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Regulation Digest

November 30, 2022

Vol. 11, No. 47

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Notice the Comment? Chinese Government Responsiveness to Public Participation in the Policymaking Process, Steven J. Balla et al.

- Join Our Team: RSC Policy Analyst position open


- Is Your Board Prepared for New Cybersecurity Regulations?, Keri Pearlson & Chris Hetner

- The US Labor Market is Less Tight than it Appears, Rand Ghayad et al.

Heritage Foundation 

- States May Restrict Abortion Drugs, Thomas Jipping & Sarah Perry

Inst. for Policy Integrity

- Enacting the “Polluter Pays” Principle, Peter Howard & Minhong Xu

- Do Non-Damaging Earthquakes Shake Mortgage Lenders’ Risk Perception?, Minhong Xu & Yilan Xu


- How to Mitigate the Damage From China’s Unfair Trade Practices, Robert D. Atkinson

- FTX’s Implosion Should Spur Regulating Crypto Exchanges, Daniel Castro

Journal of European Public Policy

- Varieties of Enforcement Strategies Post-GDPR, Ido Sivan-Sevilla 

Manhattan Institute

- The Case for Nationalizing Entitlements, Chris Pope 

Mercatus Center

- The Human Cost of Regulations and Some Possible Solutions, Dustin Chambers  

- A Regulatory Sandbox in Ohio Can Promote Innovation and Regulatory Reform, Agnes Gambill West


- The Cost of Regulatory Compliance in the US, Francesco Trebbi & Miao Ben Zhang

Niskanen Center

- 10 Year Later, Dreamers Still Rely on DACA, Makenna Territo

- It’s High Time for FERC to Finalize its Updated Certificate Policy Statement, Jennifer Danis & Megan Gibson

Pew Trusts

- States Take Key Role in Fighting Fake Online Reviews, Elaine S. Povich

Platform Governance 

- Call for Abstracts by Dec. 18: Platform Governance Research Network Conference 2023

Prog. Policy Institute

- Platform Work and the Care Economy, Michael Mandel


- The Government's Plan to Track Truckers' Every Movement Is a Privacy Nightmare, Jared Macclain

- Next Thanksgiving, We Might Be Giving Thanks for Gov-Approved, Lab-Grown Turkey, Christian Britschgi

- Free Speech on Twitter? Not If Europe Has a Say, J.D. Tuccille

R Street

- A Module Playbook for Platform-to-Researcher Data Access, Chris Riley

- Opportunities for Advancing Good Policy in 2023 and Beyond, Jeff Vanderslice

Reg. & Governance

- Reputation Management: A Strategic-Relational Approach, Jan Boon 

Resources for the Future

- Hydrogen Hub Explorer, Yuqi Zhu et al.

- 4 Issues and Outcomes that Rose to the Top at COP27, Richard G. Newell

- Accounting for Capital Displacement in Benefit–Cost Analysis, Richard G. Newell et al.


- How Is the US Pricing Carbon? How Could We Price Carbon?, Maureen Cropper

- Spring 2023 Conference: Call for Abstracts


- The Role of Insurance in AI Regulation, Anat Lior

- Environmental Law in a Polarized Era, Michael P. Vandenbergh

- Risk-sharing is Vital for Up-scaling CCS to Combat Climate Change, Mark Trupp et al. 

- Maintaining Financial Market Stability During COVID-19 Pandemic, Lerong Lu & Sergio Cappuzzello

The Regulatory Review

- Guidance for Regulators on MQD, Will Dobbs-Allsopp et al.

- WV v. EPA is Wrong But Not a Calamity, Craig N. Oren

- SCOTUS Considers Case Against Agencies Run Amok, Jennifer Huddleston

- Reviving the Law of Networks, Platforms, and Utilities, Morgan Ricks et al.

