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Regulation Digest

October 26, 2022

Vol. 11, No. 43

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Reorganization of Economists at the FCC: The Role of Decision Rights, Control Systems, and Culture, Ellig, Leighton & McHenry 

- Join Our Team: RSC Research Associate position open


- Court Rules CFPB Funding Structure Unconstitutional, Devin Watkins & John Berlau

- Workers Should Be Able to Hear from Both Sides Before Union Votes, Sean Higgins

- This Week in Ridiculous Regulations, Ryan Young

Federalist Society

- Fourth Branch Podcast: Sackett v. Environmental Protection Agency, Damien Schiff et al.

- Watch Video: A Global Energy Crisis and the FERC, Commissioner James Danly et al.

Free State Foundation

- Congress Should Extend and Revise the Affordable Connectivity Program, Randolph J. May


- Federal Vehicle Fleets: Observations on the Transition to EVs

- Education Dept. Needs to Address Student Aid Modernization Weaknesses


- Climate Regulations Are About to Disrupt Global Shipping, Willy C. Shih

- When Climate Collaboration is Treated as an Antitrust Violation, Matteo Gasparini et al.

Heritage Foundation

- Government Micromanagement Running Economy Into Ground, Preston Brashers

Inst. for Policy Integrity

- The Role of Information in Distributed Energy Resource Deployment and Policy, Burçin Ünel & Amanda Zerbe


- Federal Agencies, Customer Satisfaction, and Digital Services, Eric Egan

- China Jumps to 11th Overall in the 2022 Global Innovation Index, Ian Clay

Manhattan Institute

- National Service for Student Loan Forgiveness?, Steve Cohen

Mercatus Center

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


- Can Social Media Rhetoric Incite Hate Incidents?, Andy Cao et al. 

- Administrative Burdens and Child Medicaid Enrollments, Iris Arbogast et al. 

Niskanen Center

- Incapacitated: How a Lack of State Capacity Doomed the US Covid Response, Brink Lindsey

- Family Tax Benefit Reform is Long Overdue, Joshua McCabe

Public Citizen

- Appeals Court Ruling Finds CFPB Funding Mechanism Unconstitutional


- Why the CFPB’s Funding Structure Is Unconstitutional, Eric Boehm

Reg. & Governance 

- Now Available: Regulation & Governance Vol. 16, Issue 4

R Street

- Policy Mechanisms to Improve Carbon Dioxide Removal, Philip Rossetti

- Is an “Energy Star Label for Cyber” the Solution to IoT Security?, Brandon Pugh

- The Truth About Alcohol Delivery and Underage Drinking, C. Jarrett Dieterle

Resources for the Future

- Electricity Affordability 101, Molly Robertson

- Getting Industry to Net-Zero, Alan Krupnick

- Getting to a Net-Zero Resilient Economy, William Pizer

- Decarbonizing the Power Sector While Maintaining Reliability and Affordability, Karen Palmer & Molly Robertson


- Precedential Decision Making in Agency Adjudication, Christopher J. Walker et al.

- Balancing Privacy and Information Sharing in the Digital Economy, Tracy Miller

- Meta’s Oversight Board: A Review and Critical Assessment, David Wong & Luciano Floridi

- No Perfect Solutions for Market Imperfections, Jeremy Kidd

The Regulatory Review

- Broadening Access to COVID-19 Drugs, Henry Kwan

- New York Clean Energy Goals Finally Show Promise, Henry Miller

- The AI Health Care Dilemma, Katie Cohen et al.

- New California Law Forces Fast Food Restaurants to Think Fast, Karis Stephen

Tech Policy Institute

Watch Aspen Forum Keynote with NTIA Administrator Alan Davidson


- Excluding the CFPB from Annual Appropriations is Bad But Constitutional, Zachary Price

- The FTC’s Recent Moves Could Cost it in the Supreme Court, Asheesh Agarwal

- Biden’s Student Debt Cancellation: The Perils of Policy Without Procedure, William Yeatman & Michael Poon

- Administrative Fidelity: Between Deference and Doubt, Tim Mullins

American Action Forum

- Students, Apply Now: AAF Regulatory Policy Internship, Spring 2023

- California’s Zero Emissions Vehicle Rule and Its Nationwide Impacts, Dan Bosch

- Noncompete Agreements: Have Employers Gone Too Far?, Isabella Hindley & Fred Ashton

- Court Decision Eclipses Quiet Rulemaking Week, Dan Goldbeck & Dan Bosch


- Section 230 Goes to the Supreme Court, Daniel Lyons

American Prospect

- Time for the EPA to Use Its Most Powerful Weapon, Steve Novick

- Conservative Judicial Ruling Threatens Functioning of Daily Life, David Dayen

- The Unlikely Origins of the Chamber-Chopra War, Vishal Shankar

Bipartisan Policy Center

- Blockchain and Cryptocurrencies: Regulatory Architecture, John Soroushian et al.

