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Regulation Digest

February 28, 2024
Vol. 13, No. 9
Editor: Nate Thompson
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Agency Rulemaking Highlights

Notable Actions

Methane Rule for Oil and Natural Gas Sector
The Environmental Protection Agency issued a public inspection document of a rule finalizing multiple actions to reduce air pollution emissions from the Crude Oil and Natural Gas source category. The actions include new source performance standards regulating greenhouse gas (GHG) emissions and volatile organic compounds and guidelines for state plans that would establish performance standards to limit GHG emissions from existing sources. Effective 60 days after publication in the Federal Register (scheduled for March 8).

Unlicensed Use of the 6 GHz Band
The Federal Communications Commission issued a proposed rule to explore creating a two-tiered system for very low power (VLP) unlicensed and higher power VLP devices that would require the higher power devices to operate only in locations where the potential for causing harmful interference to existing operations is insignificant. Comments due March 27 and reply comments due April 26.

Demurrage and Detention Billing Requirements
The Federal Maritime Commission issued a final rule requiring common carriers and marine terminal operators to issue minimum information on demurrage and detention invoices, outlining detention and demurrage billing practices, and setting timeframes for issuing invoices, disputing charges, and resolving disputes. Effective May 28.

Combating Auto Retail Scams
The Federal Trade Commission issued a final rule in January that would curtail certain unfair or deceptive practices by motor vehicle dealers that would have originally been effective July 30. Pending a legal challenge, the effective date has been delayed indefinitely.

Disproportionate Share Hospital Payments
The Centers for Medicare & Medicaid Services issued a final rule addressing changes to the limit on Medicaid disproportionate share hospital payments. These changes to the Social Security Act were made as a result of the Consolidated Appropriations Act in 2021. The rule seeks to provide more clarity for states and hospitals on how the limit will be calculated. Effective April 23.

Special Purpose Acquisition Companies, Shell Companies, and Projections
The Securities and Exchange Commission issued a final rule that would adopt disclosure and dissemination requirements for special purpose acquisition companies (SPAC) and de-SPAC transitions when a SPAC combines with a private operating company. The Commission also issued guidance to require certain disclosures of potential underwriters of de-SPAC transactions. Effective July 1.

The Opinion Section

Richard Pierce: Major Questions Doctrine Hands Power to Judges After Chevron

Clyde Wayne Crews: The GAO Weighs In On Regulatory Reform Options For Congress

WSJ Editorial Board: An EPA Squeeze on Fossil Fuels | EPA and its Biden Administration Critics | Big Tech Censorship Goes to the Supreme Court | Nvidia, AI and US Innovation

Jeff Luse: Climate Disclosure Laws Miss the Mark

Tim Wu: Texas is Right. The Tech Giants Need to Be Regulated

Henry I. Miller: AI Already Plays a Vital Role in Medical Imaging and is Effectively Regulated

Curtis Schube: Beneficiaries of Proposed Surety Rule Point to Strange Bedfellows

Thomas P. Vartanian: Bitcoin Bingo and the Erosion of Financial Stability

Natasha Murphy: An Urgent Opportunity to Close the Medicaid Gap

James Pethokoukis: Biden’s EV Rules “Demonstrate to Men How Little They Really Know About What They Imagine They Can Design”

Jon McGowan: To Survive Legal Challenges, SEC Must Remove Scope 3 From Sustainability Reporting Rule

In the News

Financial Markets & Housing

FTC Boosts Biden’s Fight Against Inflation, New York Times
A New ‘Holy Grail’ in the Housing Crisis: Statewide Rent Caps, New York Times
Democrats Urge Biden Administration to Block Capital One, Discover Merger, The Hill
FTC, State AGs Sue to Block Kroger-Albertsons Merger, The Hill
SEC Expected to Drag its Feet on New Wave of Crypto ETFs, Reuters

Energy & Environment

What an SEC Rule Change Says About the Climate Fight, Axios
Biden Has Just a Few Months to Lock in His Climate Legacy, Bloomberg
A Major EPA Climate Rule is Stuck in Limbo, E&E News (feat. RSC’s Susan Dudley)
Native American Tribes Gain New Authority to Stop Unwanted Hydropower Projects, Associated Press
US Regulator Drops Some Emissions Disclosure Requirements from Draft Climate Rules, Reuters
EPA Approves Year-round Sales of Higher Ethanol Blend in 8 Midwest States, Associated Press
North Carolina ‘Forever Chemical’ Plant Violates Human Rights, UN Panel Says, New York Times
EPA Takes Issue with Georgia Agency’s Approval of State Utility’s Ash Disposal Plan, The Hill

Business and Technology

Supreme Court Questions State Efforts to Regulate Social Media Content, Wall Street Journal
Florida Passes Sweeping Bill to Keep Young People Off Social Media, New York Times
What to Know About the Supreme Court Arguments on Social Media Laws, New York Times
Supreme Court to Decide if States Can Control Fate of Social Media, Washington Post
AT&T Mobile Service Outage Cuts Off Thousands Nationwide, Wall Street Journal
NIST Finalizes Cybersecurity Framework Updates, Federal News Network
Industry Groups Push Back on Cyber Incident Rules Requiring “Full Access”, Federal News Network

Artificial Intelligence

Tackling AI Bias in Employment, Axios
As Congress Lags, California Lawmakers Take on AI Regulations, NPR

Health & Safety

Lead-Tainted Applesauce Sailed Through Gaps in Food-Safety System, New York Times
Power of US Agencies is Challenged in Case About Gun Accessory, New York Times
FDA Uses New Powers to Remove Pepaxto Cancer Drug from US Market, Bloomberg
Ex-Trump Officials Plot Out Sweeping Abortion Restrictions for Return to Office, The Hill
Biden Administration 'Ghost Gun' Rule Did Not Consider Exceptions, Judge Rules, Reuters

Transportation & Infrastructure

Apple Kills its Electric Car Project, New York Times
Boeing’s Safety Culture Faulted by FAA in New Report, New York Times
The ‘Greenest’ Car in America Might Surprise You, Washington Post
Biden is Boosting Cybersecurity at US Ports, Where Online Attacks Can Be More Ravaging than Storms, Washington Post
Mayorkas Pushes Baseline Cyber Regulations Following Critical Infrastructure Hacks, Axios

Education

Half of College Grads are Working Jobs That Don’t Use Their Degrees, Wall Street Journal

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Marketplace of Ideas

Agency Rulemaking Highlights

Notable Actions