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Regulation Digest

September 7, 2022

Vol. 11, No. 36

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies Center

- Trends in News Attention to RegulationZhoudan Xie


- ACUS Welcomes New Public Members, Fellows, Special Counsel, and Committee Chairs

American Prospect

- NLRB Joint Employer Proposal Signals Return to Obama-era Regulations, Isabella Hindley

- FTC to the Rescue?, Douglas Holtz-Eakin

- DACA Becomes Final, Dan Goldbeck & Dan Bosch

- Student Loans and the Biden Administration, So Far, Tom Lee

Bipartisan Policy Center

The Future of Cryptocurrency,

September 15

- AI Policy Across the Atlantic, September 14


What is Climate Risk and Why Does it Matter?, Sanjay Patnaik

- Benefits of a US-EU Trade Agreement, Sanjay Patnaik & David Dollar

- The Robust Business Sector Recovery Since 2020, Mitchell Barnes & Wendy Edelberg

Cato Institute

Housing Innovation Faces Many Barriers, Vanessa Brown Calder

It’s Time to Break the Myth of the Credit Card Market Duopoly, Norbert Michel

- This Labor Day, Better Policy for All American Workers, Scott Lincicome


Quitting Fossil Fuels and Reviving Rural America, Mark Haggarty & Nicole Gentile

- Wages and Employment Do Not Have To Decline To Bring Down Inflation, Justin Schweitzer

- The Child Care Sector Will Continue To Struggle Hiring Staff Unless It Creates Good Jobs, Maureen Coffey & Rose Khattar

- The Economic Realities of Child Care, Hailey Gibbs


Threats to Democracy Posed by an Unleashed Administrative State, Clyde W. Crews

- This Week in Ridiculous Regulations, Ryan Young


Revitalizing a Forgotten Treaty on Nature Protection, David Hunter et al.

Economic Policy Inst.

Tying Minimum-wage Increases to Inflation Will Lift Low-wage Workers, Dave Kamper & Sebastian Martinez Hickey

- Union Approval Hits Highest Point Since 1965, Celine McNicholas & Eve Tahmincioglu

Federalist Society

Dobbs and Potential Implications for Data Privacy, Stewart Baker et al.

- Religious Liberty Update on Congressional and Executive Branch Actions

Free State Fdn.

FCC Concludes Auction for Spectrum Licenses in the 2.5 GHz Band, Seth L. Cooper


Cybersecurity: Kick-Starting the Office of the National Cyber Director

- Human Trafficking: US Agencies' Efforts to Fight a Global Problem

Harvard School of Public Health

- Registration closes soon for Harvard’s online CE program: Benefit-Cost Analysis: Valuing Life and Health

- Valuing COVID-19 Morbidity Risk Reductions, Lisa A. Robinson et al.  

- The Benefits and Costs of US Employer COVID-19 Vaccine Mandates, Maddalena Ferranna et al.

Heritage Foundation

- Treasury’s New Foreign Tax Credit Rules Will Cause Double Taxation, Preston Brashers

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


Now Can We Stop Saying It’s Social Media That’s Polarizing America?, David Moschella

- Five Principles for Spectrum Policy, Joe Kane

Manhattan Institute

Pensions Aren’t the Answer to Your Retirement Anxiety, Allison Schrager

- Institutionalized: COVID Regulations, Geoff Shullenburger & Charles Fain Lehman

Mercatus Center

Is the FDA Finally Fixing its Food Failures?, Richard Williams

- The Economic Situation: September 2022, Bruce Yandle

- The Benefits of Mobilizing Nurse Practitioners in Kansas, Edward J. Timmons


Impact of Female Teachers on Female Students' Lifetime Well-Being, David Card et al.

- If You Build it, Will They Vaccinate?, John Brownstein et al.

- Race and Redistribution in the US, Jesper Akesson et al.