- The White House Comes to the Table on Nutrition Policy

- Spring 2023 Internships: Apply Now

Brookings Institution

- The Competing Priorities Facing US Crypto Regulations, Josephine Wolff

- Regulating Digital Assets: The Prudential Perspective, Martin J. Gruenberg et al.

Cato Institute

- US Maritime Administration’s Efforts to Derail Jones Act Waiver for LNG, Colin Grabow

- Criminalizing Work and Harming (Almost) Everyone in the Process, Scott Lincicome

- OTC Hearing Aids and Expanding Patient Access, Jeffrey A. Singer

- DoL’s Independent Contracting Proposal Endangers Both Freedom and Prosperity, Walter Olson

Agency Rulemaking Highlights

Ukraine/Russia Related Actions

Drawdown of additional resources for Ukraine under the Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961.

Other Notable Actions

Acquisition of Petroleum for the Strategic Reserve

The Department of Energy issued a final rule updating its regulations for the acquisition of petroleum for the Strategic Petroleum Reserve. The new rule removes outdated procedures for acquisition under the royalty-in-kind program, adds procedures for acquisition by exchange, and increases the Department’s flexibility in structuring acquisitions. Effective November 25.


Corrections to Provisions of Student Aid Programs

The Department of Education issued a final rule with technical corrections in its regulations for provisions relating to Borrower Defense to Repayment and Financial Responsibility, Accreditation, State Authorization, Distance Education and Innovation, Institutional Eligibility, and Student Assistance General Provisions. Corrections effective October 20.

Resource Requirements for Large Banks

The Federal Reserve and Federal Deposit Insurance Corporation issued an advance notice of proposed rulemaking (ANPRM) regarding additional resource requirements for large banks in an effort to improve financial stability and minimize risks of uninsured loss to depositors. Comments due December 23. 

Energy Labeling

The Federal Trade Commission issued an ANPRM to amend the Energy Labeling Rule with the addition of labels for several new consumer product categories, modifying label content and format, and streamlining existing requirements. Comments due December 27. 

Enhancing Transparency of Airline Service Fees

The Department of Transportation is proposing to require air carriers and ticket agents to disclose baggage fees, change fees, and cancellation fees to consumers whenever fare and schedule information is provided to consumers for flights within and from the US. The proposed rule would also clearly disclose fees for adjacent seating for those traveling with young children. Comments due December 19. 

Products With Nonprescription Use

The Food and Drug Administration is extending the comment period for the proposed rule, “Nonprescription Drug Product With an Additional Condition for Nonprescription Use,” published June 28, 2022. Comments now due November 25. 

50th Anniversary of the Clean Water Act

The Executive Office of the President issued a proclamation recognizing the 50th anniversary of the passage of the Clean Water Act (CWA) on October 18. The CWA is credited with revolutionizing the nation’s responsibility to protect and restore vital waterways that sustain our communities, economy, and ecosystems.

The Opinion Section

Roger Cochetti: Taking a Long View of Internet Content Regulation: How Did We Get Here?

Andy Kessler: Make the Metaverse a Sandbox

Arthur Levitt and Ram Ahluwalia: A New Framework for Crypto Regulation

Neal McCluskey: Biden’s Student-Debt Cancellation Refutes Itself

Zach Price: The CFPB's Funding Mechanism: Misguided But Constitutional

Ben Lieberman: Biden Regulators Are Coming for Your Furnace

Ezra Klein: The Way Los Angeles Is Trying to Solve Homelessness Is ‘Absolutely Insane’

Mitch Landrieu: 50 Years after Clean Water Act, We are Delivering on a New Clean Water Agenda

Washington Post Editorial Board: Consumers Across the Country May Pay for California’s Pork Regulations

William Anderson: Billionaire CEO Of FTX Crypto Exchange Has a Solid Solution to Sanctions

Noah Feldman: Elizabeth Warren is Right: Court’s CFPB Ruling is 100% Illogical

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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