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Regulation Digest

September 28, 2022

Vol. 11, No. 39

Editor: Nate Thompson

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GW Regulatory Studies Center

- What Confirmation Hearings Might Reveal About Regulation, Heidi King


- Does Biden's Student Debt Forgiveness Achieve His Stated Goals?, Adam Looney

- Why Climate Policy Scenarios are Important, Roshen Fernando et al.

- Pivoting from Global Climate Laggard to Leader, Barry G. Rabe

C. Boyden Gray Center

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

Cato Institute

- The Myth of American Income Inequality, John F. Early

- Event: New Challenges to the Free Economy, 10/6 


- Offshore Wind Can Lower Energy Prices, Sam Hananel

- Preventing the Next Jackson-Like Water Crisis, Marquisha Johns & Nicole Rapfogel 


- The Manchin Bill Will Not Reform Permitting Process, Myron Ebell

- Unleashing America’s Energy Abundance, Mario Loyola

- This Week in Ridiculous Regulations, Ryan Young 


- Cost-Benefit Analysis and Deep Uncertainty, Daniel Farber

- Congress Must Protect Workers from Extreme Heat, M. Isabelle Chaudry & Sidney A. Shapiro

Economic Policy Inst.

- 60% of Low-wage Workers Still Don’t Have Access to Paid Sick Days, Elise Gould

Federalist Society

- "Digital Discrimination" Under the IRA, Diana Eisner et al.

- In Sackett v. EPA, Apply a Reasonable Standard to Regulation, Stephen Davis

- Revitalizing the Nondelegation Doctrine, Paul James Larkin

Free State Fdn.

- Expanding Cracks Threaten the Privacy Preemption Legislative Compromise, Andrew Long

-  Shining a Spotlight On Big Tech's Section 230 Immunity, Randolph May


- TSA Should Clarify Compliance Program Guidance

- Medicare Telehealth: Actions Needed to Strengthen Oversight

Heritage Foundation

- Here Are the Factors That Affect Gas Prices, Derrick Morgan

- Illicit Drugs and Their Discontents, Paul Larkin

- Will SCOTUS Clarify Which Waters Are Regulated Under the Clean Water Act?, Damien Schiff & Daren Bakst


- Cutting Red Tape From Procurement Processes Will Accelerate IT Modernization, Eric Egan

- Hydrogen Hubs Selection: Developing an Effective Process, Robin Gaster

- That NAICS Code Does Not Mean What You Think It Means, Julie Carlson

- Permitting Reform Is Innovation Policy, Stefan Koester

Manhattan Institute

- How to Fight Housing Price Inflation, Michael Hendrix

- Homelessness Isn’t Just a ‘Blue’ Problem, Stephen Eide

- Yes, New York’s Bail Reform Has Increased Crime, Charles Fain Lehman

Niskanen Center

- All of the Above Climate Policy, Kristin Eberhard

Pew Trusts

- The Next Step in Building the Future of Broadband, Kathryn de Wit


- America’s Clean Energy Transition Requires Permitting Reform, Paul Bledsoe & Elan Sykes

Public Citizen

- Manchin’s Dirty Fossil Fuel Permitting Legislation a Bad Deal for Communities


- DC's Preschool Teacher Education Requirement Won't Help Working Families, Emma Camp

- ED Asked for Public Comments on Sex Discrimination. It Got an Earful About Trans Athletes Instead, Emma Camp

- More States Poised To Ease Marijuana Laws After Election Day, J.D. Tuccille

- LA Times Investigates California's Marijuana Legalization Disaster, Scott Shackford

- Law Firm Files Lawsuit To Stop Biden's Student Loan Forgiveness, Robby Soave

Resources for the Future

- Global Climate Policy Partnership: Decarbonizing Manufacturing, Keigo Akimoto et al.

- State-Level Planning for Decarbonization, Maya Domeshek et al.

- Mapping Vulnerability to the Energy Transition, Daniel Raimi et al.

R Street

- Tech Firms Take First Step Toward Self-Regulation on Trust & Safety, David Morar

- Contending for Democracy on Social Media and Beyond, Chris Riley

- Climate Relief Can’t Wait for Utopia, Philip Rossetti


- Cybersecurity, Cloud and Critical Infrastructure, Johan David Michels & Ian Walden

- Looking for Ideology in Discourse about Big Tech Regulation, Jodi L. Short et al.

- Consequences of State-Level Regulations in Accounting, Finance, and Corporate Governance, Ahmed Al-Hadi & Ahsan Habib

- Can Common Carrier Principles Control Internet Platform Dominance?, James B. Speta

The Regulatory Review

- Reining in Repeat Offenders–the 2022 Distinguished Regulation Lecture at Penn Law, Rohit Chopra

- Another Round of Speculation about Chevron?, Evan Zoldan

- Regulating to Increase K-12 Student Achievement, Caroline Hackley et al.

- Justice Department Aims to Bust Ghost Guns, Daniella Cass

Urban Institute

- Regulations to Respond to the Potential Benefits and Perils of Self-Driving Cars, Yonah Freemark et al. 

