Regulatory News

Below is a selection of news articles, editorials, op-eds, letters to the editor and features pulled from our daily news clips on regulatory affairs.

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Jan 23, 2020 - - 0
The Trump Administration Is Clearing the Way for Housing Discrimination

In the more than 50 years since its passage, the Fair Housing Act has helped fight discrimination in mortgage lending, zoning restrictions that prevent people from being able to choose where to live, and local landlord abuses. In 1973, the United States government used it to charge Fred Trump and his son, our current president, with housing discrimination. Rather than fight those charges, the Trumps signed a consent decree requiring changes to the way they managed their properties. The Fair Housing Act was the only backstop for the people the Trump family discriminated against, and now the Trump administration is seeking to gut its protections.

Jan 23, 2020 - - 0
Five States Raise Alarms About EPA Coal-Fired Power Plant Waste Disposal Proposal

Attorneys general from five states have raised objections to an Environmental Protection Agency (EPA) rollback of Obama-era regulations that stipulate how coal-fired power plants dispose of waste containing arsenic, lead and mercury. The lawyers representing Maryland, Pennsylvania, Illinois, Michigan, and Vermont expressed concerns about the proposed changes, which would weaken rules dealing with the residue from burning coal, called coal ash, in a Tuesday comment addressed to EPA Administrator Andrew Wheeler. “When power plants burn coal, the resulting waste—coal combustion residuals, or coal ash—includes a host of toxic chemicals, such as arsenic, lead, and mercury,” they wrote. “These chemicals pose numerous dangers to human health, including cancer, cardiovascular effects, and neurological effects.”

Jan 23, 2020 - - 0
Trump Promised His Mileage Standards Would Make Cars Cheaper and Safer. New Documents Raise Doubts About That.

President Trump has said his plan to weaken federal mileage standards would make cars cheaper and “substantially safer.” But the administration’s own analysis suggests that it would cost consumers more than it would save them in the long run, and would do little to make the nation’s roads safer. The revised Safer Affordable Fuel-Efficient (SAFE) Vehicles rule, which has not been released publicly, would require automakers to increase the average fuel efficiency of the nation’s fleets by 1.5 percent per year between model years 2021 and 2026. Rules put in place by the Obama administration, by comparison, require a nearly 5 percent annual increase. If finalized, the proposal would mandate more progress on fuel efficiency than the Trump administration’s initial effort to freeze fuel standards in the years ahead. But the new analysis, outlined in a letter Wednesday by Sen. Thomas R. Carper (D-Del.), projects that the benefits of Trump’s proposed rollback would not significantly outweigh the costs. Trump’s approach would lower the sticker price of new cars, according to the documents, but drivers would spend more at the gas pump over time by driving less efficient vehicles.

Jan 22, 2020 - - 0
'Forever Chemicals' Found in Drinking Water at 34 Additional Locations: Survey

So-called “forever chemicals” have been discovered in drinking water at 34 previously-unknown locations, according to a report released Wednesday by the Environmental Working Group. The environmental watchdog group found perfluoroalkyl substances, or PFAS, which are particularly resistant to breaking down in the environment and have been linked to numerous health problems, were found at some of the highest levels in Miami, New Orleans and Philadelphia, and indicate both the Environmental Protection Agency and previous reports by the EWG have underestimated the levels. Researchers analyzed tap water samples in 44 locations in 31 states and Washington, D.C., and found only one location — Meridian, Miss. — with no detectable PFAS and only two locations — Seattle and Tuscaloosa, Ala. — with levels below that considered hazardous to humans, according to EWG. Utilities that test independently are not required to publicly report the results or make them available to the EPA or state water agencies. The top five locations for PFAS levels were Brunswick County, N.C.; Quad Cities, Iowa; Miami; Bergen County, N.J. and Wilmington, N.C.

Jan 22, 2020 - - 0
The Attempted Corporate Takeover of .Org

On Friday, activists will take to the streets in Los Angeles to attempt to prevent a consequential giveaway of an obscure piece of technological architecture. A newly formed private equity firm named Ethos Capital is bidding to take over the registry that handles the .org domain, which is reserved for nonprofit and nongovernmental organizations. Ethos would be able to raise prices without limit on website owners, and it could use its power to sell the browsing data of users of .orgs, which include practically every human rights organization in the world. Since the announcement of the proposed purchase, .org owners, advocacy groups, and members of Congress have howled in protest of this injection of the profit motive into a rare unspoiled, public service–focused corner of the internet. As a full disclosure, the Prospect is one of those nonprofits with a .org website, and we are a signatory to a petition opposing the sale, joined as of Tuesday by over 21,000 individuals and over 600 organizations. The entire market for domain name registries is broken, a troubling combination of government-granted monopoly, disinterested (at best) regulators, and eager extractors of profit. Users pay a relatively trivial amount for the rights to website names, and don’t really notice the enormous amounts of excess profit taken from them and hundreds of millions of their colleagues, a few bucks at a time.

