GW Regulatory Studies Podcast

Hoover Institution Research Fellow Patrick McLaughlin discusses how the driving force behind safety improvements in the freight rail industry is capital investment, not minimum staffing requirements.

While the public comment process may be in need of sensible reform, some current efforts arguably go beyond constructive changes and threaten to fundamentally alter longstanding practices which support good governance. Political scientists Steven Balla and Adriana Bunea discuss how governments on both sides of the Atlantic have recently taken steps to limit opportunities for public comment during the policymaking process. Read full commentary.

Will Yeatman is a lawyer specializing in administrative law and regulatory policy. He recently joined the RSC team as research professor and deputy director.

Looking back at the important developments from the previous year, our team highlights nine themes from a time of unprecedented change in regulation activity and practice. Policy analysts Finn Dobkin and Matias Vesperoni and research specialists Tambudzai Gundani and Henry Hirsch drill down into the details and discuss the impacts they expect these policy changes to have going forward. Read the full commentary for more insights.

Former US Senator Phil Gramm and George Mason University economics professor Donald Boudreaux share lessons gleaned from their new book—a work notable for its approach to framing, interrogating and debunking common myths about capitalism. In conversation with Professor Susan Dudley, the authors explored the transformative power of free markets through major historical developments including the Industrial Revolution, Great Depression, New Deal reforms, the decline of America's postwar preeminence in world trade, and the Great Recession.

Tech policy expert and researcher Tambudzai Gundani discusses how efforts to adopt a state-level moratorium against policies regulating artificial intelligence (AI) would help ensure consistency, prevent legal fragmentation, and allow Congress time to develop a comprehensive national framework. Read Gundani's full commentary at our website.

Senior Policy Analyst Finn Dobkin discusses rulemaking authority of the Council on Environmental Quality and coordination across federal agencies to disclose environmental impacts of development projects. Without interagency and intergovernmental cooperation under the National Environmental Policy Act (NEPA), environmental outcomes will suffer. Read Finn's essay at The Regulatory Review.

Policy Analyst Sarah Hay discusses the Congressional Review Act and actions taken by the 119th Congress to exercise its oversight of regulations from the prior administration. Important differences are compared to the 115th Congress's use of CRA during the last presidential transition year. Read Sarah's commentary at our website.

Visiting Scholar and economist Mary Sullivan shares insights from her recent public comment submitted in response to the Anticompetitive Regulations Task Force of the Department of Justice. Sullivan made recommendations for keeping a level playing field between large and small businesses through the use of a tiered adjustment to compliance burdens based on company size. Read the full text of Mary's public comment.

Susan Dudley recaps the regulatory actions taken during the early weeks of the second Trump term. Milestones include a pause to all rulemakings in progress, a delay of effective dates, and rescinding Biden's guidance to agencies for conducting regulatory impact analysis. Going forward, Dudley expects a slowdown in the number of rulemakings but the process will continue to be central to the administration's regulatory reductions. Read more atNew Trump Executive Order Aims To Speed Deregulation.

Our policy analysts discuss ten important trends that defined the regulatory landscape over the past year. With Zhoudan (Zoey) Xie, Sarah Hay, Finn Dobkin & Henry Hirsch. Read the full commentary.

As policymakers debate how best to harness the potential of artificial intelligence while fostering competition and safety, there are lessons to be learned from the regulatory approaches to novel technologies of the past. In this special, AI-generated episode powered by Google NotebookLM, the platform summarizes an essay by Susan Dudley with insights on the regulatory frameworks developed for technologies such as commercial flight, biotechnology, and the Internet. Read the full text of the essay.

Susan Dudley discusses the strategies and approaches the Trump administration is likely to use to advance goals of deregulation, such as reducing wasteful spending, reviving a regulatory budget, recalling some Biden rules through the Congressional Review Act, accelerating energy and infrastructure permitting, and more.

President-elect Donald Trump has pledged to revoke many Biden administration policies upon returning to the White House in January 2025. Poised to have GOP majorities in the US House and Senate, the new administration has the opportunity to fast-track its reversal of Biden-era regulations using the Congressional Review Act. Our policy experts Zoey Xie, Sarah Hay, and Steve Balla discuss which regulations are likely to fall within the CRA lookback window and which might become potential targets for reversal early next year.

