July 2024

RSC Director and transportation policy expert Roger Nober provided perspectives on interstate commerce and federal preemption at the July 9 hearing of the U.S. House Transportation & Infrastructure Subcommittee on Railroads, Pipelines and Hazardous Materials. The hearing examined California Air Resources Board’s (CARB) In Use Locomotive Regulation and request for exemption from national rules maintained by EPA. Read full testimony >

Having completed his Master of Public Policy at the Trachtenberg School in May, RSC Research Assistant Deven Patel is moving on to an exciting new chapter as a Regulatory Analyst at the Federal Reserve Board in Washington, DC.

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Event Summaries and Videos Now Available

The Center thanks the speakers and participants in our June 5 forum, Regulation by Enforcement: Blockchain and Crypto. Review the highlights in print and video below!

Panel 1: Regulating Blockchain and Crypto Technology via Enforcement

Panelists discussed how the use of case-by-case legal actions against crypto industry stakeholders in lieu of rulemaking has resulted in a lack of clarity about which companies will face enforcement actions.

Read More > | Watch Video >

Panel 2: Regulating Blockchain and Crypto via Novel Legislation or Rulemaking

The second panel discussion delved into the current state of crypto regulation, as well as its gaps and challenges, and reflected various perspectives on recent legislative and regulatory developments.

Read More > | Watch Video >

An SEC Commissioner’s Thoughts on Regulating Blockchain and Crypto

In a wide-ranging conversation, Commissioner Peirce shared perspectives on the SEC’s relationship with the crypto industry, how the Commission might benefit from international partnerships on crypto regulation, and how the cryptocurrency markets can be more accessible to US consumers and companies.

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July 10, 2024
Commentary by Zhoudan (Zoey) Xie

Among the trends highlighted in Biden's Spring 2024 Unified Agenda compared with previous iterations was a notable uptick in actions completed, as the administration minimized risk of its rules being disapproved via the Congressional Review Act.

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July 9, 2024
Blog post by Stone Washington, PhD student

The Supreme Court’s momentous decision in SEC v. Jarkesy provides us with a rare glimpse into the murky realm of administrative adjudication. Despite there being more than 55 administrative law courts (ALCs) scattered across the sea of federal agencies, only a handful have arisen to the Supreme Court’s attention this century. The biggest repeat offender has been the Securities and Exchange Commission’s (SEC) ALC.

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July 1, 2024
Forbes column by Susan Dudley

Originally intended to keep judges in their swim lane, Chevron deference has come full circle…The Loper Bright and Relentless decision attempts to realign the roles of the three branches. It could have significant ramifications for the practice of regulation, but perhaps not as dramatic as proponents or opponents suggest.

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July 1, 2024
Op-ed by Richard Pierce for The Regulatory Review

GW Law Prof. Richard Pierce contends that the Supreme Court's 'Loper Bright' decision will reduce regulatory flip-flopping and curtail the use of 'Major Questions Doctrine' to rein in agencies.

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Susan Dudley was interviewed for a Marketplace broadcast on NPR: What the Past Can Teach Us About a Post-Chevron America (July 12, 2024). 

Roger Nober was quoted in Railway Age: Subcommittee Examines CARB’s In-Use Locomotive Regulation (July 10, 2024).

RSC data and charts were featured in a report published by JPMorgan: The Supreme Court vs the Regulatory State (July 9, 2024).

Susan Dudley was quoted in the Federal News Network: Agencies ‘Knew this Was Coming.’ What Does — and Doesn’t — Change After Supreme Court’s Chevron Ruling (July 8, 2024).

Susan Dudley was quoted in Government Executive: Will Recent Supreme Court Rulings 'Devastate the Functioning of the Federal Government?' (July 1, 2024).

Roger Nober was quoted in Politico's Transport newsletter: Around the Agencies (July 1, 2024).

Roger Nober was quoted by The Washington Post: The Supreme Court Just Clipped Federal Agencies. Congress Must Step Up (June 28, 2024).

Steven Balla was a guest on the Double Take podcast: Can US Presidents Undo Regulatory Action Taken by their Predecessors? (June 26, 2024).

Roger Nober was a panelist for a discussion on Chevron and the Future of Agency Deference at the 2024 Annual Conference of the Association of Transportation Law Professionals (June 25, 2024).

Roger Nober and Susan Dudley were quoted in The Detroit News: Trump Pledge to Reverse Biden's EV Push Won't be so Easy, Experts Say. Here's Why (June 20, 2024).

At the Gruter Institute conference, Susan Dudley presented her preliminary research on how best to regulate AI (June 13, 2024).

Roger Nober led a discussion on regulatory trends at the Executive Leadership Development Program of the American Gas Association (June 11, 2024).

Roger Nober served as a judge evaluating proposals submitted to the Eno transportation foundation (June 6, 2024).

Throughout spring 2024, Roger Nober served on the FAA-chartered SpARC rulemaking committee of industry experts formulating a safety framework for the potential commercialization of human spaceflight. 

Susan Dudley was quoted in STAT: What the Rescheduling of Marijuana Might — and Might Not — Mean for Scientific Research (May 30, 2024).

Roger Nober spoke on a panel hosted by the Federalist Society: Federal Agencies 101: How Do Agencies Resolve Disputes? (May 29, 2024).

RSC data were cited by Los Angeles Times: As the Election Nears, Biden Pushes a Slew of Rules on the Environment and Other Priorities (May 25, 2024).

RSC data were cited by ABC News: As the Election Nears, Biden Pushes a Slew of Rules on the Environment and Other Priorities (May 24, 1014).

Commentary by Zhoudan (Zoey) Xie was cited in the Washington Examiner: Biden Floods the Swamp With Record Tally of Regulations (May 17, 2024).

Steven Balla was quoted in Axios: Biden's Record Regulation Blitz (May 17, 2024).

Susan Dudley was interviewed by Law360 on a record pace of economically significant regulations: Pressure Mounts On Biden Admin To Finalize Regulations (May 16, 2024).

Listen to our podcast for insights on regulatory trends. Recent discussions have explored the Congressional Review Act, Biden's Data Security executive order, effective public engagement strategies for federal agencies, and more.