- Understanding Land-Use Reforms and Processes for Racial Equity, Eleanor Noble 


- Administrative Law SSRN Reading List, Christopher J. Walker 

American Action Forum

- Finding Cost Savings for Pilots and School Lunches, Dan Goldbeck & Dan Bosch

- 340B in the Headlines, Douglas Holtz-Eakin

- Rules for FTC Rules, Douglas Holtz-Eakin

- The FTC and Magnuson-Moss Rulemaking, Dan Bosch


- On Texas Social Media Law, It’s the Fifth Circuit Versus the First Amendment, Daniel Lyons

- US Senators Want the US to Imitate Europe’s Tech Policies, Mark Jamison

- Census Data Paints an Inaccurate Picture of Inequality in America, Robert Doar 

American Prospect

- The Reinvestment Movement vs. the Bankers, Robert Kuttner

- How Policy Got Done in 2022, David Dayen

- The Problem With Emission Reduction Models, Hannah Story Brown & Dorothy Slater

Bipartisan Policy Center

- Report of the Smarter, Cleaner, Faster Infrastructure Task Force 

- Solutions to Improve Administration of the CTC and EITC, John Koskinen​​​​​​​ et al.

Editor's Note: Watch live at 10:15 a.m. ET Thursday, September 29, as the Senate Homeland Security and Government Affairs Committee holds its confirmation hearing on Biden’s nominee for OIRA Administrator, Richard Revesz.

In an especially timely and insightful perspective informed by her previous post as former Chief Economist of the House Energy and Commerce Committee, RSC Research Professor Heidi King shares guidance on what to look for in a confirmation hearing on Capitol Hill.

ICYMI: Bipartisan group of six former OIRA Administrators (including Susan Dudley) sign letter supporting speedy consideration of this important nomination.

Agency Rulemaking Highlights

Ukraine/Russia Related Actions

Additional defense resources were directed to Ukraine.

COVID-19 Related Actions

FDA issued Guidance on Covid-19 Test Availability and CMS published a final rule on its Temporary Increase in FMAP for the Covid-19 Health Emergency.

Other Notable Actions

Institutional Review Boards and Human Subjects

The FDA is proposing to amend its regulations to enhance the current system for oversight of FDA-regulated human subject research. The proposed rule would harmonize FDA's regulations on human subject protection and institutional review boards (IRBs) in accordance with the 21st Century Cures Act. Another FDA proposed rule would update its requirements for FDA-regulated cooperative research. Comments due November 28.

Apprenticeship Programs, Labor Standards for Registration

The Department of Labor (DOL) and Employment and Training Administration issued a final rule to rescind its 2020 regulation that established a process under which the Department's Office of Apprenticeship Administrator was authorized to grant recognition to qualified third-party entities and to evaluate and extend recognition to Industry-Recognized Apprenticeship Programs (IRAPs). Effective November 25.

Train Crew Size Safety Requirements

The Federal Railroad Administration (FRA) extended the comment period for its proposed rule that would establish safe minimum requirements for the size of train crews, depending on the type of operation. Comments now due December 2.

Unique Electronic Identification of Commercial Motor Vehicles

The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on whether the agency should amend safety regulations to require every commercial motor vehicle operating in interstate commerce to be equipped with electronic ID technology capable of wirelessly communicating a unique ID number when queried by a federal or state motor carrier safety enforcement personnel. Comments due November 22.

Vacating Asylum Application Regulations

The U.S. Citizenship and Immigration Services (USCIS) published a final rule implementing a vacatur that was issued by a federal district court in February 2022. The vacatur removes regulatory text governing asylum applications, interviews, and eligibility for employment authorization and an employment authorization document (EAD) based on a pending asylum application. Effective February 7, 2022.

Changes to the International Aviation Safety Assessment Program

The Federal Aviation Administration (FAA) issued a rule clarifying the International Aviation Safety Assessment (IASA) program to enhance engagement with civil aviation authorities through pre- and post-IASA assessment and to promote greater transparency. The policy changes aim to better mitigate international civil aviation safety risks and improve effectiveness and efficiency in executing the IASA process. Effective September 28.

Clean Hydrogen Production Standard

The DOE Office of Energy Efficiency and Renewable Energy announced and requested public comment on its draft guidance on the Clean Hydrogen Production Standard. The guidance establishes a target for the lifecycle emissions intensity of hydrogen production as required by the Infrastructure Investment and Jobs Act. Comments due October 20.

The Opinion Section

Eugene Volokh: Two Commentaries on the Fifth Circuit's Texas Social Media Law Decision

Jonathan H. Adler: Does the DC Bar Ethics Complaint Against Jeff Clark Implicate the Major Questions Doctrine?

Bruce Schneier: The Uber Hack Exposes More than Failed Data Security

Theodore J. Kury: As Hurricane Ian Nears, Florida’s Grid Should Benefit from Lessons of the Past

Rep. Stephanie Bice (R-Okla.): Administration’s Energy Policy: Ineptitude in the Short, Inaction in the Long

David M. Ozgo: Flavored Cigar Ban is Extreme Overreach by Biden’s FDA

George Tyler: The Republican Court's Contempt for Working Class Americans Matches its Disdain for Abortion

David Balto: Time to Rein in the Drug-Industry Middlemen Exploiting Patients

Washington Post Editorial Board: The Supreme Court Should Tread Carefully on Internet Speech

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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