Marketplace of Ideas
GW Regulatory Studies
Inst. for Policy Integrity
Progressive Policy Inst.
The Regulatory Review
Tech Policy Institute
American Action Forum
Free State Foundation
Agency Rulemaking Highlights
Antitrust 2023 Draft Merger Guidelines
The Department of Justice and the Federal Trade Commission jointly released for public comment draft merger guidelines for antitrust enforcement. The agencies publish merger guidelines to help the public understand how the agencies assess the potential for a merger to harm competition. Notably, the guidelines recognize that platform markets present distinct competitive considerations from the traditional market structures of the 20th century economy, as they often present high entry barriers and are likely to tip in ways that entrench dominant firms. Comments due September 18.
OIRA Releases New Public Participation and Community Engagement Guidance for Federal Agencies
The Office of Information and Regulatory Affairs (OIRA) released a guidance memorandum on July 19 for federal agencies on how agencies can better engage the public while crafting regulations. This guidance is a result of multiple listening sessions and a comment period earlier this year. OIRA encourages agencies to leverage the Unified Agenda to discuss past, current, and upcoming public participation opportunities. OIRA also recommends that agencies review internal policies on communication during the rulemaking process to promote “accessible, equitable, and meaningful” participation, particularly early in the regulatory process.
White House Secures Voluntary Commitments from Leading AI Companies to Manage Risks
The White House hosted a July 21 meeting with seven leading companies in the Artificial Intelligence (AI) space to secure voluntary commitments to manage the risks posed by AI and to protect Americans’ rights and safety. The companies pledged to: ensure AI products are safe before introducing them to the public; build systems that put security first; and earn public trust by using mechanisms such as watermarking to ensure that users know when content is AI generated. Read more at the White House’s AI Fact Sheet.
Phasedown of HFCs Allowance Allocation
The Environmental Protection Agency (EPA) issued a final rule establishing the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. Effective September 18.
Partial Filling of Prescriptions for Schedule II Controlled Substances
The Drug Enforcement Administration issued a final rule amending its regulations to conform to a statutory provision of the Controlled Substances Act which allows for the partial filling of prescriptions for schedule II controlled substances under certain conditions. Effective August 21.
Asbestos Reporting and Recordkeeping Requirements
EPA is finalizing new reporting and recordkeeping requirements for asbestos under the Toxic Substances Control Act. This rule will require groups that manufactured or processed asbestos within the past four years to electronically report certain exposure-related information. This action results in a one-time reporting requirement. EPA and other agencies will use the reported information to evaluate and manage risk. Effective August 24.
Lowering Miners’ Exposure to Silica
The Mine Safety and Health Administration will hold three public hearings for its proposal to amend existing standards to better protect miners against occupational exposure to respirable crystalline silica. The hearings will be held August 3, 10 and 21. Comments due August 28.
Improved Tracking of Workplace Injuries and Illnesses
The Occupational Safety and Health Administration (OSHA) issued a final rule amending its occupational injury and illness recordkeeping regulation to require certain employers to submit electronically injury and illness information they already report to OSHA. Effective January 1, 2024.
Guidance on Reconsiderations of Residential Real Estate Valuations
The Federal Reserve Board and a collection of financial regulatory agencies are jointly proposing guidance that would highlight risks associated with deficient residential real estate valuations and describing how financial institutions may incorporate reconsiderations of value into established risk management functions. The guidance also provides examples of policies and procedures that financial institutions may use for mitigating the risk of discrimination impacting residential real estate valuations. Comments due September 19.
Energy & Environment
- Lawsuit Says US Environmental Agency Ignores Harm of Biofuel Production, The Guardian
- Signature Biden Program Won’t Fix Racial Gap in Air Quality, Study Suggests, New York Times
- Biden Administration Proposes Rule Increasing Fees for Oil and Gas Development on Public Lands, The Hill
- ‘Massive Emissions Ramifications’: Forthcoming Hydrogen Policy Stirs Intense Debate, The Hill
- Schumer Eyes Agency to Bolster Electricity Goals Amid Permitting Reform Talks, The Hill
- States Make Permitting Push to Attract Carbon Capture Projects, Bloomberg Law
- This Little-Known Federal Regulator Could Crack Down on Fraudulent Carbon Offsets, Government Executive
- New Rule Aims to Make Outdated Home Water Heaters Cheaper and Greener, Washington Post
- After Gas Stoves, Biden Targets Dishwashers, The New American (⭐ - cites RSC analysis of dishwasher energy efficiency standards)
Health & Safety
- When is it Too Hot to Work Outside?, Wall Street Journal
- America is Failing to Protect Workers From Extreme Heat, The Atlantic
- Amid Historic US Heat Wave, Workers Have Few Protections, Axios
- The Biden Administration Proposes New Rules to Push Insurers to Boost Mental Health Coverage, Associated Press
- House Republicans' CHOICE Act Would Roll Back Some Obamacare Protections, NPR
- Utah AG Opposes Proposed HIPAA Protections for Out-of-State Abortions, Axios
- After Decades of Delays and Broken Promises, Coal Miners Hail Rule to Slow Rise of Black Lung, Associated Press
- Bipartisan Trio of Senators Propose Federal Oversight of NIL Compensation, Athlete Health Care, Associated Press