Jan 22, 2020 - - 1
Trump Is Trying to Cripple the Environment and Democracy

The Trump administration has fired the latest salvo in its never-ending assault on environmental safeguards: a proposal from the White House Council on Environmental Quality (CEQ) to overhaul its regulations governing federal agency compliance with the National Environmental Policy Act (NEPA). The proposal would narrow the scope of NEPA’s protections, weaken federal agency duties when the law applies, and attempt to shield violations of NEPA from judicial oversight. More significantly, the proposal is wildly inconsistent with NEPA’s most fundamental goal: fostering deliberation and democratic participation to improve the government’s capacity to promote social welfare.

Jan 21, 2020 - - 0
We’re Banning Facial Recognition. We’re Missing the Point.

Communities across the United States are starting to ban facial recognition technologies. In May of last year, San Francisco banned facial recognition; the neighboring city of Oakland soon followed, as did Somerville and Brookline in Massachusetts (a statewide ban may follow). In December, San Diego suspended a facial recognition program in advance of a new statewide law, which declared it illegal, coming into effect. Forty major music festivals pledged not to use the technology, and activists are calling for a nationwide ban. Many Democratic presidential candidates support at least a partial ban on the technology. These efforts are well intentioned, but facial recognition bans are the wrong way to fight against modern surveillance. Focusing on one particular identification method misconstrues the nature of the surveillance society we’re in the process of building. Ubiquitous mass surveillance is increasingly the norm. In countries like China, a surveillance infrastructure is being built by the government for social control. In countries like the United States, it’s being built by corporations in order to influence our buying behavior, and is incidentally used by the government. Today, facial recognition technologies are receiving the brunt of the tech backlash, but focusing on them misses the point. We need to have a serious conversation about all the technologies of identification, correlation and discrimination, and decide how much we as a society want to be spied on by governments and corporations — and what sorts of influence we want them to have over our lives.

Jan 21, 2020 - - 0
The House Democrat Taking On Silicon Valley

Cicilline is an unlikely leader of a bipartisan coalition. He’s a feisty combatant for the left on Fox News and a pugnacious tweeter. That morning, he had written on Twitter that the Republicans at the impeachment hearings were asking questions that were “absolutely bonkers,” adding, “I’m half-expecting to hear them bring up the grassy knoll or jet fuel melting steel beams next.” This month, during the debate over Iran, he wrote that there are “real questions about whether the president knows what he’s doing.” But for his Silicon Valley investigation, he’s drawn unexpected allies to his side, not just Rep. Jim Sensenbrenner, the Wisconsin moderate who is his Republican counterpart on the subcommittee, but top Judiciary Republican Doug Collins and Rep. Matt Gaetz, both fervent Trump allies who have harangued Cicilline and his Democratic colleagues over impeachment. Perhaps one reason for the strange bedfellows is Cicilline’s willingness to take on his fellow Democrats, as well as Republicans, for abdicating their responsibility—in his view—to rein in the Big Four over the past two decades. The party in Shaw was to celebrate the release of Matt Stoller’s book Goliath, which grew out of a widely discussed Atlantic article about how corporate Democrats “killed their populist soul.” Giving speeches alongside Cicilline at the event were Faiz Shakir, Bernie Sanders’ presidential campaign manager; and Rohit Chopra, a Democratic Federal Trade Commission commissioner who has strongly criticized his own agency for what he sees as its inadequate approach to Silicon Valley. Cicilline called Stoller, a staunch proponent of more stringent antitrust enforcement, “an inspiration,” and thanked him for telling such an “important story.” But Cicilline has also drawn allies because his investigation is regarded as scrupulous and serious, something Congress does not always have a reputation for these days.

Jan 21, 2020 - - 0
He Helped Make Burgers Safer. Now He’s Fighting Food Poisoning Again.

