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OpenMarket: January 2019

  • The Bicameral Congressional Trade Authority Act

    January 31, 2019
    This week Rep. Mike Gallagher (R-WI) introduced the Bicameral Congressional Trade Authority Act, which would reduce the president’s authority to unilaterally enact new tariffs by citing national security concerns. The Senate sponsors are Sens. Mark Warner (D-VA) and Pat Toomey (R-PA). The Democratic co-sponsor in the House is Rep. Ron Kind (D-WI).
  • Rep. Waters Reiterates Support for JOBS Act 3.0

    January 31, 2019
    In a major speech to a liberal group outlining her priorities as chairman of the House Financial Services Committee, Rep. Maxine Waters (D-CA) sharply criticized President Trump and many conservative policies, but reaffirmed her support of bipartisan deregulatory legislation referred to as the “JOBS Act 3.0.”
  • A Brief Outline of Undisclosed Costs of Regulation

    January 30, 2019
    In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discussed checks on the administrative state, as well as some of the roots of bureaucratic governance. While there is always heated discussion about the costs of regulation, it is apparent that less is known than unknown about the scope of federal regulation and its social and economic effects.
  • Administrative Procedure Act Limitations: Cost Measurement and Disclosure

    January 30, 2019
    U.S. Circuit Judge J. Harvie Wilkinson III noted in a 2017 journal article that regulation sometimes contains “too much detail,” changes too “frequently and capriciously,” creates backlogs and delay of work and decisions, or even results in “imperiousness” and “jerk[ing] people around.”
  • The Shutdown Is Over: How Does that Affect Regulation?

    January 28, 2019
    During the partial shutdown, the Federal Register slowed to a crawl. Published every weekday, an average day’s edition consists of about 270 pages and contains a dozen or so new final regulations, plus proposed regulations, agency notices, and presidential documents. Compare this with 18 final regulations and 436 pages published all year through January 28.
  • Forecast: U.S. to Become Net Energy Exporter in 2020

    January 28, 2019
    The U.S. Energy Information Administration (EIA) expects the United States to become a net energy exporter in 2020. That is the “reference case” projection in EIA’s Annual Energy Outlook 2019 (AEO2019), published on January 24th. In contrast, AEO2018 projected that the United States would become a net energy exporter in 2022.
  • Agenda for the 116th Congress: Tech and Telecom

    January 28, 2019
    As technology and telecommunications evolve, new challenges inevitably arise for policy makers. New mandates or prohibitions should be avoided in all but the most exceptional circumstances. Ill-conceived rules could stifle the high-tech economy, saddling innovative firms with arbitrary regulations or draconian liability regimes.
  • This Week in Ridiculous Regulations   

    January 28, 2019
    The partial shutdown ended on Friday, though only on a three-week deal. This likely will not show up in the Federal Register’s page and rule counts until mid- to late-week, given that it usually operates on a 2-3 day lag. Regulations that did appear during the week range from cockpit displays to crabbing vessels.
  • Chuck Todd's 'Daily Show' Comments Got It Wrong on the Climate Debate

    January 25, 2019
    Last night Chuck Todd went on “The Daily Show with Trevor Noah” and was asked about his announcement on a recent episode of “Meet the Press,” (which was devoted entirely to climate change), to bar guests who dispute climate alarmism. I think CEI may have spurred the question.
  • Warren Wealth Tax Proposal Raises Constitutional Questions

    January 25, 2019
    Sen. Elizabeth Warren (D-MA) has proposed a new wealth tax. We don’t know a lot of details on what is being proposed, but what little we do know suggests there is a constitutional problem. The Washington Post reported yesterday that Warren is being advised by two economists “on a proposal to levy a 2 percent wealth tax on Americans with assets above $50 million, as well as a 3 percent wealth tax on those who have more than $1 billion.”


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