Supreme Court upends Chevron Doctrine in major change for federal agencies
Supreme Court upends Chevron Doctrine in major change for federal agencies

Regulation Digest
July 3, 2024
Vol. 13, No. 27
Editor: Nate Thompson
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Marketplace of Ideas


GW Regulatory Studies
- Podcast: Cryptocurrencies and Regulation, Landon Zinda
Yale JREG
AEI
The End of Chevron Deference, Roger Pielke Jr.
AAF
Chevron’s Wake, Dan Goldbeck
Content Moderation and SCOTUS, Douglas Holtz-Eakin
American Prospect
Cato Institute
CPR
CEI
Harvard T.H. Chan
Heritage Foundation
Inst. for Policy Integrity
Manhattan Institute
NBER
- How Merger Synergies Can Harm Consumers, Paulo Ramos & Thomas G. Wollmann
Pacific Legal Foundation
Progressive Policy Inst.
Reason
The Regulatory Review
Two Neglected Effects of Loper Bright, Richard J. Pierce Jr.
Roosevelt Institute
Washington Legal Fdn.

Agency Rulemaking Highlights


Notable Actions

Anti-Money Laundering
The Financial Crimes Enforcement Network is proposing to strengthen and modernize financial institutions’ anti-money laundering and countering the financing of terrorism (AML/CFT) programs pursuant to the Anti-Money Laundering Act of 2020. The proposed rule would require financial institutions to establish, implement, and maintain risk-based AML/CFT programs with certain minimum components, including a mandatory risk assessment process, and to incorporate government-wide AML/CFT priorities into the programs. Comments due September 3.
Federal Contractor and Grantee Counterterrorism Vetting
The Department of State issued an advance notice of proposed rulemaking that would address the Department’s namecheck vetting process to mitigate the risk that U.S. government activities could inadvertently benefit terrorists. The Department would set out the requirements for including vetting provisions in its solicitations and awards for both grants and contracts. Comments due July 31.
Recapture of Interest on Excess Covid-19 Credits
The Internal Revenue Service (IRS) issued a proposed rule providing that IRS would assess as an underpayment of tax any overpayment interest paid to a taxpayer on an erroneous refund of the employment tax credits provided under the Families First Coronavirus Response Act, the Coronavirus Aid, Relief, and Economic Security Act, and the American Rescue Plan Act of 2021. Comments due August 16.
Update of FEMA Public Assistance Regulations
The Federal Emergency Management Agency (FEMA) is proposing to revise its public assistance program regulations to reflect amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The proposal also includes clarifications and corrections to improve the efficiency and consistency of the program. Comments due September 3.
Medicare Payment Rates and Shared Savings
The Centers for Medicare & Medicaid Services issued two proposed rules updating regulations related to Medicare programs. The first proposal would update the Medicare home health payment rates, amend the Home Health Quality Reporting Program requirements, set a new standard for acceptance to service policy in the home health conditions of participation. Comments due August 26.
The second addresses policies for assessing performance year 2023 financial performance of Shared Savings Program Accountable Care Organizations. Comments due July 29.
Using Brominated Vegetable Oil in Food
The Food and Drug Administration issued a final rule revoking the authorization for the use of brominated vegetable oil (BVO) in food because there is no longer a reasonable certainty of no harm from its continued use. Specifically, the final rule revokes the authorization for the use of BVO as a food ingredient intended to stabilize flavoring oils in fruit-flavored beverages, as there are no authorizations for other uses of BVO in food. Effective August 2.
The George Washington University
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