Niskanen Center

How Stingy SSI Rules Erode Work and Family Values, Will Raderman

- Uniting for Ukraine is Successful. Let’s Expand it to Venezuelans, Matthew La Corte & Gil Guerra

- Cuccinelli’s Misrepresentation of TPS Policy Change, Cecilia Esterline

Pew Charitable Trusts

Incentives for Hospitals to Provide Data to Public Health Agencies, Lilly Kan

Progressive Policy Inst.

Remembering Why We Celebrate Labor Day, Taylor Maag

Public Citizen

The TCEQ’s ‘Non-Enforcement’, José Medina

- Trickle-down Climate Risk Regulation, Anne Perrault & Gaël Giraud


Arkansans Will Vote on Marijuana Legalization. But Their Votes May Not Count, Joe Lancaster

- Food Trucks Still Struggling With Red Tape, Baylen Linnekin

- Zoning Restrictions Worsen the Housing Crisis, Christian Britschgi


Evidence Implies a Higher Social Cost of CO₂, Kevin Rennert et al.

- The Social Cost of Carbon: Reaching a New Estimate, Brian Prest et al.

- How the IRA Can Help Hydrogen Hubs Succeed, Aaron Bergman & Alan Krupnick

- Resources Radio: A New Social Cost of Carbon, Brian C. Prest & Kevin Rennert

R Street Institute

Bigger Government Isn’t the Answer to Rising Auto Insurance Rates, Marc Hyden

- Calif. Demands EVs, But Can’t Keep the Power On, Steven Greenhut

- Parsing Cybersecurity Incident and Breach Reporting Reqs, Sofia Lesmes & Mary Brooks

- As Risks to Personal Data Evolve, is the US Finding a Solution?, Brandon Pugh & Cory Simpson


A Strategy to Transform Energy From Piecemeal to Systemwide Change, Steven Fries

- The Practice(s) of Extraterritoriality, Hannah L. Buxbaum

- Environmental Economics, Regulation, and Innovation, Mads Greaker & David Popp

- High-End Securities Regulation, William W. Clayton

The Regulatory Review

Improving International Regulatory Cooperation, Marianna Karttunen & Alberto Morales

- Redesigning Automated Legal Guidance, Joshua Blank & Leigh Osofsky

- Is the SEC Moving Beyond Disclosure?, Richard DiNapoli

- Are Food Regulators Stepping up to the Plate?, Mary Moynihan et al.

- The P2P Fraud Conundrum, Andrew Kliewer

Tech Policy Institute

- The Regulatory Horizons Council and Re-Imagining Regulation, Cathryn Ross & Robert Hahn

Urban Institute

- Autonomous Vehicle Policy and Regulations, Hilary Cain et al.

- Reproductive Health Care in Carceral Facilities, Azhar Gulaid & Evelyn F. McCoy

Washington Legal Fdn.

August Month In Review


DC Circuit: All Quiet on the Admin Law Front, Hyland Hunt

American Action Forum

- NLRB Joint Employer Proposal Signals Return to Obama-era, Isabella Hindley

- FTC to the Rescue?, Douglas Holtz-Eakin

- DACA Becomes Final, Dan Goldbeck & Dan Bosch

- Student Loans and the Biden Administration, So Far, Tom Lee


- Tech Policy: Summer Recap and Fall Forecast, John P. Bailey et al.

- Has Bidenomics Been Worth the Risk?, James Pethokoukis

- IRA’s Ag Provisions: Rent-Seeking at Its Best?, Barry K. Goodwin & Vincent H. Smith

Editor's Note: Special 50%-off rate now available to Regulation Digest readers on the newly released Handbook of Regulatory Authorities! To use the offer, add the book to your basket at the publisher's website and enter GWUR50 in the discount code box (after delivery details). Offer expires October 31st.

The Handbook includes chapters by RSC's Carrigan, Dudley, Ellig, and Febrizio and others examining the fundamental concepts, theories, practices, and empirical achievements and challenges in the contemporary study of regulatory authorities. The Handbook is a valuable resource for academics, policy analysts, practitioners, and policymakers working in the regulatory field. Order today!

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.

The Opinion Section

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

In the News

OIRA Director Nomination

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

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