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Regulation Digest

October 5, 2022

Vol. 11, No. 40

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies Center

- Quantifying the Effects of Humane Society v. Dept. of AgricultureMark Febrizio

C. Boyden Gray Center

- Chevron and Administrative Antitrust, Redux, Justin (Gus) Hurwitz

- Antitrust Rulemaking: The FTC’s Delegation Deficit, Thomas W. Merrill

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

Cato Institute

- The SEC’s Consistent Ambiguity, Jennifer J. Schulp

- FDA Modernization Act 2.0: More Comprehensive Reform is Urgently Needed, Jeffrey A. Singer

- Subsidies to Nuclear Power in the Inflation Reduction Act, David Kemp & Peter Van Doren


- The EPA Shows It Can Do Better Regulatory Analysis. Will Biden Follow?, James Goodwin

- Biden Has Fallen Behind on Regulatory Policy. Revesz’s Confirmation Won’t Change That, James Goodwin


- Gonzales v. Google: How I Learned to Stop Worrying and Love Algorithms, Jessica Melugin

- This Week in Ridiculous Regulations, Ryan Young

- The Problems with the White House Competition Council, Clyde Wayne Crews

Federalist Society

- Chevron—Complicated, Start to Finish, Ronald A. Cass

- Sackett v. EPA: How Will SCOTUS Define "Waters of the United States?", Daren Bakst, et al. 

- Creatures of Statute: Administrative Agencies in Practice, Paul J. Ray et al.

Free State Fdn.

- NTIA's BEAD Program Needs Revisions to Succeed, Michelle P. Connolly

- Shining a Spotlight on Big Tech's Section 230 Immunity, Randolph J. May


- Oversight of Federal Greenhouse Gas Emissions Reduction Efforts

- Tracking the Funds: Specific FY2022 Provisions for EPA

- Agency Perspectives on Schedule F for Civil Service

Heritage Foundation

- Maryland Regulations Prevent Kids From Getting to School, Diana Furchtgott-Roth

- Supreme Court Preview of the 2022-2023 Term, Zack Smith et al.

Inst. for Policy Integrity

- The Real Costs of Offshore Oil and Gas Leasing, Peter Howard et al.


- The Predicted 47 Percent of Job Loss From AI Didn’t Happen, Robert D. Atkinson

- Event: Mission Critical: Accelerating Innovation at COP 27, 10/27

Manhattan Institute

- The Real Divide on Permitting Reform Is Not Democrats vs. Republicans, Jordan McGillis

- How the Government Created Racial Categories, David E. Bernstein et al.

Mercatus Center

- Americans with Rare Diseases Need a ‘Right to Try’ Too, Christina Sandefur

- Like AT&T, It’s Time to Break Up the FDA, Richard Williams


- Call for Papers: Economic Analysis of Regulation, Spring 2023

Public Citizen

- Credit Suisse Troubles Underscore Need for Continued Focus on Regulating Big Banks


- SCOTUS to Hear Two Cases About Social Media Moderation, Scott Shackford

R Street

- On Climate Change and the IRA, Philip Rossetti

Resources for the Future

- World Carbon Pricing Database, Geoffroy Dolphin

- The Evolving Role of Greenhouse Gas Emission OffsetsJoseph E. Aldy & Zachery M. Halem


- We, the Robots? Regulating AI, Simon Chesterman

- Trustworthy AI and the European Union AI Act, Johann Laux et al.

The Regulatory Review

- Can Courts Stop Hearing Processes Where the Agency Always Wins?, Daniella Cass

- Walmart Threads the Needle on Separation-of-Powers Remedies, Eli Nachmany

- Matching Dating Apps with Regulation, Elizabeth Yin et al.

- Week in Review, Tori Hawekotte et al.


- On Revesz’s Nomination to Head OIRA, Christopher J. Walker 

- Final Agency Action on Student Loan Forgiveness, Emily Bremer

- How Congress Could Respond to the New Major Questions Doctrine, Christopher J. Walker

American Action Forum 

- Crypto Developments in the Biden Administration, Thomas Wade

- Beneficial Ownership Rule Ends September with a Bang, Dan Goldbeck & Dan Bosch

- Legislating Stablecoins, Thomas Wade


- CMS’s Post-PHE Plan for Medicaid and CHIP, James C. Capretta


- Biden Appoints Four Members to the Council of ACUS, Harry M. Seidman

- This Month at ACUS, Kazia Nowacki

American Prospect

- Reclaiming the Deep State, Robert Kuttner

- The Cost of Biden’s Student Debt Cancellation, Robert Kuttner

Bipartisan Policy Center 

- Deploying a Domestic Mining Workforce with the CHIPS and Science Act, John Jacobs & Danny Broberg

- COVID-19 Relief Bolstered US Child Care Programs in Crisis, Linda Smith et al.

