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Regulation Digest

October 19, 2022

Vol. 11, No. 42

Editor: Nate Thompson

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GW Regulatory Studies

- Regulatory Compliance Burdens: Literature Review and Synthesis, Joseph Cordes, Susan Dudley & Layvon Washington


- Policies To Hold Nonprofit Hospitals Accountable, Emily Gee & Thomas Waldrop


- Climate and Conflict: Lessons from Russia’s Ukraine War, Karen Sokol

- Building a More Energy-Resilient Future for All, Rachel Mayo


- Kroger Merger with Albertsons Would Allow More Competitive Pressure, Clyde Wayne Crews et al.

- One Year on, FDA Sodium Guidance Still Wanting, Joel Zinberg

- DOL Rule Makes “Employee” or “Freelancer” Even Harder to Determine, Sean Higgins

- This Week in Ridiculous Regulations, Ryan Young

Economic Policy Institute

- Not So Free to Contract, Lawrence Mishel

Federalist Society

- Groundhog Day at the Supreme Court: SEC v. Cochran, Gary Lawkowski

- VA’s Interim Final Rule on Abortion, Rachel N. Morrison

- Reflections on Sackett v. EPA II Oral Argument, Paige E. Gilliard

- The Latest Energy and Environmental Regulations, Daren Bakst

Free State Foundation

- The FCC Should Reject a Disparate Impact Standard, Randolph J. May & Seth L. Cooper


- Southwest Border: Challenges and Efforts Implementing New Processes for Noncitizen Families

- Overfishing Determinations Vary Across Regions


- Climate-Tech to Watch: Sustainable Aviation Fuel, Hannah Boyles

- Toward International Antitrust, Aurelien Portuese

- How to Address Political Speech on Social Media, Ashley Johnson & Daniel Castro

Journal of European Public Policy

- Varieties of Regulatory Regimes and their Effect on Citizens’ Trust in Firms, Libby Maman et al. 

Manhattan Institute

- A Biotech Bureaucratic BonanzaHenry I. Miller & John J. Cohrssen

- California Tilts at Windmills, Jonathan A. Lesser

- Why Congress Should Step in and Regulate the CDC, Randall Lutter

Mercatus Center

- The Impact of Land Use Regulation on Racial Segregation, Matthew Resseger

- The Inflation Challenge, Thomas Hoenig


- Framework for Assessing Causality of Health and Welfare Effects to Inform NAAQS Reviews


- Externalities of Policy-Induced Scrappage: The Case of Automotive Regulations, Connor R. Forsythe et al.

- Can Pollution Cause Poverty?, Claudia Persico

- Secrecy Rules and Exploratory InvestmentThomas R. Covert & Richard L. Sweeney

- ESG Confusion and Stock Returns, Florian Berg et al. 

Niskanen Center

- Federal EV Tax Credits are About to Become Scarce, Kristin Eberhard

- The Case for Updating Schedule A, Cecilia Esterline

Pew Trusts

- To Improve Fisheries and Ocean Health,Adopt Ecosystem Approach, Jean-Christophe Vandevelde & Dan Steadman

- New Education Dept. Rules Will Ease Student Loan Balance Growth, Brian Denten et al.

Progressive Policy Inst.

- Closing the Broadband Adoption Gap, Michael Mandel

Public Citizen

- Treasury Takes First Step to Evaluate Climate Crisis in Insurance Markets


- How Federal Energy Regulations Make Dishwashers Worse, Christian Britschgi

- Blame the Government for the Adderall Shortage, Joe Lancaster

- Can Legal Weed Win? Yes, but Only Through Deregulation, Jacob Sullum

R Street

- The Policy Landscape of Overdose Prevention Centers in the US, Chelsea Boyd

Resources for the Future

- How is the US Pricing Carbon?, Joseph E. Aldy et al. 

- A Net-Zero Target Compels a Backwards Induction Approach, Geoffroy Dolphin et al.

- The Plan for Evaluating Hydrogen-Hub Project Proposals, Aaron Bergman & Alan Krupnick


- Asset-Pricing Evidence of Regulatory Capture, Marc Eskildsen

- The Rise of Participative Regulation in Digital Markets, Vikas Kathuria

- From Negative to Positive Algorithm Rights, Cary Coglianese & Kat Hefter

- Sustainable Finance under Regulation, Shiyang Huang & Alexandr Kopytov

The Regulatory Review

- Reflections of an Unapologetic Safety Regulator, Robert S. Adler

- Improving Regulatory Prediction, Michael Zschokke

- Negotiating Prices with Drug Manufacturers, Trevor Kirby

- How Factory Farming Could Cause the Next COVID-19, Omar Khodor

Tech Policy Institute

- DigitalBridge CEO Marc Ganzi Discusses Future of Broadband


Urban Institute

- Reducing the Black Homeownership Gap Through Underwriting Innovations, Jung Hyun Choi et al.

- The GSEs’ Equitable Housing Finance Plans, Janneke Ratcliffe et al.

Washington Legal Fdn.