Following up on our recent forum event, Regulation by Enforcement: Blockchain and Crypto – Coin Center Policy Counsel and veteran Capitol Hill lawyer Landon Zinda returns for a deeper dive into cryptocurrency basics. Landon discusses the functionality of crypto tokens beyond digital payments, how crypto markets are evolving, and the current state of play for potential legislation and regulation of the industry. Explore more coverage of this event.

In April 2024, federal agencies broke records by issuing an unprecedented number of significant final rules. The surge of rules is related to the expectation that rules finalized later in the year may be at risk of being overturned through the Congressional Review Act. Senior Policy Analyst Zoey Xie and Senior Scholar Susan Dudley discuss the growing awareness and prominence of the CRA and the notable patterns seen in the April rush. Read Dudley's column in Forbes. Read Xie's commentary.

President Biden’s Executive Order 14117 is an ambitious attempt to mitigate the exploitation of sensitive U.S. data. While the order’s implementation faces uncertainty in an election year, its approach is more tailored to producing meaningful protections on data security than the recent legislation banning TikTok. Senior Policy Analyst Mark Febrizio discusses the importance of addressing data security. Read the full commentary.

Will History Repeat Itself? Forecasting CRA Use in a Second Trump Administration If Donald Trump is reelected to another presidential term in November 2024, efforts to continue his de-regulatory agenda are sure to follow. Regulations can be challenged on several fronts, and the Congressional Review Act (CRA) is an increasingly important tool that could be used following a change of administration. Professor Steven Balla and Policy Analyst Sarah Hay discuss the policy themes rolled back by the 115th Congress in 2017 and which could potentially be on the chopping block again in 2025. Read the full commentary.

Director of the GW Regulatory Studies Center Roger Nober shares perspectives from his recent public comment to the EPA regarding California State Nonroad Engine Pollution Control Standards for In-Use Locomotive Regulation. Nober draws from his extensive career in transportation policy and regulation to call for a rejection of the California emissions plan. Federal preemption is key to interstate commerce, he argues. Read the full comment.

Director of the GW Regulatory Studies Center Roger Nober discusses the implications that new limitations on the longstanding Chevron Deference doctrine would have for federal agencies and regulatory rulemaking. Nober contends that the rhetoric around Chevron is overblown. The likely outcome of new limitations on Chevron would be a phase of regulation by adjudication as agencies adapt to build on their authority in the adjudicatory area. Read the full commentary.

Professor Steve Balla discusses a new legislative proposal which aims to implement recommendations of the Administrative Conference of the United States to better handle mass campaigns and computer-generated inputs in the public commenting process. The Comment Integrity and Management Act promotes best practices in commenting at federal agencies and directs further study on the impacts of mass campaigns and computer-generated content. Read the full commentary.

Policy analyst Sarah Hay dives into the Congressional Review Act (CRA), explaining its role in regulatory oversight by Congress. Hay unpacks the mechanics & usage, addresses common misconceptions, and sheds light on how Congress has used the CRA over time since its introduction in 1996. Read the full commentary online.

Last year was especially action-packed for watchers of federal regulation. Take a look back at major trends of 2023 with analysts Zhoudan (Zoey) Xie, Mark Febrizio and Sarah Hay as they share their perspectives on developments including artificial intelligence, greenhouse gas emissions, immigration, an overhaul of regulatory impact analysis, and much more. Read the full commentary and find previous yearly reviews at our website.

Connecticut is one of 17 states that currently complies with California’s stricter standards for vehicle emissions, pushing toward an improbably fast phaseout of gas-powered vehicles and making EVs a mandatory 100% of new car sales in just a few years. Bryce Chinault of the Yankee Institute discusses how the many economic and environmental tradeoffs of such a shift have state policymakers in Hartford questioning the wisdom of sticking with the EV mandate. For more, read Chinault’s recent Wall Street Journal op-ed: Connecticut Hits a ‘Speed Bump’ on the Race to Mandate EVs.

On December 6, the Office of Information and Regulatory Affairs (OIRA) released the Fall 2023 Unified Agenda, the semiannual roadmap containing information about regulatory actions in development or recently completed by federal agencies. This release marks the Biden administration’s sixth Unified Agenda. Senior Policy Analyst Zoey Xie provides an overview of the document, key takeaways, and trends to watch in the months ahead. Read Zoey's full commentary.