- The Role of Categorical Exclusions in Achieving Net-Zero by 2050


How Does Permitting for Clean Energy Infrastructure Work?, Rayan Sud & Sanjay Patnaik

New Joint Course Offering:

Regulatory Economics for Food, Health, and Environmental Risk & Safety Management

Meets via Zoom, Tuesdays & Thursdays

November 1-22

State and federal government professionals in risk management and assessment: This course is designed for you!

RSC is pleased to partner with the Joint Institute for Food Safety and Applied Nutrition at University of Maryland, the Office of Risk Analysis and Cost-Benefit within USDA, and the Society for Benefit-Cost Analysis to offer this course training professionals to conduct the types of economic analysis needed to evaluate risk management options in support of food, health, environmental, and safety regulations. Topics covered are applicable for all agencies and people who work with them. READ MORE >

Agency Rulemaking Highlights

Food Labeling & Definition of “Healthy”

FDA is proposing to update the definition for the implied nutrient content claim “healthy” to be consistent with current nutrition science and federal dietary guidelines. The proposed rule changes the requirements for when the term “healthy” can be used as an implied claim in the labeling of human food products. Comments due December 28.

Preventing Duplicate Issuance of SNAP Benefits

USDA issued an interim final rule to implement its National Accuracy Clearinghouse data system to prevent issuance of Supplemental Nutrition Assistance Program (SNAP) benefits to an individual by more than one state agency simultaneously. The rule reduces the risks of improper payments as well as improper removal of beneficiaries from the SNAP program. Effective December 2 and comments due December 2.

Framework for the Supervision of Insurance Organizations

The Federal Reserve Board shared final guidance on its new supervisory framework for insurance organizations, designed to reflect the differences between banking and insurance. The framework aims to minimize supervisory duplication, assigns resources based on an insurance organization’s risk profile, and establishes supervisory ratings that reflect requirements and expectations. Effective November 3.

Inclusive Competition Under the Packers and Stockyards Act

USDA proposed revisions to the regulations under the Packers and Stockyards Act of 1921 to prohibit discriminatory practices against market-vulnerable individuals and to identify deceptive contract terms. The proposed rule aims to promote inclusive competition and market integrity in the livestock, meats, and poultry markets. Comments due December 2.

Beneficial Ownership Reporting Requirements

The Treasury Department issued a final rule describing who must file a report, what information must be provided, and when a report is due to the Financial Crimes Enforcement Network. The rule implements Section 6403 of the Corporate Transparency Act and is intended to help combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity. Effective January 1, 2024.


Medicare Premiums, Deductibles, and

Coinsurance Amounts

HHS published notices announcing actuarial rates and premium rates for beneficiaries of Medicare Part B and Medicare Part A, and specifying the inpatient hospital deductible and the hospital and extended care services coinsurance amounts for services furnished in calendar year 2023 under Medicare Part A. Effective January 1, 2023.

Ensuring Robust Patent Rights

The United States Patent and Trademark Office requests comments on a proposal for bolstering the robustness and reliability of patents to incentivize and protect new inventions while facilitating the broader dissemination of public knowledge to promote innovation and competition. The request addresses prior art searching, support for claimed subject matter, request for continued examination practice, and restriction practice. Comments due January 3, 2023.

Permits for Taking Eagles and Eagles’ Nests

The U.S. Fish and Wildlife Service proposed revisions to regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The revisions aim to increase the efficiency and effectiveness of permitting, facilitate and improve compliance, and increase the conservation benefit for eagles. The proposal would also remove the third-party monitoring requirement from eagle incidental take permits, update permit fees, and clarify definitions. Comments due November 29.

The Opinion Section

Jonathan H. Adler: Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?

Dena Adler: ‘West Virginia v. EPA’ Will Shape, but Not Stop, Power Plant Regulation

Tom Temin: A Distinct Lack of Transparency Emerges in Federal Regulatory Activity

Roger Valdez: Want to Solve 'Housing Crisis'? Allow More Housing & Smarter Subsidies.

Wayne Winegarden: The Regulatory Threat from Payment Do-Overs and Un-Economical Reimbursements

Mayra Rodriguez Valladares: US Bank Regulators Should Require Robust Climate Change Risk Measurements and Disclosures from Banks

Jonathan Barnett: The Case Against the FTC

David Coursen: Congress Needs to Break the Continuing Pattern of Inadequate EPA Funding

Zeke Baker: The Historical Development of Southwest Florida Made Hurricane Ian Worse

Wall Street Journal Editorial Board: A Supreme Court Watershed

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Business & Technology

Transportation & Infrastructure


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