RTP's Fourth Branch Podcast

Federal regulators were busy in April 2024, with agencies publishing a record-breaking 66 significant new regulations; more than half of which had price tags higher than $200 million. This burst of regulatory activity can be attributed to a once obscure law known as the Congressional Review Act (CRA). If the November election brings Republican control of the White House and Congress, rules issued this summer or fall may be subject to review and disapproval in 2025. This panel will review how both parties have used the CRA to signal displeasure with a president’s policies and to overturn regulations. It will also explore Congress’s options under the Act. Featuring: Steven Balla, Associate Professor of Political Science, Public Policy and Public Administration, and International Affairs, George Washington University Todd F. Gaziano, President, Center for Individual Rights Anthony Papian, Staff Director at United States Senate, Subcommittee on Government Operations and Border Management Susan Dudley, Founder, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, George Washington University

Paul Ray, Director of the Thomas A. Roe Institute, and Susan Dudley, founder of the GW Regulatory Studies Center, dive into the major questions doctrine and its legal implications. They explore the West Virginia v. EPA case and its influence on regulatory practices. The duo discusses historical context, the evolving balance of power between Congress and federal agencies, and the impact of recent court rulings. They also examine litigation strategies and how these legal principles affect state responses to federal regulations.

Kathryn Ciano Mauler and Eric Wang join the podcast to discuss the FEC rules behind campaign funds, particularly in the transfer of said funds between candidates. Their discussion breaks down the questions surrounding the recent changes to the 2024 ballot, and how that will affect each campaign's fundraising efforts, especially in a post-Chevron legal landscape.

Alex J. Adams, Director of Idaho's Department of Health and Welfare is joined by Reeve T. Bull, Director of the Virginia Office of Regulatory Management. Director Adams and Director Bull detail the importance of regulatory reform efforts in Idaho and Virginia, respectively, and discuss the impact that regulatory reform can have on employment opportunities, business development, and the cost of living. What is zero-based regulation ("ZBR")? What did Idaho's zero-based regulation executive order do? What has been the impact of Idaho's use of incorporation of regulation into law? What is cost-benefit analysis? How did Virginia's Executive Order 19 use cost-benefit analysis for regulatory reform? Why did Virginia's Office of Regulatory Management apply cost-benefit analysis to regulations and guidance documents?

Legal experts Jonathan Butcher and Jon Riches discuss the debate between parental rights and children’s privacy in education under the Family Educational Rights and Privacy Act (“FERPA”). Moderated by Luke Wake, their discussion examines the debates over the role of student privacy, parental rights, and the role that the government is playing in education.

On July 2, 2024, the US Supreme Court granted certiorari in the case, Food and Drug Administration v. Wages and White Lion Investments, LLC. In Explainer Episode 70, expert Jeff Stier discusses the FDA's regulatory action prohibiting specific vape flavors from being sold by these two companies, and the legal issues that the Supreme Court will review in the October 2024 term. What are the implications of the FDA prohibiting the sale of these vape flavors? What regulatory process did the FDA use to make this determination? Why did the FDA decide to allow certain vape flavors, and not others? What are the effects on the FDA's decision in this case on smokers? In promoting public health? On consumers? On the companies?

The panelists will discuss Biden Administration policies and regulations at the DOL and SEC addressing investing based on environmental, social, and governance (or “ESG”) factors; whether they are consistent with statutory law; and whether the agencies followed appropriate administrative processes in promulgating these ever-evolving policies.Moderator: Gregory Jacob, Partner, O'Melveny & Myers LLPSpeakers:Paul Atkins, Chief Executive Officer, Patomak Global Partners LLCElliot Gaiser, Associate, Boyden Gray & Associates PLLCSharon Rose, Partner, Berliner Corcoran & Rowe LLP

In this episode of the Fourth Branch Explainer podcast, Prof. Eugene Volokh, from UCLA Law School, and Prof. David Bernstein, from the Antonin Scalia Law School, discuss the features, implications, and possibilities of the Anti-Semitism Awareness Act.

The Regulatory Transparency Project’s Fourth Branch Podcast presents Explainer Episode 68. In this Fourth Branch Explainer podcast, Rachel N. Morrison from the Ethics and Public Policy Center (EPPC) discusses the implications of the Pregnant Workers Fairness Act Regulations recently released. Listen in as Morrison discusses the pros and cons of new rules.

Congress has been working on comprehensive federal data privacy legislation for decades without reaching agreement. But the finish line may be closer today than before. With the recent introduction of the American’s Privacy Rights Act (APRA), the chairs of the Senate and House Commerce Committees announced a bipartisan compromise, hoping to end the legislative stalemate.Our panel of data privacy experts will take a deeper look at APRA, including its provisions and implications. Who wins and who loses in APRA’s mix of provisions from preemption to enforcement? Is the decision to embrace regulation of algorithmic decision-making a deal maker or breaker? And does it stand a chance of passing in an election year? Tune in to hear our panelists explore the ongoing dynamic of federal privacy legislation in the United States.Register and Join the webinar on May 23rd at 3 pm EST.