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Regulation Digest

November 16, 2022

Vol. 11, No. 46

Editor: Nate Thompson

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GW Regulatory Studies

- OIRA Wants You…To Schedule Meetings Online, Jessica Payton

- Join Our Team: RSC Policy Analyst position open


- Southwest Border: Border Patrol's Missing Migrant Program

- Disaster Recovery: Actions Needed to Improve the Federal Approach

- VA Needs to Strengthen Its Oversight of Community Care Network Providers

- DOD Cybersecurity: Enhanced Attention Needed to Ensure Cyber Incidents Are Appropriately Reported and Shared


- Has Trade with China Really Cost the US Jobs?, Scott Kennedy & Ilaria Mazzocco

Heritage Foundation

- Federal Court Blocks Biden’s Student Loan Bailout. Will the Opinion Stand?, GianCarlo Canaparo & Jack Fitzhenry

- For Biomedical Innovation, Congress Should Follow the Maxim “First, Do No Harm”


- Event: How Should the EU Approach the Metaverse?, 11/22

- Low-Carbon Process Technologies: Key Pieces of the Net-Zero Future, Ed Rightor

- The Effect of International Proposals for Monitoring Obligations on End-To-End Encryption, Kir Nuthi

- Comments to the Census Bureau on 2030 Census Preliminary Research, Gillian Diebold

Manhattan Institute 

- Burned by Crypto? Don’t Learn the Wrong Lesson, Allison Schrager

Mercatus Center

- Measuring Monetary Policy: the NGDP Gap, David Beckworth

- FDIC Should Restore the OSA, Solicit Public Views before Regressing to the SARC, Thomas Hoenig & Brian Knight


- The Economics of Carbon Accounting and Carbon Offsets, Geoffrey Heal

- Communicating Social Security Reform, Andrew Caplin et al.

- Valuing Excess Deaths Caused by Climate Change, R. Daniel Bressler & Geoffrey Heal

Niskanen Center 

- The forgotten origins of Montana’s just-cause employment law, Aaron Irion

- Failing the COVID Test: How Technocrats, Politicians, and We the People Let Us Down, Danielle Allen & Glen Wyel

- The Puzzle of COVID and State Capacity, Ed Dolan

Pew Trusts

- California's New Child Privacy Law Could Become National Standard, Caitlin Dewey

Public Citizen 

- Martin Gruenberg Nominated to Chair FDIC, Bartlett Naylor


- Washington Has Been Much More Successful than California in Displacing the Black Market for Pot, Jacob Sullum

- NIMBY Laws Are Blocking Humanity's Future Among the Stars, Christian Britschgi

- The FCC: America’s Other Space Agency, Payton Alexander

- Biden Administration to Require Federal Contractors to Report and Reduce Greenhouse Gas Emissions, Jonathan Adler

R Street 

- Changes to Texas Electricity Regulation in the Wake of Winter Storm Uri, Josiah Neeley

- Midterm Election Results Could Impact Lame Duck Session, James Wallner

- JCPA Update: The Dangerous Link Tax that Still Won’t Save Local Journalism, Josh Withrow


- Incentives for Clean Hydrogen Production in the Inflation Reduction Act, Aaron Bergman & Alan Krupnick

- EPA Introduces a New Social Cost of Carbon for Public Comment, Kevin Rennert & Brian C. Prest

- Podcast: Understanding Water and Energy in the Navajo Nation, Daniel Raimi & Andrew Curley


- Spring 2023 Conference: Call for Abstracts


- Folk Economics and the Persistence of Political Opposition to New Housing, Clayton Nall et al.

- The Misunderstood History of Textualism, Tara Leigh Grove

- ESG Disclosures in the Private Equity Industry, Jefferson Kaduvinal et al.

The Regulatory Review

- Consumer Protection on the Chopping Block?, Andrew Kliewer

- Putting the US Administrative Procedure Act in Perspective, Jeffrey Lubbers

Urban Institute 

- Defining Narrow Cost Analysis, Julia B. Isaacs et al.

- Influencers, Bias, and Equity in Rezoning Cases, Lydia Lo & Yonah Freemark 

- Event: Fiscal Policy for Today's Economy with George Callas, 11/17

Washington Legal Fdn

- In SCOTUS Amicus Briefs, Industry Supports Government Authority to Dismiss Relators’ FCA Actions, Brad Robertson & Christine Levi

- FTC Policy Statement Broadens the Scope of its Authority under Section 5 of the FTC Act, Gerald Stein

- Three Strikes But Not Out: Antitrust Enforcers Swing and Miss in Recent Merger Challenges, Luis Blanquez & Steven Cernak


- Introduction to Our Symposium on Jed Stiglitz’s “The Reasoning State”, Bridget C.E. Dooling

- Reason and Politics, Michael A. Livermore

- The Social Foundations of Presidential Dictatorship and Democracy, Blake Emerson

- The Spoils of Presidentialism for Congress and the Court, Bijal Shah

- Reining in the Presidency Requires Limiting the Scope of Federal Power, Ilya Somin

- The Necessity of Politics in Administration, Cristina Rodriguez

American Action Forum 

- A CBO Cost Estimate, Douglas Holtz-Eakin

- Return-Free Filing Is Not Free, Gordon Gray & Rohit Ramesh

- FTC Expands Interpretation of Its Authority to Challenge Unfair Methods of Competition, Fred Ashton

- Congressional Review Act in the 117th Congress, Dan Bosch


- Establishing Global Spectrum Leadership and a Modern FCC, Shane Tews & Ajit Pai

- Why Do Unions Advocate for Minimum Wage Increases?, Jeffrey Clemens & Michael R. Strain


- ACUS on Federal News Radio, Andrew Fois & Fernando Laguarda

American Prospect

- Manchin Decides to Torpedo Permitting Reform, David Dayen

- Why Is Congress Still Writing Crypto Regulations?, David Dayen

- Courts Use Increasingly Lawless Arguments to Block Student Debt Relief, David Dayen

Atlantic Council

- Crypto Regulation Tracker

Bipartisan Policy Center 

- Why Should We Reauthorize the SBA?, Jason Wiens

- Tech Policy Plans for the 118th Congress, Tom Romanoff et al. 