The Biden Administration is more targeted than predecessors in its efforts to improve public participation. But will tools focused on the "supply" side of the equation be enough to increase public engagement? How are the Biden engagement initiatives different or similar from past administrations? Steve Balla and Sarah Hay share their perspectives on the challenges and opportunities ahead. Read their complete commentary for more insights.

The Office of Management and Budget (OMB) just released its finalized guidance document instructing federal agencies in regulatory impact analysis: the Circular A-4. The final version comes after a draft proposal was unveiled in April of this year and following an extensive comment and review process. What elements changed from draft to final? Policy analysts Sarah Hay, Mark Febrizio and Zoey Xie discuss the notable differences to bring you up to speed. Read more in their commentary.

In the transition to electric vehicles (EVs), will the AM radio band be left behind? Automakers say that electromagnetic interference from EV motors disrupts the same frequencies AM station signals rely on, rendering their broadcast largely unintelligible. Tesla, BMW and Volvo have already eliminated AM radio from new EV models, with Volkswagen and Mazda signaling they will follow suit. Their decision to eliminate the band, however, has elicited a range of responses from stakeholders, which may eventually lead to regulatory action. In this discussion, Dylan Desjardins summarizes the bipartisan Senate bill, AM For Every Vehicle Act, and considers whether the public interest is served by requiring AM radio on auto dashboards. Read Dylan's full commentary online.

Co-Director of the Regulatory Studies Center Joe Cordes interviews Visiting Scholar Mary Sullivan for a discussion about the Draft Merger Guidelines developed by the Federal Trade Commission and the Department of Justice. As a former economist at the FTC and the Antitrust Division of the DOJ, Sullivan explains how the guidelines diverge from the longstanding objective of protecting consumer welfare. Furthermore, the draft guidelines appear to favor policy goals of the administration and leave too much room for agency discretion. Read Sullivan's public interest comment on the draft merger guidelines.

Reeve Bull is Deputy Director for the Office of Regulatory Management in the Office of the Governor of Virginia. Bull's working paper, "Building an Evidence-Based System of Regulatory Analysis from the Bottom-Up" is available on the Center's website. In this conversation with RSC Director Susan Dudley, Bull explores the role states can develop for advancing competitive policies that benefit regulatory stakeholders. Although many systems are inclined to favor federal leadership in regulation, states have the advantage of being closer to the businesses and consumers impacted by their regulations and can provide more opportunities for stakeholder input. Read the full article.

When estimating the impacts that a proposed regulation may have over time, an important step is to apply a “discount rate” to translate future impacts to present value terms. This analysis can help determine whether the regulation costs are worth the benefits. Susan Dudley explains why using a single standard discount rate—as proposed in OMB’s Draft Circular A-4—may result in greater uncertainty than using a range of rates for regulatory impact analysis. Read Susan's essay for more details.

An overview of guidelines on public engagement for federal agencies, newly released by the Office of Information and Regulatory Affairs. Policy Analyst Sarah Hay discusses the proposed framework which emphasizes early involvement, transparency, proactive engagement, and meaningful participation. Read Sarah's full commentary on this topic.

Senior Policy Analyst Zhoudan (Zoey) Xie reviews trends and highlights of the latest Unified Agenda—the White House's semi-annual plan for regulatory priorities. Read Zoey's full commentary on the Unified Agenda for more details.

GW Regulatory Studies Center Director Susan Dudley shares her perspectives on the OMB Draft Circular A4. Susan emphasizes the durability of regulatory impact analysis under the existing circular across administrations dating back nearly 30 years. Although the draft revisions contain some worthwhile updates, Susan explains that some aspects of the draft appear designed to steer analytical results to support this administration’s policy preferences, rather than present objective evidence and estimates to policy makers and the public. Safeguarding the objectivity and durability of regulatory analysis is key for the circular's value going forward.

Economist and scholar Mary Sullivan joins the podcast to share perspectives on the proposed introduction of distributional weighting as part of the new draft Circular A-4. The circular, which guides analysis of regulatory costs and benefits, aims to address issues of equity when those costs and benefits are borne differently among various groups. Trade-offs in economic efficiency and lesser transparency are important factors to consider, Mary explains.

President Biden’s Executive Order “Modernizing Regulatory Review” introduces significant changes in how the Office of Information and Regulatory Affairs (OIRA) defines the economic significance of rules and approaches public engagement. Research Professor Bridget Dooling and Senior Policy Analyst Mark Febrizio consider the proposed updates in the order and how it may impact centralized regulatory review in the executive branch agencies. For additional coverage, visit Parsing the Proposals for Modernizing Review.

