Regulatory Years In Review

Explore our yearly summaries of trends in federal regulatory activity

2023

This Regulatory Insight concludes another busy year, making it challenging to narrow down the top ten important regulatory developments. In 2023, the Biden administration took significant steps toward carrying out its “Modernizing Regulatory Review” initiative, starting with substantive changes to the regulatory review process and regulatory analysis. The administration continued prioritizing equity and climate-related issues through federal regulation and issued notable actions on other environmental, labor, and immigration issues, including reversals of Trump-era regulations. New developments in artificial intelligence (AI) filled the past year with debate on how to best account for AI systems in the regulatory sphere. Bank failures led federal agencies to revise banking regulations established in the aftermath of the 2007-09 financial crisis, and new merger guidelines broke from precedent by addressing new dimensions of potential concern arising from mergers.

1. Modernizing Regulatory Review
2. Artificial Intelligence
3. Equity
4. Regulating GHG Emissions
5. Additional EPA Reversals
6. PFAS
7. Labor Regulations
8. Immigration and Non-immigrant Workers
9. Banking Supervision
10. Merger Guidelines

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2022

This Regulatory Insight recaps ten important regulatory developments that occurred in 2022. In contrast to previous reviews for 2020 and 2021, regulatory responses to the COVID-19 pandemic received less emphasis than other policy areas in 2022. While the Biden administration continued its efforts to undo Trump-era regulations during its second year, it also broke new ground in several policy areas and sought to address emerging issues in the regulatory sphere.

Pursuing Equity and Nondiscrimination
Tightening Standards for Greenhouse Gas Emissions
Tightening Standards for Other Emissions
Water-Related Environmental Regulations
Climate-Related Financial Risk Management
Attempted Student Loan Forgiveness
Developments in Labor Regulations
Continued Efforts to Revamp Immigration Policies
Regulatory Approaches to Increasing Healthcare Access
Emerging Areas for Regulators

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2021

This Regulatory Insight recaps ten important developments related to federal regulations that occurred in 2021. With the continued spread of COVID-19, regulatory responses to the pandemic are still an important theme throughout 2021, including several controversial vaccination requirements. The other themes reflect the Biden administration’s efforts to halt or undo Trump-era regulations during its initial year.

President Biden issued several notable executive orders reflecting new regulatory priorities and reversing Trump’s regulatory agenda. The Biden administration and its allies in Congress repealed many Trump-era rules, through the Congressional Review Act (CRA) or notice-and-comment rulemaking. Those cover changes to immigration policies, actions for facilitating access to medical treatment, regulations implementing the Fair Housing Act, and regulatory activities addressing environmental policy. Nevertheless, these changes were predominantly made using existing regulatory authorities, rather than stemming from new congressional legislation. In some instances, the courts are involved in adjudicating whether agencies have pursued revisions in a legitimate manner.

Regulations related to the COVID-19 pandemic
Modernizing regulatory review
CRA disapprovals and reversals of Trump's executive orders
Undoing Trump’s immigration policies
Reforms to improve access to medical treatment
Revisiting Fair Housing Act regulations
Climate consciousness in regulatory actions
Regulations controlling GHG emissions
Regulations on environmental quality
Reorienting procedural rules related to the environment

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2020

This Regulatory Insight recaps ten notable themes related to federal regulations that occurred in 2020. Regulatory policymaking frequently intersected with noteworthy challenges facing the country. Agencies took various regulatory actions in response to the COVID-19 pandemic. The midnight regulation phenomenon also resurfaced at the end of the Trump administration, as it has for previous outgoing presidents. Among other important actions, some represent multi-year efforts of the Trump administration, such as the update to regulations implementing the National Environmental Policy Act (NEPA), while others signal the initiation of possible rulemakings, such as reinterpreting the laws governing the liability of social media companies. Under a new administration with different policy priorities, many of these rulemaking activities and their implementation will face great uncertainty.

1. Midnight Regulations
2. Emergency Regulations Addressing the COVID-19 Pandemic
3. Regulations Implementing COVID-19 Economic Relief Bills
4. Regulatory Relief, Extensions, and Exemptions
5. Agency Compliance with EO 13891 on Guidance Documents
6. Immigration Regulations
7. Section 230 and Social Media Regulation
8. Updating NEPA Regulations
9. EPA Rules on Regulatory Process
10. Substantive Environmental Actions

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2019

A wide range of areas—including administrative procedures, environment and energy, nutrition benefits, immigration, and healthcare—experienced important regulatory developments during the past year. This Regulatory Insight highlights ten notable themes related to regulation that occurred in 2019, just as our lists for 2017 and 2018 did.

Fiscal Year 2019 Regulatory Reform Report
Executive Orders on Guidance
Advances in the “Waters of the United States” Two-Step Process
Affordable Clean Energy Rule Replaces the Clean Power Plan
Revising the Process Rule for Energy Conservation Standards
Transportation Department Issues a Rule on Rules
Limits on SNAP Work Requirement Waiver
Public Charge Rule Finalized but not Implemented
Changes to Endangered Species Act regulations
Initiatives on Healthcare Price Transparency

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2018

Just as in 2017, regulatory policy continued to be a focal point of 2018 with key actions ranging from proposed rules to one agency’s establishment of a new economics office to inform regulatory decisions. While not comprehensive, this Regulatory Insight highlights ten important developments related to regulation that occurred in 2018.

Fiscal Year 2018 Regulatory Reform Report
EPA Process Reforms on Regulatory Science and Benefit-Cost Analysis
Repeals, Revisions, and Modifications to Environmental Regulations
Creation of the Office of Economics and Analytics at the FCC
Final Restoring Internet Freedom Order
Memorandum Making Tax Regulations Subject to OIRA Review
Proposed Revisions of Offshore Oil and Gas Drilling Regulations
Proposed Revisions of Higher Education Regulations
Bump-Stock-Type Devices
National Bioengineered Food Disclosure Standard

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2017

This Regulatory Insight highlights ten important regulatory and deregulatory themes that garnered attention—and changed the regulatory landscape—in 2017. Regulatory policy was a focal point of 2017, and notable executive orders, rulemaking, and legislation all contributed to this theme.

President Trump's Deregulatory Agenda
Unified Agenda of Regulatory and Deregulatory Actions
Disapproval of Rules Under the Congressional Review Act
The Accountability of the CFPB
Review of WOTUS Rule
Repeal of the Clean Power Plan
Midterm Evaluation of the CAFE Standards
Revocation of Net Neutrality Rules
Payday Loan Rule
Regulatory Approaches for New Technologies

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2014

This commentary highlights ten important final rules U.S. federal agencies issued in 2014. Although the agencies predict each rule will offer substantial public benefits, each rule also has considerable expected costs, some of which outweigh the benefits.

The 'Volcker Rule'
Regulating the Disposal of Coal Ash
Higher Emission and Fuel Standards (Tier 3)
Rearview Cameras Required for New Cars
Minimum Wage Established for Federal Contractors
Requiring 'Gainful Employment' for Students
Energy Conservation Standards: Walk-in Coolers and Freezers
Energy Conservation Standards: Commercial Electric Motors
Energy Conservation Standards: Commercial Refrigeration Equipment
Energy Conservation Standards: Metal Halide Lamps