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Regulation Digest

October 12, 2022

Vol. 11, No. 41

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Joint Course Offering: Regulatory Economics for Food, Health, and Environmental Risk & Safety Management, 11/1-11/22.

Cato Institute

- Good Stablecoin Legislation is Worth Waiting For, Nicholas Anthony et al.

- Biden Makes an Encouraging Announcement on Marijuana, Jeffrey A. Singer

- Event: Cato Institute Policy Perspectives 2022, 10/25


- What to Know About Inflation and the IRA, Rose Khattar & Tymoni Correa-Buntley

- CFTC Should Mitigate Fraud in Carbon Offsets Market, Alex Fredman & Todd Phillips


- California Agency Strengthens Decarbonization Plan, Catalina Gonzalez

- After WV v. EPA, How Can We Protect Public Health?, Brian Gumm

- To Build Climate Resilience, We Need to ‘Start Living with Water’, Allison Stevens


- EU Regulators Make Innovation Disappear, Alex Reinauer

- A One-Pager on an “Abuse-of-Crisis Prevention Act”, Clyde Wayne Crews

Federalist Society

- Digital Discrimination, Michael Saperstein


- GSA Should Leverage Lessons Learned from New Sale and Transfer Process

- Hispanic Workers Are Underrepresented in the Media

Inst. for Policy Integrity

- The Climate Costs of BOEM’s Offshore Leasing Plan Are Severe, Laura Figueroa & Minhong Xu


- The Midterm Outlook for Energy Innovation Policy, David M. Hart & Stefan Koester

- The Supreme Court May Take Out One of the Pillars of the Modern Internet, Ashley Johnson

- Event: Decarbonizing Chemical Production: Innovation Strategies, 10/13

Manhattan Institute

- Regulating the CDC’s Public Health Recommendations, Nic Abouchedid

- CDC’s Covid-19 Communication Failures, Randall Lutter

Mercatus Center

- We Really Need To ‘Have a Conversation’ About AI, Adam Thierer


- Evidence from Airports on the Effects of Infrastructure Privatization, Sabrina T. Howell et al.

- Designing Markets to Measure and Price Externalities, Derek Lemoine

Niskanen Center

- Census Poverty Numbers May Underestimate Pandemic UI Impact by Half, Will Raderman

Pew Trusts

- States Prepare for Revenue Drop from EVs, Josh Goodman

Progressive Policy Inst.

- Autonomous Schools Can Help Solve the Teacher Shortage, Tressa Pankovits

- World Patenting has Quadrupled Since WTO TRIPs Agreement, Ed Gresser


- No, State Legislators Can't Ban Interstate Abortion Travel, Damon Root

- What Biden's Weed Plan Really Means, Elizabeth Nolan Brown

- FDA's Perverse Plan To Ban Menthol Cigarettes and Cap Nicotine Levels, Jason Sullum

- NY Wind Project Drops Federal Funding To Avoid Federal Permitting Headaches, Eric Boehm

R Street

- Don’t Stifle US Tech Innovation with Europe’s Rules, Josh Withrow

- Challenges in the Connected Space Race, Jonathan Cannon

Resources for the Future

- The Financial Incidence and Health Effects of the IRA, Nicholas Roy et al.

- International Trade, World Carbon Pricing Database, and More, Matt Fleck & Elizabeth Wason


- Crypto Exchanges as Regulators?, Yesha Yadav

- A New Framework for Regulating Facial Recognition, Jason Schultz

- Deplatforming and the Control of Misinformation: Evidence from Parler, Saharsh Agarwal et al. 

- European AI Regulation, Oskar Josef Gstrein

The Regulatory Review

- Boosting Rail Competition, Daniel Elliott, III

- Auditor Highlights Trump Administration’s Deregulatory Failure, Axel Sarkissian

- The Political Underpinnings of U.S. Foreign Investment Policy, Olivia Rosenzweig

- Mitigating Algorithmic Harms, Anilya Krishnan et al.

Tech Policy Institute

- As Regulators Investigate Big Tech, Has the Antitrust Consensus Disintegrated?

Urban Institute

- Family Unification: Self-Sufficiency Demonstration Evaluation, Claudia D. Solari et al.

- Which Municipalities are Adding Residential Units?, Yonah Freemark

Washington Legal Fdn.