Tech Policy Institute

- The FCC’s New Broadband Data: A First Look, Scott Wallsten & Nathaniel Lovin

- On Content Moderation and the First Amendment, Stuart Brotman et al. 

Urban Institute

- An Alternative to the Gainful Employment Rule for Higher Ed Accountability, Jason D. Delisle & Jason Cohn

- Advancing Maternal Health Equity in Southern States, Jennifer M. Haley et al. 

Washington Legal Fdn.

- FTC Action against Data-Breach Victim and its CEO Could Signal New Era of Enforcement, Gerald A. Stein et al.

- FTC Antitrust Challenge of Altria/JUUL Gets Curiouser and Curiouser, Steven Cernak


- The CFPB’s Blank Check, Adam White

- Campaign Legal Center v. DOJ — FOIA Postscript, Bernard Bell

- Building Trust in Congress, Molly E. Reynolds

- Do Agencies Have the Capacity to be Reasonable?, David E. Lewis

American Action Forum

- Big is a Bad Metric for Antitrust Reform, Jeffrey Westling

- A Thanksgiving Feast of Rulemakings, Dan Goldbeck & Dan Bosch

- Junk Science, Douglas Holtz-Eakin

- The Dept. of Education’s Final Rules on Targeted Federal Student Loan Forgiveness, Tom Lee

- Biden, Climate, and the Regulatory Burden, Douglas Holtz-Eakin


- FTC's Misbegotten Look at “Commercial Surveillance”, Jim Harper

- The Use of Evidence to Control Access and Cost of Pharmaceuticals, Kirsten Axelsen

- Lessons from the Collapse of Crypto Exchange FTX, Jim Harper


- Event: Public Forum on Assisting Parties in Federal Administrative Adjudication, 12/6

- This Month at ACUS, Kazia Nowacki

American Prospect

- Quants, Carbon, and Climate Change, Max Moran & Hannah Story Brown

- Congressmembers Tried to Stop the SEC’s Inquiry Into FTX, David Dayen

- Will Congress Shut Down Rail Worker Collective Bargaining?, Jarod Facundo

Bipartisan Policy Center

- Understanding Border Carbon Adjustments, Ben Beachy et al.

- The Bipartisan Infrastructure Law One Year Later, Sarah Kline & Owen Minott


- Why ‘Activity Centers’ are Key to Greener Commutes, DW Rowlands

C. Boyden Gray Center

- How Should the Court Respond to Legislative Impotence and Executive Overreach?, Richard J. Pierce, Jr.

- The FTC and the Roberts Court: MQD, Rulemaking, and More, Jeffrey S. Lubbers et al.

Cato Institute

- Why We Should Care About US Labor Market Regulation, Ryan Bourne

- Don’t Punish Crypto for the Sins of FTX, Jack Solowey & Jennifer J. Schulp

- On Preventive Care Coverage, Let the People Choose, Michael F. Cannon


- Executive Action vs. the Nature Crisis, Drew McConville et al. 

- Rulemaking Is Needed To Address the Harms From Commercial Surveillance, Adam Conner & Marc Jarsulic

- 16 National Monuments and Marine Sanctuaries Biden Should Create or Expand, Drew McConville et al. 


- CWA’s 50th: Nine Key Reforms for Clean Water Today, Katlyn Schmitt et al.

- How Will the Midterm Elections Affect Regulation?, Allison Stevens et al.

- How Will the Midterm Elections Affect Climate Justice?, Alice Kaswan et al. 


- This Week in Ridiculous Regulations, Ryan Young

- Somebody Better Hit the Brakes Soon in Railway Dispute, Sean Higgins

- Biden Plucks Public with Spending and Regulation, Clyde Wayne Crews

Econ. Policy Institute

- The Older Workers and Retirement Chartbook, Monique Morrissey et al.