The Department of Housing and Urban Development (HUD) is proposing a new rule for Affirmatively Furthering Fair Housing that seeks to simplify compliance by program participants and focus on outcomes rather than process. Policy Analyst Sarah Hay shares recommendations from her public interest comment which HUD may consider for improving public engagement and encouraging the use of joint Equity Plans among participants. Read Sarah's full commentary.

This week we celebrate the regulatory reforms of President Jimmy Carter, who set in motion a wave of deregulation that brought lower prices and better consumer choices to the airline industry, telecommunications, rail, trucking, and more. GW Regulatory Studies Center Director Susan Dudley discusses how competition in formerly-regulated markets unleashed innovation and generated lasting benefits for consumers and society as a whole, and stands out today as an underappreciated legacy of the Carter administration. For more details, read Dudley's op-ed in The Regulatory Review.

Zoey Xie and Mark Febrizio recap ten important themes in regulatory developments over the past year. While the Biden administration continued its efforts to undo Trump-era regulations during its second year, it also broke new ground in several policy areas and sought to address emerging issues in the regulatory sphere. For more details, read the full commentary.

As part of the Biden administration’s equity agenda, the White House Office of Information and Regulatory Affairs (OIRA) has proposed recommendations to increase public engagement in the federal regulatory process, especially from underserved communities. GW RegStudies Center Co-Director Steven Balla and Policy Analyst Sarah Hay discuss their recent commentary  and public interest comments to explore how OIRA can make its outreach more effective. Read the full commentary at https://regulatorystudies.columbian.gwu.edu/promise-and-potential-pitfall-biden-administrations-equity-public-engagement-initiative. 

Although consultation promises to bolster the legitimacy of government decisions, it is possible that—in practice—instruments such as the notice and comment process fail to promote transparency, participation, and responsiveness in policymaking. In this discussion, we hear from RSC Co-director Steven Balla and PhD candidates Bosco Yeung and Huang Chen—authors of a new paper on the consultative policy process used in Hong Kong. Listen for highlights about Hong Kong's effectiveness in consultation and recommendations to improve public participation. Access the complete paper at https://regulatorystudies.columbian.gwu.edu/transparency-participation-and-responsiveness-hong-kong-consultative-policymaking. 

ChatGPT is an AI chat bot capable of remarkably human responses. Is the regulatory commenting process prepared for this game-changing technology? GW Law Vice Provost Emily Hammond joins GW Regulatory Studies experts Bridget Dooling, Steve Balla and Mark Febrizio to discuss the implications ChatGPT creates for the public commenting process used at regulatory agencies.

Jerry Ellig hosts this podcast to interview Evan Kwerel who is a senior economic advisor at the Federal Communications Commission, and has played a central role in the development and execution of spectrum auctions. Jerry and Evan reflect on this policy development in light of the recent Nobel Prize awarded to Paul Milgrom and Robert Wilson who's contributions made it all possible.

Laura Stanley discusses recent and upcoming regulatory actions from the Drug Enforcement Administration that could play a role in combating the opioid crisis. Related publications written by Laura: Washington Post op-ed: Bring Back the Methadone Vans https://www.washingtonpost.com/opinions/2020/03/20/coronavirus-is-upending-society-here-are-ideas-mitigate-its-impact/?arc404=true#Stanley Commentary: Regulations Teed Up at the DEA https://regulatorystudies.columbian.gwu.edu/regulations-teed-dea Public Interest Comment: DEA's Mobile Narcotic Treatment Program https://regulatorystudies.columbian.gwu.edu/deas-mobile-narcotic-treatment-program

GW Regulatory Studies Center policy analyst Mark Ferbrizio joins Bryce Chinault to discuss a report he recently published with Melinda Warren from the Weidenbaum Center at Washington University in St. Louis. Read the full report on our website: https://regulatorystudies.columbian.gwu.edu/regulators-budget-overall-spending-and-staffing-remain-stable Mark also references a report by the Center on Budget and Policy Priorities that is available on their website:https://www.cbpp.org/research/policy-basics-introduction-to-the-federal-budget-process

Former FCC chief economist and current GW Regulatory Studies Center research professor Jerry Ellig discusses his recent Commentary on President Trump's recent executive order on preventing online censorship. Hosted by Bryce Chinault.