George Washington University Regulatory Studies Center

In this issue: CFPB proposes to regulate paycheck advances as loans. 6 federal workforce bills to watch this fall. DOT proposal would require airlines to provide family seating at no upcharge.
https://t.e2ma.net/webview/4iuedib/acdeef6feffc853c10fe71f1cd960f6b

The Congressional Review Act is putting pieces of Biden's regulatory agenda at risk of recall in early 2025. But Democrats are confident they’ve played better defense this time.

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RSC Visiting Scholar and former FTC economist Mary Sullivan argues that to avoid legal challenges of its "Junk Fees" rule, the Commission should focus on harmful fees used in short-term lodging and live-event ticketing.
https://regulatorystudies.columbian.gwu.edu/ftcs-forthcoming-junk-fee-rule-could-be-candidate-congressional-review-act

In this issue: Google antitrust fight isn’t over. Regulatory Studies Center launches a new CRA Window Exploratory Dashboard. FCC proposes disclosure rule for AI-generated political ads.
https://t.e2ma.net/webview/4urocib/a7e5ce2ba2a9f4e7531563a0127ba53b

Justice Neil Gorsuch has co-authored a new book on the US legal code and regulations, "Over Ruled: The Human Toll of Too Much Law." It's certain to be an influential work on , and the Regulatory Studies Center has the special distinction of our statistical research being cited in several sections!

America Has Too Many Laws An excess of restrictions has taken a very real toll on the lives of everyday Americans. Their stories must be told.

Professor Steven Balla spoke with The Lever for an in-depth look at the Congressional Review Act and how it may be used to roll back Biden-era regulations

Vance Backed Attempts To Gut Dozens of Biden Rules The vice presidential pick attempted to kill a slate of government protections under an obscure federal law — hinting at the GOP’s corporate vision for the next presidency.

In this issue: Interagency guidance issued for reconsidering residential real estate valuations. CFPB proposes interpretation on when Truth in Lending reqs are triggered for paycheck advance products.
https://t.e2ma.net/webview/89l1bib/960cd69d02c59ebf7a1735754d639bd5

In this issue: EPA proposes to update emission standards for hazardous waste combustors. FCC seeks comments on Internet of Things labeling program. Judge declines to block FTC’s Noncompete Ban as lawsuits play out.
https://t.e2ma.net/webview/8xkobib/459dc60eca60d0c9d30540a9065a92e9

Will we see a chilling effect on new regulations, post-Chevron? Susan Dudley expects agencies will emphasize their case for statutory authority in making new rules, and focus less on novel interpretations

Agencies ‘knew this was coming.’ What does — and doesn’t — change after Supreme Court’s Chevron ruling Agencies are likely to see an uptick in legal challenges to their regulations — especially those that impact the environment and health care.

Assessing Biden's Spring 2024 Unified Agenda, Zoey Xie points to a notable uptick in actions completed, as the administration minimized risk of its rules being disapproved via the Congressional Review Act. Read the full commentary for more on what's driving the trends in regulatory activity
https://regulatorystudies.columbian.gwu.edu/bidens-spring-2024-unified-agenda

In this issue: Biden Administration releases Spring 2024 Unified Agenda. Federal judge blocks FTC non-compete rule. IRS issues final rule for Reporting Requirements for Digital Asset Transactions. Plus, regulation news and commentary for the week.
https://t.e2ma.net/webview/goy69hb/dbead567f1dabfdd06d8180180660fc7

Railway Age reports out on July 9 hearing on CARB In Use Locomotive regulation from the House Transportation subcommittee. It was refreshing to see a hearing packed with policy and well-reasoned exchange!

Subcommittee Examines CARB’s In-Use Locomotive Regulation - Railway Age Four witnesses on July 10 discussed the California Air Resource's Board’s (CARB) request for authorization for a state-based regulation at a hearing of the Subcommittee on Railroads, Pipelines and Hazardous Materials.

A hearing on Capitol Hill today will examine a California plan to regulate locomotives: Will federal preemption continue to provide uniformity in interstate commerce? RSC Director Roger Nober will testify at House Transportation subcommittee -- Watch live, 2PM Eastern

An Examination of the California Air Resources Board’s (CARB) In Use Locomotive Regulation | Transportation and Infrastructure Committee Washington, D.C. – Aviation Subcommittee Chairman Garret Graves (R-LA) announced that the Subcommittee will receive testimony at a hearing entitled, “...

