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Regulation Digest

November 2, 2022

Vol. 11, No. 44

Editor: Nate Thompson

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GW Regulatory Studies

- Regulating Without Purpose, Heidi King 

- Join Our Team: RSC Policy Analyst position open

Federalist Society

- Podcast: Is OFAC’s Sanctioning of Tornado Cash a Threat to Financial Privacy?

Free State Foundation

- What the Chief Twit Should Do Now to Avoid the Hellscape, Randolph May


- Consumer Product Safety Commission: Action Needed to Improve Preparedness

- Promising VA Tech Education Pilot Would Benefit from Better Outcome Measures

Heritage Foundation

- Big Tech’s National Security Red Herring, Michael Ellis & Kara Frederick

- “Right to Contraception” Bill Creates Problems, Doesn’t Solve Them, Edmund F. Haislmaier & Melanie Israel


- Hydrogen Hubs Scramble to Meet Deadline, Robin Gaster

- Seven Ways Nations Attain and Keep National Competitiveness, Robert D. Atkinson & Jackie Whisman

Mercatus Center

- Healthcare Openness and Access Project: Methodology, Kofi Ampaabeng & Liam Sigaud

- Give Private Currency a Chance, Timothy Effrem & Patrick Horan


- Call for Proposals: Economic Analysis of Regulation Virtual Conference Feb. 2023

- International Tax Avoidance by Multinational Firms, Gabriel Zucman

Niskanen Center

- What to Keep and What to Fix in Manchin’s Permitting Proposal, Liza Reed & Kristin Eberhard

Pew Trusts

- State Opioid Treatment Program Regulations Put Evidence-Based Care Out of Reach for Many

Progressive Policy Inst.

- NLRB Should Respect Workers’ Decisions, Will Marshall

Public Citizen

- Trickle-down Climate Risk Regulation, Anne Perrault & Gael Giraud

- Supporters of Strong Regulations Applaud Jayapal’s Stop Corporate Capture Act, Bitsy Skerry

- Why We Need a Strong EPA Chem Safety Rule, Adrian Shelley


- DHS Still Policing Disinformation, Joe Lancaster

- 'Equity' and 'Environmental Justice' Pushed Into Every Corner of the Regulatory State, Eric Boehm

R Street

- Helping Health Care Providers Become Harm Reduction Advocates, Stacey McKenna

Resources for the Future

- Matching Geographies and Job Skills in the Energy TransitionJacob Greenspon & Daniel Raimi

- How Can Hydrogen Producers Show That They Are “Clean”?, Aaron Bergman et al.


- Spring 2023 Conference: Call for Abstracts


- The Regulation of AI Trading, Alessio Azzutti et al.

The Regulatory Review

- Administrative Law in Comparative Perspective, Giacinto della Cananea et al.  

- Regulating LGBTQ+ Inclusive Boardrooms, Trevor Kirby

- Marketing Formerly Dangerous Drugs, Grace Hartnett


- Regulatory Budgets: Looking Back, Looking Forward, Adam White

- 17 States Challenge Section 209(b) of the Clean Air Act, Seth Davis

- The Time to Stop a Runaway Presidency is Before it Starts, Richard H. Pildes

- What Kind of Democracy?, Keith E. Whittington

- The Bloated and Dangerous Presidency, Carlos A. Ball

American Action Forum

- The Regulatory State of Play, Douglas Holtz-Eakin

- Another Quiet Week with Cross-cutting Rulemakings, Dan Goldbeck & Dan Bosch

- Junk Fee Follies, Douglas Holtz-Eakin


- Household Size Limitations and Housing Costs, Howard Husock

- Federal Regulators Should Approve Election Prediction Markets, John P. Bailey

American Water Works Association

- Gov. Affairs Review

Bipartisan Policy Center

- Improving and Strengthening Employer-Sponsored Insurance, Sabah Bhatnagar et al.

- Could the EU Set US AI Policy and Standards?, Elham Tabassi et al.

- Cryptocurrencies: Do We Need a New Regulatory Architecture?