Bill Marler, the Seattle lawyer who represented hundreds of victims in the Jack in the Box food poisoning case in the 1990s, was outraged by the avoidable tragedy that sickened 700 and claimed the lives of four children. He courted the media to get the E. coli bacteria on the agenda of policymakers — and played a key role in getting the U.S. Department of Agriculture to outlaw the most virulent strains of the pathogen in meat. Now, Marler, 62, is at it again. This time he is taking aim at salmonella, which over the past decade has become the most dangerous bacteria in meat. On Sunday, Marler filed a petition with the USDA — just as he did regarding E. coli a decade ago — asking it to agree with his legal, scientific and moral arguments to ban dozens of salmonella strains from meat. The USDA’s data shows that about 1 in every 10 chicken breasts, drumsticks or wings that consumers purchase is probably contaminated with salmonella, which largely comes from fecal matter getting on meat during slaughter.

Jan 17, 2020 - - 0
Pelosi Rips 'Shameful' Facebook Behavior, Accuses It of Intentionally Misleading Users

House Speaker Nancy Pelosi (D-Calif.) slammed tech giant Facebook on Thursday, accusing the social media company of abusing technology to mislead users and calling its behavior "shameful." “The Facebook business model is strictly to make money. They don't care about the impact on children, they don't care about truth, they don't care about where this is all coming from, and they have said even if they know it's not true they will print it,” Pelosi said at a press conference. “I think they have been very abusive of the great opportunity that technology has given them,” she added. Pelosi’s comments came in response to a question about whether Facebook CEO Mark Zuckerberg or other tech executives, largely based in or near Pelosi’s San Francisco-area district, have too much power. Facebook has at least one office in Pelosi’s district. “All they want are their tax cuts and no antitrust action against them,” Pelosi said of Facebook. “And they schmooze this administration in that regard because so far that’s what they have received.”

Jan 17, 2020 - - 0
Biden Calls for Revoking Key Online Legal Protection

Former Vice President Joe Biden called for revoking a key legal protection for online companies in an interview with The New York Times released Friday. The presidential hopeful railed against Section 230 of the Communications Decency Act, which gives platforms legal immunity for content posted by third-party users while also giving them legal cover to take good-faith efforts to moderate their platforms, when asked about his concerns with Facebook. "[The Times] can’t write something you know to be false and be exempt from being sued. But he can," Biden told the Times editorial board, referring to Facebook CEO Mark Zuckerberg. "The idea that it’s a tech company is that Section 230 should be revoked, immediately should be revoked, number one. For Zuckerberg and other platforms." Biden's firm stance against the legal protection breaks with the other Democratic nomination contenders, some of whom have been critical of the law but none of whom have called for it to be "revoked."

Jan 17, 2020 - - 0
Cities, States Sue Over Planned Trump Cuts to Food Stamps

A coalition of 14 states and two major cities filed a lawsuit Thursday in an attempt to block the Trump administration from eliminating food stamp benefits for hundreds of thousands of unemployed Americans. The administration's new rules will restrict the ability of states to provide food stamps to jobless residents. Instead, "able-bodied" Americans who are not caring for a child less than 6 years old will be eligible for food stamps only if they're employed or enrolled in a vocational training program.

Jan 17, 2020 - - 0
House Democrats Push Through Measure to Nullify Trump Student Loan Rule

The House on Thursday passed mostly along party lines a measure that would overturn a Trump administration rule rolling back protections for student loan borrowers, but the margin was well short of being veto-proof. The joint resolution passed 231-180 with six Republicans joining 225 Democrats in favor. It now heads to the Republican-led Senate but must wait until after the presidential impeachment trial. Still, the House’s action marks the first time in the 116th Congress that lawmakers have sought to overturn a Trump administration regulation via passage of a resolution under the Congressional Review Act. The law allows Congress to overturn regulatory actions of federal agencies with a simple majority vote in both chambers, but subject to a presidential veto. Democrats in the Senate can force a vote, and Minority Whip Richard J. Durbin, D-Ill., is leading the effort in the chamber to get the resolution cleared.

