Current Issue

March 12, 2025

New from the RSC this week

You might have noticed the Regulation Digest was redesigned in January. We hope you are enjoying the new look!

Please share your feedback by responding to a brief survey to help us ensure the newsletter and blog site are effectively covering the topics, news, commentaries, and analysis that you care most about! Complete the Survey >


Rulemaking Highlights / Presidential Actions

Amendments to Public Service Loan Forgiveness

President Trump issued an Executive Order (EO) 14235, Restoring Public Service Loan Forgiveness, revising the PSLF to exclude organizations deemed to have a “substantial illegal purpose” which includes those that support terrorism, illegal discrimination, violation of state tort laws, child abuse, or illegal immigration. The EO directs the Department of Education to amend PSLF regulations to disqualify employees of these organizations from participating in the program. 

Establishment of Bitcoin Reserve

President Trump issued EO 14233, Establishment of the Strategic Bitcoin Reserve and United States Digital Asset Strategic Stockpile, directing the Secretary of Treasury to create a strategic Bitcoin reserve funded by Bitcoin received through forfeiture or penalties. The order also establishes a Digital Asset Stockpile to manage other digital assets held by the government.

Commercial Advertisement Loudness Mitigation (CALM) Act Implementation

The Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking to assess the effectiveness of the CALM Act, which regulates the volume of TV commercials. The proposal seeks consumer and industry input about commercial volume and whether rule amendments are needed. Comments due April 10. 

Bank Merger Transactions

The Federal Deposit Insurance Corporation (FDIC) proposed rescinding the 2024 Statement on Bank Merger Transactions and reinstating the previous guidance. The FDIC noted that the 2024 policy led to uncertainty in the bank merger application process particularly as it pertains to competition analysis and the evaluation of public benefits. Comments due April 10.

Immigration and Nationality Act Registration

The Department of Homeland Security (DHS) issued an interim final rule amending regulations to designate a new general registration form for immigrants subject to registration and fingerprinting requirements under the Immigration and Nationality Act (INA). The rule also expands the types of documentation that may serve as evidence of alien registration. Comments due April 11 with the rule effective following that date.

Energy Conservation Standard Delays

The Department of Energy issued two final rules delaying the effective date of amendments to Energy Conservation Standards for Commercial Refrigerators and Freezers, as well as test procedures for compressors. The rule’s implementation is postponed until May 20, 2025, to allow further review under the Regulatory Freeze Pending Review memorandum.


Opinions

John Nay & Troy Paredes: When Regulations Hinder Entrepreneurship, We All Lose Out. AI Can Help Regulators Do Their Job Better—and Get Out of the Way | How Regulators Can Use AI

Don Wolfensberger: ‘Review’ Time: Congress Looks to its Own Regulatory Veto Process ⭐ feat. RSC’s Sarah Hay

Karen Tumulty: If Musk Wants to Find Waste, Here’s Where He Should Look

Michael Grunwald: Elon Musk Should Take a Hard Look at USDA

Brian Klaas: DOGE is Courting Catastrophic Risk

Will Marshall: America: Is This What You Voted For?

Isaac Stanley-Becker: The FAA’s Troubles are More Serious Than You Know


In the News

Health & Safety

Marketplace of Ideas

Center for Progressive Reform

The Legal Complexities of Deregulating Power Plant Carbon Emissions, Daniel Farber

CEI

Shutdowns are Fake, But Government Growth is Very Real, Clyde Wayne Crews

Modernizing the EPA: A Blueprint for Congress, Daren Bakst et al.

Legislation Would Restore the Full Power of the Seventh Amendment, Stone Washington

Council to Modernize Governance

DOGE’s Innovative Approach Could be the Roadmap for Inspector General Reform, Anthony Adkison & Curtis Schube

Economic Policy Institute

Trump’s Federal Workforce Cuts Jeopardize the Careers of Nearly 900,000 Veterans and Veteran or Military Spouses, Ben Zipperer

Federalist Society

Textualism, the Clean Water Act, and San Francisco v. EPA, James Burling

Free State Foundation

Event: FSF’s Seventeenth Annual Policy Conference, March 25

GAO

Science and Technology: GAO’s Support for Congress

Harvard Business Review

Getting Big Things Done, Toby Lester

Harvard Environmental & Energy Law Program

Extracting Profits from the Public: How Utility Ratepayers are Paying for Big Tech’s Power, Ari Peskoe & Eliza Martin 

Institute for Policy Integrity

Event: Where Does Administrative Law Go from Here?, April 11

ITIF

After DOGE: Trump’s Chance to Modernize, Daniel Castro

The Global Spread of Protectionist Policies That Squeeze American Tech Companies, Hilal Aka

Law & Liberty

Gorsuch’s Broadside Against Overregulation, Law & Liberty Editors

NASEM

Workshop: Implications of Recent Supreme Court Decisions for Agency Decision-Making, April 7-8

NBER

The Curious Surge of Productivity in US Restaurants, Austan Goolsbee et al.

Niskanen Center

YIMBYism is an American Legal Tradition. Here’s How to Revive it, Rick Hills & David Schleicher

Pacific Legal Foundation

Courts’ System for Issuing Preliminary Relief is Broken, Josh Robbins

R Street

Leveraging AI and Emerging Technology to Enhance Data Privacy and Security, Steven Ward

Reason

The American Right is Abandoning Mises, Brian Doherty

The Regulatory Review

Event: How is Trump 2.0 Reshaping the Administrative State?, March 26 ⭐ feat. RSC’s Susan Dudley

Escalating Flawed Deregulatory Math, Caroline Cecot & Michael Livermore

RFF

Fires in the Southern US, Avoiding Storm Damages, and More, Matt Fleck et al.

Roosevelt Institute

The Irreparable Damage Being Done to Federal Policy Research and Evaluation, Stephen Nuñez

SBCA

Event: SBCA Annual Conference, March 13-14

Tech Policy Institute

Lessons from Telecom Regulation for Tech Competition Policy, Jonathan Nuechterlein & Howard Shelanski

Yale JREG

In the Shadow of Humphrey’s Executor, Brian Lipshutz

AEI

Rebuilding the Transatlantic Tech Alliance: Why Innovation, Not Regulation, Should Guide the Way, Shane Tews

American Action Forum

Debunking Debanking, Thomas Kingsley

American Prospect

Even Under Trump, Americans Can Fight Climate Change, Sandeep Vaheesan

Brookings Institution

Efficient Government and Safe Innovation: A Collaborative Approach to AI Policy, Greg Ferenstein

Cato Institute

Don’t Rely on DOGE: Congress Needs to Own Spending Restraint, Romina Boccia & Dominik Lett

10 Reasons to Cut Corporate Welfare, Chris Edwards

Center for American Progress

How is DOGE Abusing its Power?, Nicole Alvarez