Can US presidents undo regulatory action taken by their predecessors? Prof. Steven Balla visits the Double Take podcast to discuss the Congressional Review Act and how it could potentially be used by a new administration
https://www.newtonim.com/us-institutional/insights/audios/undoing-a-presidency/

Tune in tomorrow — Tues. 2pm ET — to watch live webcast as RSC's Roger Nober testifies at House Transportation subcommittee hearing on "An Examination of the California Air Resources Board’s (CARB) In Use Locomotive Regulation"
https://transportation.house.gov/news/documentsingle.aspx?DocumentID=407640

Speaking with , says recent Supreme Court decisions striking at government agency authority will cause regulatory drafters to change proactively and construct rules within statutory lines
https://www.govexec.com/management/2024/07/will-recent-supreme-court-rulings-devastate-functioning-federal-government/397795/

In this issue: Experts react to Supreme Court rulings that portend major implications for administrative law and all three branches of government. Longstanding ‘Chevron’ Doctrine overruled.
https://t.e2ma.net/webview/oqpn9hb/eb15e62ff9cbb28fb3faf71fd74e8435

In an op-ed for The Regulatory Review, GW Law Prof. Richard Pierce argues that the Supreme Court's 'Loper Bright' decision will reduce regulatory flip-flopping from administration to administration, and curtail the use of 'Major Questions Doctrine' to rein in agencies

https://www.theregreview.org/2024/07/01/pierce-two-neglected-effects-of-loper-bright/

Now online: A summary of our recent Fireside Chat with SEC Commissioner Hester Peirce. Read on for insights on SEC’s relationship w/ crypto industry, how the Commission might benefit from international partnerships on crypto regulation, & considering the value of crypto's role in the marketplace
https://regulatorystudies.columbian.gwu.edu/sec-commissioners-thoughts-regulating-blockchain-and-crypto

How might the Department of Transportation respond to recent Supreme Court rulings overturning the Chevron Deference doctrine? RSC's Roger Nober tells Politico the agency may temper its sweeping regulatory efforts and focus on smaller technical fixes to be more insulated from legal challenges

Boeing facing DOJ charges The House Transportation subcommittee responsible for railroads and hazardous materials will meet July 23 to grapple with how to respond to the 2023 East Palestine, Ohio, derailment.

The doctrine of Chevron deference has limited judges’ ability to opine on the best meaning of statutes, encouraged agencies to exaggerate the authority conveyed by ambiguously worded statutes, and allowed Congress to avoid writing clear laws -- Susan Dudley writes in Forbes

“Chevron Is Overruled” The Supreme Court handed down rulings that will have major implications for the authority of all three branches of government.

In this issue: NHTSA finalizes new CAFE standards. DOT rule will require emergency response officials to be notified of trains carrying hazardous materials. SCOTUS opinion season nears climax. Plus, regulation news and commentary for the week.
https://t.e2ma.net/webview/4uvv8hb/89fd2ca6e27e8a86d10a374e54536ee8

The 2nd panel of “Regulation by Enforcement: Blockchain and Crypto” forum focused on novel legislation & rulemaking of these techs. We explored 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 at https://regulatorystudies.columbian.gwu.edu/regulating-blockchain-and-crypto-novel-legislation-or-rulemaking

In this issue: CFPB proposes to prohibit credit reporting of medical debt. Biden announces actions to help noncitizen spouses and children of US citizens to apply for lawful permanent residence. Plus, regulatory news and commentary for the week.
https://t.e2ma.net/webview/468h8hb/9bac5faad01806c7cd8c6b054ab628d0

Summary by Sarah Hay of our recent crypto regulation panel:
Existing financial regulations are unclear with regard to cryptocurrencies, yet the SEC’s method of “regulation by enforcement” leaves crypto firms confused and out of compliance. Congress should step in to offer a clear legal framework for crypto governance in the US. Read more at https://regulatorystudies.columbian.gwu.edu/regulating-blockchain-and-crypto-technology-enforcement

What might an effective regulatory and enforcement approach to and tech look like? Join us Wed. June 5 at The George Washington University Law School in DC as we discuss ideas with leading experts, scholars, and policymakers
https://regulatorystudies.columbian.gwu.edu/regulation-enforcement-blockchain-and-crypto

In this issue: House votes to make CFTC the main US crypto regulator. FERC amends rule for electric transmission facility permit applications. HUD proposes incentives for green building standards in new housing construction.
https://t.e2ma.net/webview/4qse6hb/4298b976e768e2bab41b46f9005195df