March 12, 2025
New from the RSC this week
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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
Governance & Politics
Financial Markets & Housing
New GOP Bill Aims to End ‘Debanking’ of Crypto Companies and Conservatives, Wall Street Journal
Secretary Bessent Weighs in Against Consolidation of Banking Agencies, Wall Street Journal
The Loyal Opposition Inside the SEC, New York Times
Senate Votes to Repeal Biden-Era Crypto Tax Rule, Wall Street Journal
Trump Signs Executive Order Officially Establishing Crypto Currency Reserve, Wall Street Journal
Trump Says US Banks Can’t Do Business in Canada. It’s Not That Simple, New York Times
Crypto Industry to Emerge from ‘Exile’ at White House Summit, Washington Post
US SEC to Move Away from Requiring Crypto Firms to Register as Trading Systems, Reuters
OCC’s New Guidance Marks Shift In US Crypto Banking Regulations, Forbes
Stablecoin Bill Set to Advance in Senate After Trump Push, Bloomberg
Energy & Environment
Trump’s EPA to Rewrite Rules Aimed at Averting Chemical Disasters, New York Times
Republicans Walk Budget Tightrope With Assault on EV Credits, E&E News
Senate Republicans Target Biden-era Air Toxics Rules, E&E News
Trump, Texas GOP’s Deregulation Push Sparks Hope and Fear in the Oil Field, The Hill
Western Groups Try Again to Unravel ESA’s ‘Blanket Rule’, E&E News
Birds Face Weakened Protections Under Trump Move, New York Times
Trump Just Weakened One of the US’s Oldest Environmental Laws, Washington Post
US Considers Emergency Powers to Restart Closed Coal Plants, Bloomberg
GAO: Congress Can’t Overturn California EPA Waiver, E&E News
Health & Safety
Trump Admin Takes Aim at Obamacare, Politico
Education
Trump Prepares Order Dismantling the Education Department, NPR
Education Department Fires 1,300 Workers, Gutting its Staff, New York Times
Trump Signs Order to Limit Who Gets Public Service Student Loan Forgiveness, Washington Post
Trump Order Denies Student Loan Relief to Nonprofit Workers Engaged in ‘Improper’ Activity, Associated Press
Business
How Trump’s FTC Chairman is Bringing a MAGA Approach to Antitrust Enforcement, Wall Street Journal
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