Brookings Institute

How Owner-occupancy Regulations Contribute to the Housing Crisis, Anika Singh Lemar

- Debunking the Narratives about Cryptocurrency and Financial Inclusion, Tonantzin Carmona

- Social Media Companies and Common Carrier Status: a Primer, John Villasenor

- Event: Making the Business Case for Embracing Equitable Impact, 11/3

C. Boyden Gray Center

- Podcast: Regulatory Budgeting: Past and Future, Adam White et al. 

- The Administration of Antitrust: The FTC and the Rule of Law, William E. Kovacic et al. 

Cato Institute

- Are Proposals for Gas Price Relief Good Policy?, Steve G. Parsons

- The First Amendment Protects the Right to Parody the Government, Thomas A. Berry & Nicholas DeBenedetto

- Sound Financial Policy, Norbert Michel et al.

- Event: The Rise of ESG and the Future of Financial Regulation, 11/17


- How State Health Care Cost Commissions Can Advance Affordability and Equity, Nicole Rapfogel & Natasha Murphy

- The Pathway to Industrial Decarbonization, Mike Williams & Auburn Bell

- How To Make Schools Safer Without Additional Physical Security Measures, Emily Katz et al. 


- Ten Thousand Commandments 2022, Clyde Wayne Crews

- Rules and Regulations Increase 45 Percent during Biden Administration, Clyde Wayne Crews

- This Week in Ridiculous Regulations, Ryan Young

- Talking Points on Biden’s “Whole-of-Government” Regulatory Escalations, Clyde Wayne Crews

Agency Rulemaking Highlights

Student Loan Borrower Defense to Repayment

The Department of Education (ED) issued a final rule establishing new regulations for the William D. Ford Federal Direct Loan (Direct Loan) Program establishing a new federal standard and process for determining whether a borrower has a defense to repayment on a loan based on an act or omission of their school. The rule also prohibits participating schools from using contract provisions that mandate arbitration in dispute resolution processes. Additionally, the rule eliminates interest capitalization where not required by statute, changes regulations on closed school and total and permanent disability discharges, and amends Public Service Loan Forgiveness to improve the application process and clarify program definitions. Effective July 1, 2023.

Student Pell Grant Eligibility

ED amended regulations for the federal Pell Grant program, institutional eligibility, and student assistance general provisions. The change updates the Pell Grants for prison education programs to implement new statutory requirements for Pell Grant eligibility for incarcerated individuals enrolled in prison education programs. The rule also amends the Title IV revenue and non-federal education assistance funds regulations (referred to as the “90/10 Rule”), and clarifies the process for consideration of changes in ownership and control. Effective July 1, 2023.

Train Crew Size Safety Requirements

The Federal Railroad Administration (FRA) announced a public hearing and a second extension of the comment period for its proposed rulemaking that would establish minimum safety requirements for the size of train crews. Comments now due December 21.

See also: Commentary on this issue by RSC’s Heidi King, Regulating Without Purpose.

Funeral Industry Practices

The Federal Trade Commission (FTC) issued an advance notice of proposed rulemaking to consider amending the Funeral Industry Practices Rule, which defines unfair and deceptive practices in the sale of funeral goods and services and prescribes preventative requirements to protect against these practices. Comments due January 3, 2023.

The Opinion Section

Eric J. Pan: The SEC’s Rules are Getting Unreal

WSJ Editorial Board: Gary Gensler’s Bad Performance Review

Jesse Bloom: A Plea for Making Virus Research Safer

Peter Coy: This Debate from 1912 Helps Us Understand What to Do About Today’s Corporate Giants

Christian Stadler: Twitter Needs More Regulation, Not Less, for Elon Musk to Advance Free Speech And ‘Help Humanity’

Chris McClure and Rebecca Miller: Navigating the Landscape of ESG Regulations

Ike Brannon: Regulators Increase their Power Over Crypto but With Little to Show for it 

Tom Groenfeldt: New Financial Services Regs Will Require Comprehensive Action by Boards

Lewis Schiff: This Entrepreneur Turned Regulatory Lemons into Lemonade

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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