Jan 16, 2020 - - 0
Building the People’s Banks

After Democrats swept into control of the House of Representatives in the 2018 midterms, something unusual happened: almost no incoming freshmen sought a seat on the House Financial Services Committee. Not only is the panel one of the most important and wide-ranging in Congress—with jurisdiction over banking regulations, the affordable housing crisis, economic discrimination, retirement security, and the macro economy—it’s historically been a landing spot for swing-state Democrats looking for a fertile source of campaign fund-raising from deep-pocketed financiers. Yet the centrist Democrats saw more peril than promise in accepting Wall Street donations. This practically unprecedented situation created an opportunity for progressives who were unable to secure spots on other exclusive committees to jump onto Financial Services, like superstar congresswoman Alexandria Ocasio-Cortez. But overseeing the financial sector is anything but a consolation prize; as Occupy Wall Street taught us, the industry is right at the heart of why the economy no longer works for most Americans.

Jan 16, 2020 - - 0
Inequalities in Natural Disaster Regulation

Low-income communities and communities of color face disproportionate environmental harms. Industrial sites, such as coal plants and refineries, are up to 54 percent more likely to be located in predominantly black neighborhoods and 35 percent more likely in neighborhoods afflicted with high levels of poverty. In a recent paper, Professor Brie Sherwin argues that flooding due to hurricanes only exacerbates the disparate effects of industrial pollution. Specifically, Sherwin asserts that inadequate regulations and procedures both before and after storms contribute to disproportionate harms to low-income communities and communities of color in the wake of natural disasters. Flooding aggravates zoning and industrial pollution problems. When floods cause leaching and spills from industrial sites containing toxins and pollutants, the substances cause increased risks of health hazards in the surrounding communities. Because industrial sites are reportedly more often placed near low-income communities and communities of color, these communities also suffer the effects of toxic spills caused by floods.

Jan 16, 2020 - - 0
2019 Was the Second Hottest Year on Record, Per NASA and NOAA

Last year was the second-warmest year ever recorded and the past decade the hottest on record, NASA and the National Oceanic and Atmospheric Administration (NOAA) announced on Wednesday. Global surface temperatures in 2019 were cooler than only 2016, the agencies said. The decade of 2010 to 2019 was also the warmest ever recorded and the past five years have been the five warmest, according to the agencies.

Jan 16, 2020 - - 0
Lawmakers Press Trump Officials to Change Federal Marijuana Rules

House lawmakers are growing increasingly frustrated with restrictions on federal marijuana research and are putting pressure on regulators to change the rules. While 33 states have legalized marijuana for medicinal purposes, federal research is extremely restricted. During a House Energy and Commerce Health Subcommittee hearing Wednesday, bipartisan lawmakers pressed officials from the Food and Drug Administration, Drug Enforcement Administration (DEA) and National Institute on Drug Abuse about obstacles to studying the safety and effectiveness of cannabis products, including hemp-based cannabidiol.

Jan 16, 2020 - - 0
58.5 Billion Robocalls Made in 2019, up 22 Percent

Roughly 58.5 billion robocalls were made in the U.S. last year, according to new research, marking a 22 percent increase from 2018. YouMail, a company that provides a service to block robocalls, estimated that the average American received 178.3 robocalls during the year. “We’ve now had well over 100 billion robocalls in the past two years,” YouMail CEO Alex Quilici said in a statement. “It’s no wonder that an anti-robocall bill passed Congress overwhelmingly and was signed by the President on December 31, 2019.” President Trump in late December signed a bill aimed at reducing the number of robocalls made in the U.S., an issue that had united both chambers and both parties in Congress.

Jan 15, 2020 - - 0
Democrats Are Moving Past Neoliberalism — and to This View Instead

On Wednesday, progressive think tank the Roosevelt Institute released a pair of papers examining the shortcomings of neoliberalism and mapping out an emerging progressive worldview for what comes next. Laying out the left’s emerging ideas on everything from taxes and government debt to antitrust policy, to unions and industrial policy, the two papers create a who’s who and what’s what in progressive economic thinking. Their overarching theory: It’s time to reject not only the conservative guiding principle that there is always a strict trade-off between redistribution and growth, but also the faith that many mainstream and moderate Democrats have had for the past several decades that efficient markets needed some regulations and redistribution, but can largely take care of themselves. Instead, it’s time for a broad-based democratic effort for the government to shape the economy and foster the public good.

Jan 15, 2020 - - 0
The World Wants More Tech Regulation

That is the view of a sharp majority of respondents in the 2020 Best Countries survey that asked people their views on the power of technology companies. The survey was conducted in 36 countries and queried more than 20,000 people at least 18 years of age. Roughly 74% of respondents say technology giants should see their powers limited. That sentiment is strongest among survey takers who are at least 55 years of age, and among respondents in Australia, where 87% say Big Tech companies should face limits to their power. Survey respondents in the United Kingdom and Canada registered the second- and third-strongest levels of agreement, respectively, in the need for curbing big tech companies' power.

