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Agency Rulemaking Highlights

COVID-19 Related Actions

Commercial Vehicles and Continued COVID Relief

With the pandemic emergency declaration extended to October 15, the Federal Motor Carrier Safety Administration seeks public comment concerning the extent to which motor carriers currently rely on the emergency declaration to deliver certain commodities and whether there has been any impact on safety. Comments due September 21. 

Other Notable Actions



Joint-Employer Status

The National Labor Relations Board proposed to “rescind and replace the final rule entitled ‘Joint Employer Status Under the National Labor Relations Act,’ which was published on February 26, 2020 and took effect on April 27, 2020.” The proposed rule would “revise the standard for determining whether two employers…are joint employers of particular employees within the meaning of section 2(3) of the Act.” Comments due November 7 and reply comments due November 21.

Streamlining Medicaid, CHIP Processes

The Centers for Medicare & Medicaid Services issued a proposed rule to “simplify the processes for eligible individuals to enroll and retain eligibility in Medicaid, the Children's Health Insurance Program (CHIP), and the Basic Health Program.” Comments due November 7.

Beryllium and Worker Health and Safety

The Department of Energy proposed to amend its worker safety and health program regulation related to beryllium and beryllium compounds. The proposed rule is to ensure “accuracy and consistency with DOE's Chronic Beryllium Disease Prevention Program regulation” and to “clarify that DOE did not intend to adopt the 2016 American Conference of Governmental Industrial Hygienists threshold limit value.” Comments due October 3.

Contractors & Union Solicitations at GSA Sites

The General Services Administration published a final rule clarifying that activities related to worker organizing and collective bargaining among contractors' employees working in federal government facilities are not covered or restricted by the general prohibition on soliciting, posting and distributing materials in or on GSA-controlled property. The rule is effective September 2.

Small Refineries Getting More Time on RIN, RFS Obligations

The Environmental Protection Agency is finalizing an optional alternative renewable identification number (RIN) retirement schedule for small refineries under the Renewable Fuel Standard (RFS) program for the 2020 compliance year. Small refineries that elect to use the alternative RIN retirement schedule will have to fully comply with their 2020 RFS obligations by February 1, 2024. The rule is effective on September 2. 

Bolstering Oversight of Private Fund Investment Advisors 

The Commodity Futures Trading Commission and Securities and Exchange Commission are proposing to amend a confidential reporting form (Form PF) to enhance the Financial Stability Oversight Council's ability to monitor systemic risk as well as bolster the SEC's regulatory oversight of private fund advisers and investor protection efforts. Comments due October 11. 

PFOA and PFOS as Hazardous Substances

The Environmental Protection Agency is proposing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Such a designation would ultimately facilitate cleanup of contaminated sites and reduce human exposure to these “forever” chemicals. Comments due November 7.

Jonathan H. Adler: The Biden Administration Finally Taps a Regulatory Czar

Alfredo Ortiz: Biden’s Student Loan Bailout Treats Hard-working Americans as Chumps on Labor Day

Agnes Gambill West: Regulation Debate Misses the Point of Crypto

Thomas Black: Air Travel Is Awful. Transparency Can Improve It.

Ryan Bourne: The DC Child-care Ruling is a Disaster for Young Families

John Tamny: Prices Regulate Activity. Let’s Empower Insurance Companies To Save Young Lives

Kris Krane: Should Marijuana Legalization Include Interstate Commerce?

Gus Alexiou: Soundly’s Hearing Aid Marketplace In Pole Position To Take Advantage Of New FDA Rules

Marc DeGirolami: Traditionalism Rising, Part I: Defining Traditionalism and Locating It in the Court's 2021 Term

Ilya Somin: Does Anyone Have Standing to Bring a Lawsuit Against Biden's Student Loan Debt Cancellation Policy?

Bloomberg Editorial Board: California's Fast Recovery Act Will Hurt Fast Food Workers

OIRA Director Nomination

• Environmental Lawyer Tapped to Lead White House Regulatory Office, Wall Street Journal
• Biden to Nominate Environmental Law Expert to Lead Powerful Regulations Office, The Hill
• NYU Climate Lawyer Picked to Lead Biden’s Regulations Office, Bloomberg Law
• Biden Names His Pick to Lead the White House Regulatory Office, Government Executive

Governance & Politics

• NLRB Proposes New Joint Employer Standard, Law 360
• Cardona’s Title IX Rule Draws More than 349K Comments, Politico
• No Longer Young, ‘Dreamers’ Uneasily Watch a Legal Challenge, AP News
• The Biden Administration Moves to Make Unions More Accessible to Federal Contractors, Government Executive
• Biden Has a $369B Climate Plan — and New Advisers to Get the Program Running, NPR/WBUR
• Zombie Programs Lurch Toward Half a Trillion Dollars, Federal News Network
• The Office of the National Cyber Director Makes 17 New Appointments, Federal News Network
• Who Benefits from America’s Enormously Complex Broadband Infrastructure Plans?, The Hill

Financial Markets & Housing

• Commercial-Property Funds for Small Investors Face Tougher Regulation, Wall Street Journal
• Bitcoin, Ethereum Regulation Likely To Wind Up Mainly Under CFTC, Forbes
• From JPMorgan to Credit Suisse, Bankers Face More Complex Rules, Bloomberg

Energy & Environment

• 17 States Weigh Adopting California’s Electric Car Mandate, AP News
• Hawaii Closes Its Last Coal-Fired Power Plant, New York Times
• Biden, Remaking Climate Team, Picks John Podesta to Guide Spending, New York Times
• A Solar Firm Plans to Build Off-Grid Neighborhoods in California, New York Times
• How ESG-Linked Loans Help to Hold Firms Accountable, The Washington Post
• Mazda Launches CX-60 SUV With A Plug-In Hybrid, As California Endorses The Concept, Forbes
• Who Gets Osage Oil Money? A List From US Raises New Questions. Bloomberg
• Biden Flies Solo with ‘Made-in-America’ Climate Legislation, Reuters

Health & Safety

• Coronavirus Roundup: Updated Boosters Will Be Available Soon, Government Executive
• The Fight to Keep a Little-known Bacteria Out of Powdered Baby Formula, The Washington Post
• Three Big Health Stories to Follow this Fall, The Washington Post
• New Gun Laws Take Effect After Supreme Court Struck Down New York’s Last Attempt, Forbes
• CVS to Buy Home Health-care Provider Signify for $8 Billion, AP News
• Judge Temporarily Blocks Gun Control Regulations in Colorado, AP News

Business & Technology

• Meta Fined $400 Million for Treatment of Children’s Data on Instagram, New York Times
• California Governor Signs Bill to Regulate Fast-Food Industry, New York Times
• The Final Days of New York’s ‘Wild West’ Outdoor Dining Scene, New York Times
• Congress is Running Out of Time for its Sweeping Tech Agenda, The Washington Post
• Microsoft’s Regulator-appeasing Claims About Game Pass Ring Hollow, The Washington Post
• Fashion Firms Look to Single-Fiber Clothes as EU Recycling Regulations Loom, Wall Street Journal
• FTC Appeals Judge's Dismissal of Suit Against Illumina Deal, Wall Street Journal
• Tech Antitrust Bill Teeters Near Defeat After Lobbying Spree, Bloomberg