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Agency Rulemaking Highlights
Preventing the Improper Use of CHIPS Act Funding
The Department of Commerce finalized a rule implementing provisions of the CHIPS and Science Act of 2022 that prohibit program funds from being used to benefit foreign countries of concern. The prohibition aims to bolster domestic supply chains and boost U.S. production of advanced semiconductors. Effective November 24.
Water Quality Certification Improvement
The Environmental Protection Agency (EPA) issued a final rule replacing the regulatory requirements for water quality certification under the Clean Water Act. With the update, EPA intends to make the certification process more efficient and predictable. Effective November 27.
Reclassifying Major Sources to Area Sources Under CAA
EPA is proposing to add requirements for sources seeking to reclassify from major source status to area source status under the National Emission Standards for Hazardous Air Pollutants program of the Clean Air Act. Comments due November 13.
Possible Revision or Elimination of Rules
The Federal Communications Commission requests a review of and comments on its rules adopted between 2007 and 2012 to determine whether they should be updated, retained or rescinded in order to minimize significant impacts on substantial numbers of small entities. Comments due November 27.
Schools and Eligibility for Child Nutrition Programs
The U.S. Department of Agriculture (USDA) issued a final rule amending its regulations that allow schools to offer no-cost meals to all enrolled students. The rule lowers the minimum proportion of low-income student enrollment at a school to 25 percent from 40 percent, giving more schools the flexibility to participate in the program. USDA asserts the change will increase students’ access to healthy, no-cost meals and reduce the stigma of receiving nutrition-support benefits. Effective October 26.
Financial Markets & Housing
- FTC Sues Amazon, Alleging Illegal Online-Marketplace Monopoly, Wall Street Journal
- US, 17 States Sue Amazon Alleging Monopolistic Practices Led to Higher Prices, Washington Post
- FTC’s Khan Targets Private Equity ‘Roll-Up’ Tactic in Court, Washington Post
- SEC Fines Deutsche Bank Fund Unit for ESG Claims, Money Laundering Allegations, Wall Street Journal
- CFTC Rejects Bid to Launch Political Election-Betting Market, Wall Street Journal
- Crypto Companies are Looking Outside the US for Growth, Wall Street Journal
- Microsoft’s Activision Deal Clears Main Hurdle as UK Regulator Accepts Changes, Wall Street Journal
- More Companies Are Disclosing Their ESG Data, but Confusion on How Persists, Wall Street Journal
- US Judge Denies States’ Bid to Block Biden Rule on ESG, New York Times
- Biden ESG Rule Survives Challenge from 25 Red States, The Hill
- Financial Titans Ready Fight Over ‘Too-Big-to-Fail’ Threat, Bloomberg
- Canada’s Bank Watchdog Wants to Rein In Ultra-Long Mortgages, Bloomberg
- UK Regulator Tackles Bullying and Harassment in the Financial Services Sector, Wall Street Journal
Energy & Environment
- White House Directs Agencies to Account for Climate Change in Budgets, New York Times
- Feds Urged by Biden to Widen Use of "Social Cost" on Climate Change, Axios
- EPA Proposes to Tighten Pollution Rule Weakened by Trump, The Hill
- Biden is Unveiling the American Climate Corps, a Program With Echoes of the New Deal, NPR
- ‘Monster Fracks’ Are Getting Far Bigger. And Far Thirstier, New York Times
- US Energy Regulator Recommends Revising Reliability Standards for Extreme Weather, Reuters
- Court Orders Biden to Expand Offshore Oil Auction, The Hill
- Can Climate Lawsuits Against Energy Giants Succeed? Courts Could Soon Give Clues, Wall Street Journal
- Debate Over State and Federal Regulation Of Prescribed Burns Pits Biden Against Fellow Democrats, Forbes
- New California Climate Law Pulls In Private Companies, Wall Street Journal
- This Alaska Mine Would Destroy the World’s Largest Salmon Fishery, New York Times
- An Ohio Town Struggles Between Biden’s Clean Energy Agenda and Union Support, New York Times
- Court Rejects Utah’s Request to Block EPA Smog Rule, The Hill