Jan 15, 2020 - - 0
Study: Tinder, Grindr and Other Apps Share Sensitive Personal Data With Advertisers

A group of civil rights and consumer groups is urging federal and state regulators to examine a number of mobile apps, including popular dating apps Grindr, Tinder and OKCupid for allegedly sharing personal information with advertising companies. The push by the privacy rights coalition follows a report published on Tuesday by the Norwegian Consumer Council that found 10 apps collect sensitive information including a user's exact location, sexual orientation, religious and political beliefs, drug use and other information and then transmit the personal data to at least 135 different third-party companies. The data harvesting, according to the Norwegian government agency, appears to violate the European Union's rules intended to protect people's online data, known as the General Data Protection Regulation. In the U.S., consumer groups are equally alarmed. The group urging regulators to act on the Norwegian study, led by government watchdog group Public Citizen, says Congress should use the findings as a roadmap to pass a new law patterned after Europe's tough data privacy rules that took effect in 2018.

Jan 15, 2020 - - 0
Google to Phase Out Third-Party Cookies

Google said on Tuesday that it plans to phase out support for third-party cookies in its popular web browser, Chrome, within the next two years. Why it matters: Chrome is the last major internet browser to discontinue cookies, which means that the end of the decades-old tracking technology is finally in sight. Chrome is the most widely used desktop browser in the U.S. and the second-most widely used mobile browser in the U.S. behind Safari. Details: Unlike its rivals Apple and Mozilla, which started blocking third-party cookies by default in their browsers last year, Google says it plans to take a more gradual approach to phasing out cookies.

Jan 15, 2020 - - 0
15 States Oppose Trump Plan to Allow LNG Shipments by Rail

The attorneys general of 15 states said this week that they oppose a Trump administration proposal to allow rail shipments of liquefied natural gas, arguing the trains will share tracks with passenger trains and travel through congested areas. The protesting states included Pennsylvania and New Jersey, where the Trump administration issued a special permit in December to ship LNG by rail. The rulemaking by the U.S. Pipeline and Hazardous Material Safety Administration stems from Trump signing an executive order in April that, in addition to seeking to speed up oil and gas pipeline projects, directed the transportation secretary to propose a rule allowing liquefied natural gas to be shipped in approved rail tank cars. In their 18 pages of comments submitted Monday, the states said the Trump administration’s proposed rule would put residents, first responders and the environment at greater risk of catastrophic accidents. The administration failed to adequately analyze those risks and failed to consider the environmental and climate effects of allowing LNG to be shipped in rail tank cars, the states said.

Jan 15, 2020 - - 0
Cost Analysis Backing BLM Move Comes Under Scrutiny

Experts say the cost-benefit analysis used by the Interior Department to justify its plan to relocate the Bureau of Land Management (BLM) outside of Washington is incomplete and does little to back the agency’s reasoning that the move will save taxpayers millions. “This is a highly incomplete basis for informing a policy decision,” said Craig Thornton, an economist and president of the Society for Benefit-Cost Analysis, who reviewed the documents at the request of The Hill. The cost-benefit analysis created by Interior, which was obtained by The Hill, is just two pages — a brief synopsis when breaking down the financial pros and cons of a decision that could typically fill a binder. The figures, shared with members of Congress in August about a month after Interior announced it would move nearly all of BLM’s D.C.-based staffers to offices out West, estimates the relocation will save $123 million over 20 years through reduced salary and lease costs. But the document lacks key details to explain the savings, giving only top-line figures without explaining how many employees they believe will move, nor how much it will cost to move each employee.

Jan 14, 2020 - - 0
President Trump Shouldn’t Neuter National Environmental Policy

This month marks the 50th anniversary of the enactment of the National Environmental Policy Act, or NEPA, the law that requires federal agencies to consider environmental impacts when they fund highways, allow coal and oil companies to extract fossil fuels from public lands, and undertake many other potentially disruptive activities. President Donald Trump celebrated the occasion not with a toast to the most successful environmental law in the nation’s history, but with proposed changes to NEPA implementing regulations designed to render the statute less effective in protecting public resources and our shared environment.