Federalist Society

- Bipartisan Opportunities to Improve Government Accountability, Daniel Lips

- The Liberation of Civil SocietyAndrew Grossman & Alexander Lyman Reid

Free State Foundation

- FCC Should Rely on Pro-Deployment Actions to Avoid Digital Discrimination, Randolph May & Seth Cooper


- Connected Vehicles: Additional DOT Information Could Help Manage Challenges and New Rules

- SEC: Additional Guidance Needed for Assessing Staff Procedures

Agency Rulemaking Highlights

Ukraine/Russia Related Actions

Presidential Memo to the Secretary of State authorizing drawdown of additional defense materials to assist Ukraine.

Other Notable Actions

Reducing Methane Flaring and Leaks

The Bureau of Land Management (BLM) is proposing to reduce the waste of natural gas from venting, flaring, and leaks during oil and gas production activities on federal and Indian leases. Comments due January 30, 2023.

Better Traceability in Food Supply Chains

The Food and Drug Administration (FDA) issued a final rule establishing additional recordkeeping requirements for persons who manufacture, process, pack, or hold foods included on the agency’s Food Traceability List. The rule requires these entities to maintain records on the supply chain for these designated foods in order to help FDA rapidly identify recipients of foods to prevent or mitigate foodborne illness outbreaks and address adverse health consequences or death resulting from foods being adulterated or misbranded. Effective January 20, 2023.

Improving Food Balance and Choice for WIC Recipients

The Department of Agriculture (USDA) is proposing a rule to revise regulations governing the food packages provided through the Women, Infants and Children (WIC) program to align the packages with current dietary guidelines. The changes also aim to provide WIC recipients with a wider variety of foods and increase flexibility for state agencies in tailoring food packages that accommodate special dietary needs and cultural preferences, while promoting nutrition security and equity. Comments due February 21, 2023.

Making LNG Facilities Safer from Natural Hazards

The Federal Energy Regulatory Commission (FERC) proposes to revise its regulations for liquified natural gas (LNG) facilities concerning seismic hazard evaluations and seismic design criteria. The revisions clarify technical requirements and information required in applications filed with FERC to ensure the public is protected from potential impacts caused by natural hazards. Comments due January 27, 2023.

Rural Broadband Loans, Grants, and Loan Guarantees

An interim rule published March 12, 2020 by USDA amending the Rural Broadband Program is being adopted as a final rule. The rule implements statutory changes directed by the Agricultural Act of 2018 which furnishes grant assistance to reach the most underserved rural areas lacking broadband access. Effective November 30.

New PFAS Data Available 

The Environmental Protection Agency (EPA) is soliciting comments on an Initial Regulatory Flexibility Analysis and Updated Economic Analysis for its proposed reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). EPA seeks public comments on the new analyses, including underlying data and assumptions in developing its estimates. Comments due December 27.

Enhancing Surface Cyber Risk Management

The Transportation Security Administration (TSA) published an advance notice of proposed rulemaking seeking input on ways to strengthen cybersecurity and resiliency in the pipeline and rail sectors. TSA seeks input from owners/operators of pipelines or rail lines, as well as cybersecurity experts and insurers/underwriters for cybersecurity risks in these transportation sectors. Comments due January 17, 2023.

The Opinion Section

Katrina vanden Heuval: There’s an Upside to Crypto’s Collapse

Elizabeth Warren: Regulate Crypto or It’ll Take Down the Economy

Marc Jarsulic: 3 Antitrust Lessons From the Taylor Swift Ticketmaster Debacle 

Binyamin Appelbaum: Overconfident Regulators Caused the Ticketmaster Mess

Stephen Carter: Supreme Court's Percoco Case Highlights a Vague Law’s Flaws

Tim Culpan: The FCC Finally Nixed Huawei. TikTok May Yet Be Next.

Randolph May: Amidst the Turmoil, Don't Handcuff Twitter With Government Control

Maya Kornberg: To be Effective on Tech, Congress Needs a Tech Committee

Jeffrey Singer: Hey FDA, Free the Birth Control Pill!

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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