- WLF Urges FTC to Tread Carefully in New Data-Privacy Rulemaking 


- New ACUS Study on Precedential Decision Making in Agency Adjudication, Christopher J. Walker

American Action Forum

- Rules for Workers Rule the Week, Dan Goldbeck & Dan Bosch

- Glitching Out, Jackson Hammond

- Buckle Up, the Labor Market Is Going to Get Bumpy, Douglas Holtz-Eakin

- Updated: The Cost of Tax Paperwork, Dan Bosch


- Big Tech Should Pay Broadband Providers, Not Governments, Mark Jamison

- Reforms Needed to Modernize FDA's Oversight of Dietary Supplements, Scott Gottlieb

- Against Antitrust Regulation, Noah Joshua Phillips


- Biden Announces Appointment of Four New Members to ACUS Council, Harry M. Seidman

American Prospect

- Proposed Kroger-Albertsons Merger Would Create a Grocery Giant, David Dayen

- The Executive Branch Needs an Ethics Enforcement Overhaul, Andrea Beaty & Fatou Ndiaye

Bipartisan Policy Center

- Event: Blockchain and Cryptocurrencies: Regulatory Architecture, 10/24

- Industry Perspectives on Defining AI Impact Assessments, Diya Wynn et al.

- Implementing the Bipartisan Infrastructure Law At the EPA, Karen Dettmer et al. 

Brookings Institution

- Cryptomania: The Good, the Bad, and the Ugly, Eduardo Levy Yeyati & Sebastián Katz

- The Competing Priorities Facing US Crypto Regulations, Josephine Wolff

- Event: Regulating Digital Assets, 10/20

- Gauging the Impacts of Policy Proposals on Racial Equity, Xavier de Souza Briggs & Richard M. McGahey

BYU Law Future of Antitrust

- Event: Free Antitrust Conference in DC on Tech Platforms, 10/21

Cato Institute

- Restoring Financial Privacy, Norbert Michel & Jennifer J. Schulp

- Biden’s Marijuana Pardons Are Baby Steps, Jeffrey Miron

- The Zombie Robinson‐​Patman Act Doesn’t Deserve Revival, Ryan Bourne & Rachel Chiu

- DOL’s New H‑2A Final Rule Will Increase Food Inflation, David J. Bier

How the Regulatory Sandbox Works for Utah, Cato Daily Podcast

Agency Rulemaking Highlights

Lowering Prescription Drug Costs for Americans

The White House issued Executive Order 14087 directing the Secretary of Health and Human Services to consider whether to select for testing new health care payment and delivery models that would lower drug costs and promote access to innovative drug therapies for beneficiaries enrolled in the Medicare and Medicaid programs. Within 90 days, the Secretary shall submit a report on its selected models and a plan and timeline for testing them.

Affordability of Family Health Coverage

The Internal Revenue Service issued final regulations amending eligibility for the premium tax credit to provide that affordability of employer-sponsored minimum essential coverage for family members of an employee is determined based on the employee's share of the cost of covering the employee and those family members, not the cost of covering only the employee. Effective December 12.

Reconsideration of Fugitive Emissions Rule

The Environmental Protection Agency (EPA) is proposing to repeal regulatory amendments adopted in 2008 under the Clean Air Act that addressed the consideration of “fugitive” emissions of air pollutants from stationary sources when determining the applicability of certain permitting requirements under the Act. Those amendments have been stayed as a result of the reconsideration process. Comments due December 13.

Lead Emissions From Aircraft Engines

EPA is proposing to find that lead air pollution may reasonably be anticipated to endanger the public health and welfare, and to find that aircraft engine emissions of lead contribute to lead air pollution that may reasonably be anticipated to endanger public health and welfare under section 231(a) of the Clean Air Act. Comments due January 17.

Rural eConnectivity Program

The Department of Agriculture is confirming a 2021 final rule that established eligibility requirements and application process for the Rural eConnectivity Program. The action also responds to public comments that addressed the broadband speed used to determine eligibility. The final rule is confirmed as of April 27, 2021.

Determining Employer's Withdrawal Liability

The Pension Benefit Guaranty Corporation is proposing to provide interest rate assumptions that may be used by a plan actuary in determining a withdrawing employer's liability under a multiemployer plan. Comments due November 14.

SBIC Investment Diversification and Growth

The Small Business Administration (SBA) is proposing to revise the regulations for the Small Business Investment Company program to significantly reduce barriers to program participation. The proposed rule will help SBA implement the EO “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” Comments due December 19.

The Opinion Section

Nicholas Anthony: Biden’s Cryptocurrency Reports Highlight a Government Culture of Surveillance

Scott Wallsten: There’s Too Much Fiber in our Broadband Diet

Ed Bachrach & Austin Berg: The Importance of City Charters

Cate Lamb: Why Investors Now Want Companies to Disclose Plastic Pollution Risk

Rajeev Peshawaria: ESG: Will G Save Us From E and S Challenges?

Errol Schweizer: Why a Kroger/Albertsons Merger Is a Bad Idea

Randall Lutter: Why Congress Should Step in and Regulate the CDC

Marc Marie: Cosmetic Reforms in Manchin Permitting Bill aren’t Enough to Improve US Energy Woes

Michael O’Rielly: As America Approaches ‘Internet for All,’ Deep Caution for ‘Middle Mile’ Detour

Binyamin Appelbaum: It Shouldn’t Matter So Much Whether Elon Musk Buys Twitter

Alison Bateman-House: How to Make Experimental Treatment Less of a Gamble

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

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Transportation & Infrastructure

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