- Justices To Review Firm's Bid To Shield Client Tax Comms, Theresa Schliep


Are Rules Effective Before Publication?, Jack M. Beermann

American Action Forum 

- Hospital Closures, Jackson Hammond

- Screening Outbound Investment, Douglas Holtz-Eakin

- Outbound Investment Screening Proposals Should Be Narrow and Targeted, Tori Smith

- FCC’s Rejection of Starlink’s Bid and Impact on Connecting Unserved Americans, Joshua Levine


- A Peek into the Digital Platforms and American Life, Daniel Lyons

American Prospect 

- Returning to Fairness, Alvaro M. Bedoya

- Supreme Court May Curb State Economic Regulatory Powers, Lee Harris

- How Banks Are Defending Their Right to Discriminate, Max Moran

Bipartisan Policy Center 

- A Three-point Proposal for Bipartisan Action on Affordable Housing, Ron Terwilliger

- Immigration Backlogs and Congressional Funding, Marisol Hernandez

- Current Privacy Actions Across States, Congress and Executive Branch, Jeremy Pesner

Brookings Institute

- Biden’s Cannabis Pardons: A Long Overdue Reassessment of the War on Drugs, John Hudak

- Robo-advice: An Effective Tool to Reduce Inequalities?, Francesco D’Acunto & Alberto Rossi

C. Boyden Gray Center

- Event: The Administration of Antitrust: The FTC and the Rule of Law, 10/14

Agency Rulemaking Highlights

Ukraine/Russia Related Actions

Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961

Other Notable Actions

Reclassifying Contractors Under FLSA

The Department of Labor is proposing to modify its regulations addressing whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). The proposed rule would rescind the 2021 Independent Contractor rule and replace it with detailed regulations addressing the multifactor economic reality test that guides the inquiry into a worker’s status as an employee or independent contractor. Comments due November 28.

Pardoning Marijuana Possession

President Biden issued a proclamation granting “a full, complete, and unconditional pardon” to U.S. citizens and lawful permanent residents who committed the offense of simple possession of marijuana. The pardon applies to both individuals who have been convicted of simple possession of marijuana and individuals who committed this offense but have not necessarily been charged with or prosecuted for it.

Emission Standards for Hazardous Air Pollutants

The Environmental Protection Agency issued a final rule amending “the national emission standards for hazardous air pollutants (NESHAP) at major sources from new and existing industrial, commercial, and institutional (ICI) boilers and process heaters.” The rule includes revisions to several emission standards consistent with a previous court opinion and provides further explanation on related issues. Effective December 5.

Flight Attendant Rest Period

The Federal Aviation Administration finalized a rule to “increase the minimum rest period for flight attendants in domestic, flag, and supplemental operations who are scheduled for a duty period of 14 hours or less.” The rule will ensure that the flight attendants “are given a scheduled rest period of at least 10 consecutive hours and that the rest period is not reduced under any circumstances.” Effective November 14.

Temporary Agricultural Employment of H-2A Workers

The Department of Labor (DOL) finalized a rule amending "the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status" and the enforcement of applicable contracts. The rule revises "the minimum standards and conditions of employment that employers must offer to workers" and expands enforcement tools available to DOL, among other changes. Effective November 14.

Organic Standards and Production

The Department of Agriculture (USDA) is extending the comment period by 30 calendar days for its proposed rule amending organic livestock and poultry production requirements. Comments now due November 10. USDA is also extending the comment period of an advance notice of proposed rulemaking related to its regulations on inert ingredients in pesticides used in organic production. Comments now due December 31.

Targeting and Eliminating Unlawful Text Messages

The Federal Communications Commission is proposing “to require mobile wireless providers to block texts, at the network level, that purport to be from invalid, unallocated, or unused numbers, and numbers on a Do-Not-Originate (DNO) list.” The commission is seeking comment on the extent of the problem with texts from spoofed numbers. Comments due November 10.

The Opinion Section

Wall Street Journal Editorial Board: Biden Goes After Gig Workers

Erik Sherman: You Can’t Understand the Job Market if You Don’t Get Self-Employment

Chris Horner: Transparency for Thee, but Not for the SEC

Carolyn Kousky: Ian Was a Warning to Make Flood Insurance Accessible to All

Elise Bean: The Best Way to Protect Infrastructure Spending from Waste and Fraud Is to Set Up an Oversight Body—Right Now

Washington Post Editorial Board: How to Fix America’s Broken Child-care Industry

Lewis Koski: What Can Other Regulated Markets Learn From Cannabis?

Heather Korbulic: How States Can Drive Down Uninsured Rates

Wall Street Journal Editorial Board: California Tries to Regulate 50 States

Bloomberg Editorial Board: UK Pension Fund Scare is a Teachable Moment for Global Financial Regulators

Anjani Trivedi: China is Setting the Rules for Driverless Cars

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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