- Using Carbon Credits to Deploy Climate Solutions, Danny Broberg et al. 

- Impact Assessments for AI, Sean Long et al.

Brookings Institution

- Digital Asset Regulation: The State Perspective, Aaron Klein et al.

- What’s Happening at COP27?, Madiha Afzal et al.

C. Boyden Gray Center

- Antitrust Law: Where Are We, and Where Are We Going?

- The FTC’s Independence After Seila Law v. CFPB

Cato Institute 

- Private Sector Labor Regulation, Ryan Bourne & Brad Subramaniam

- 9th Edition Cato Handbook for Policymakers, David Boaz et al.

- Did Something Happen in Crypto This Week?, Jack Solowey


- Lula’s Victory an Opportunity to Renew US-Brazil Climate Cooperation, Ryan Richards et al.


- CA Gov Victory Bodes Well for Climate Policies in Other States, Dave Owen


- Checking in on CFR Statistics, Clyde Wayne Crews

- FTX Crypto Problems Reveal SEC Shortcomings, John Berlau

- The Unfairness of FTC’s Policy on Unfair Competition, Clyde Wayne Crews

- Biden Proposes New Methane Rule that Will Raise Prices, Ben Lieberman

- This Week in Ridiculous Regulations, Ryan Young

Federalist Society

- Religious Liberty Update on Congress and Executive Branch Actions, Christine Pratt

- Highlights from 2022 National Lawyers Convention

- Showcase Panel: The Regulatory Power of Bar Associations, William Adams, Jr. et al.

- Can the Biden Administration’s “Whole of Government” Approaches Survive Judicial Review?, Sean Donahue et al.

Free State Foundation 

- Absent Oversight, the Broadband Funding Faucet Likely Will Overflow, Andrew Long

Editor’s Note:

Don’t forget to tune in at 12pm Eastern on Thursday, November 17 for the public engagement session with the White House Office of Information and Regulatory Affairs (OIRA). The session will focus on Opening the Federal Regulatory Process to More Voices.’

Before you go, check out this 2019 commentary from the Regulatory Studies Center for a quick primer on engaging with the OIRA team!

OIRA Wants You…To Schedule Meetings Online

Late breaking: Senate Homeland Security and Governmental Affairs Committee votes to approve for full Senate consideration the nomination of Richard Revesz for new OIRA Administrator.

Agency Rulemaking Highlights

Supplemental Proposal to Reduce Methane from Oil and Natural Gas Operations

The Environmental Protection Agency (EPA) is proposing to update, strengthen and expand its November 2021 proposal for reducing methane emissions from new and existing oil and gas operations. This supplemental proposal also includes a new approach to estimating the social cost of carbon (SCC) for a sensitivity case in its regulatory analysis. Comments due February 13, 2023.

Outsourcing by Investment Advisers

The Securities and Exchange Commission (SEC) is proposing a new rule to require registered investment advisers to conduct due diligence prior to outsourcing functions to a service provider. The rule would further require advisers to periodically monitor the performance and reassess the retention of the service provider to reasonably determine that it is appropriate to continue to outsource those services or functions to that service provider. SEC also seeks to collect census-type information about the service providers defined in the proposed rule. Comments due December 27.

Definitions of Broker and Bona Fide Agents

The Federal Motor Carrier Safety Administration (FMCSA) issued interim guidance about its interpretation of the definitions of “broker” and “bona fide agents” as it relates to all brokers of transportation by motor vehicle. FMCSA is taking this action to better define the terms in response to a mandate in the Infrastructure Investment and Jobs Act (IIJA). Effective November 16. 

Federal Acquisition Regulation & Emissions Disclosure

The Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) are proposing to amend the Federal Acquisition Regulation (FAR) to implement a requirement to ensure certain federal contractors disclose their greenhouse gas emissions and climate-related financial risk and set science-based targets to reduce their greenhouse gas emissions. Comments due January 13, 2023. 

Inspections for Passenger-Carrier Vehicles

The FMCSA confirmed its May 1, 2017 decision to withdraw its April 27, 2016, advance notice of proposed rulemaking (ANPRM) concerning the establishment of requirements for states to implement annual inspection programs for commercial motor vehicles (CMVs) designed or used to transport passengers. Pursuant to the Infrastructure Investment and Jobs Act, FMCSA solicited additional comments on the 2016 ANPRM for 30 days, ending June 9, 2022. After reviewing the additional public comments received, FMCSA has determined there is not enough data and information available to support moving forward with a rulemaking action.

The Opinion Section

The WSJ Editorial Board: The FTX Crypto Fiasco

Brian Armstrong: Crypto Markets Need Regulation to Avoid More Washouts Like FTX, Says Coinbase CEO

Andrea Tinianow: A Path to Crypto Regulation: New Scholarship Sheds Light During Crypto Winter, Forbes

Ben Baldanza:The FAA Limits Seats On Airplanes — Seat Sizes Don’t Need Regulation

Roger Valdez: Report Affirms More Housing Means Lower Rents And Prices

The WSJ Editorial Board: Freeing EVs From the Dealer Cartel

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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