
- Transparency & Regulatory Quality, Richard Belzer
- Stifling Cryptocurrency, Curt Levey
- Big Tech & Antitrust, Podcast

Inst. for Policy Integrity
- NY PSC on Gas Planning Procedures, Justin Gundlach

ITIF
- 5G Open Radio Access Networks, Doug Brake

Mercatus Center
- Antitrust Action Against Tech, Tracy Miller
- Occ. Licensing Harms Vulnerable Populations, Matthew Mitchell
- Digital Platforms: Antitrust or Regulation?, Don Boudreaux & Alden Abbott

Niskanen Center
- The Case for Carbon Border Adjustments, May 6

Various Sources
- Inclusionary Zoning and Housing Market Outcomes, Emily Hamilton
Agency Rulemaking Highlights
COVID-19 Related Actions

ED: Innovation and Research - COVID-19 and Equity
CMS: Medicare Regulatory Revisions
Other Notable Actions

Tip Rule Delay
The Wage & Hour Division issued a delay of an effective date for the Dept. of Labor's December 2020 final rule on reporting tipped wages. DOL is expected to complete a separate rulemaking to withdraw and amend portions of the rule.

Cross-State Air Pollution Rule
The Environmental Protection Agency issued a final rule in response to a D.C. Circuit case on "good neighbor" obligations for the 2008 ozone National Ambient Air Quality Standards. Effective June 29.
- See also: Case Study of the National Ambient Air Quality Standards

DOT Regulatory Review
The Dept. of Transportation issued a review of existing regulations to determine if they are consistent with Executive Orders 13990 and 13992. Comments due June 4.

REAL ID
The Dept. of Homeland Security issued an interim final rule delaying the date for card-based enforcement of REAL ID regulations from October 1, 2021 to May 3, 2023. Comments due July 2.

Advancing Equity
The Office of Management & Budget issued a request for information on how agencies can identify "effective methods for assessing whether agency policies and actions equitably serve all eligible individuals and communities." Comments due July 6.

FDA Drug Review Timeline Revocation
The Food & Drug Administration issued a withdrawal of a January 15 Statement of Policy regarding the timeline for its review of drug product applications.

Fentanyl-Related Substances in Schedule I
The Drug Enforcement Administration issued a final rule permanently placing four fentanyl-related substances under Schedule I in a continuation of a February 2018 temporary scheduling order. Effective May 4.
- See also: Extending Pandemic Flexibilities for Opioid Use Disorder Treatment
The Opinion Section
Jonathan Adler: Democrats Learn to Love the Congressional Review Act
Adam Thierer: A Global Clash of Visions: The Future of AI Policy
Matthew Adler & Alex Raskolnikov: Biden's Regulatory Changes Should Consider Who Benefits from Cost-Benefit Analysis
Eli Lehrer: Biden’s Menthol Ban Is Bad Policy
WaPo Editorial: The FDA Can Save 8 Million Lives with This One Big Step
Robert Graboyes: Healthcare Prices: When Transparency Means Trouble
David Michaels: America’s Workplaces Are Still Too Dangerous
Greg Bensinger: Stopping the Manipulation Machines
Tala Al Jabri: Regulators Look Set to Be the Year's Biggest Tech Disruptors
Enrique Dans: Around the World, Governments Are Readying to Regulate Big Tech
Vanda Felbab-Brown & Catherine Semcer: Conservation is Key to Pandemic Prevention
Christopher Barnard: We Can't Let Nuclear Die
Glenn Lammi: CMS Should Offer Immediate Reimbursement Coverage To FDA-Approved Breakthrough Devices
Doug Brake: Biden’s Broadband Boondoggle
In the News
Congress & Regulatory Reform
  • Congress Must Move Fast If It Wants to Undo Trump’s Regulations, Washington Post
Financial Markets & Housing
  • Banks Were Allowed to Give People More Access to Savings in the Pandemic, New York Times
  • Yellen to Appoint Senior Fed Official to Run Top Bank Regulator, Wall Street Journal
  • SEC to Move ‘Promptly’ on ESG Rulemaking in 2021, Official Says, Bloomberg
  • Ripple case seen as precedent for cryptocurrency regulation, Roll Call
Energy & Environment
  • Senate Votes to Reverse Trump-Era Loosening of Methane Emission Rules, Wall Street Journal
  • US agencies 'moving with remarkable speed' on energy, climate, S&P Global
  • EPA Proposes Rules to Curb Coolant Emissions From Air Conditioners and Refrigerators, Wall Street Journal
  • E.P.A. to Sharply Limit Powerful Greenhouse Gases, New York Times
  • U.S. Push for Carbon-Neutral Ships Expected to Reveal Industry Divisions, Wall Street Journal
  • Gone Fission: Controversial nuke plant near NYC shuts down, Associated Press
  • Michigan Wants to Close Oil Pipeline Under the Great Lakes. Canada Says No., Wall Street Journal
  • We Basically Already Know How to Meet Biden’s Climate Targets, Bloomberg
Health & Safety
  • Indians turn to black market, unproven drugs as virus surges, Associated Press
  • Pork Plants Face Slower Hog Slaughter After Court Ruling, Wall Street Journal
  • Biden Administration Seeks Ban on Menthol Cigarettes, Wall Street Journal
Business
  • Biden Blocks Trump-Era Gig-Worker Rule, Wall Street Journal
  • What Is the Facebook Oversight Board?, New York Times
  • Trump Facebook ban remains but oversight board rips company policies, Reuters
  • What Business Thinks of Biden’s Plans on Infrastructure, Taxes, Wall Street Journal
  • Apple’s App Store Draws E.U. Antitrust Charge, New York Times
  • Boeing’s Latest 737 MAX Problem Spurs FAA Audit, Wall Street Journal
  • Uber, Lyft have a California playbook to fight proposed U.S. rules on workers, Reuters
Technology
  • Internet Privacy Legislation Dies in Florida, Wall Street Journal
  • Government, industry push bitcoin regulation to fight ransomware scourge, Reuters
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