Explainer Episode 74 - Incorporation by Reference and Voluntary Standards

RTP's Fourth Branch Podcast

#Politics #News #Federalist Society

30:55

A secret field that summons lightning. A massive spiral that disappears into a salt lake. A celestial observatory carved into a volcano. Meet the wild—and sometimes explosive—world of land art, where artists craft masterpieces with dynamite and bulldozers. In our Season 2 premiere, guest Dylan Thuras, cofounder of Atlas Obscura, takes us off road and into the minds of the artists who literally reshaped parts of the Southwest. These works aren’t meant to be easy to reach—or to explain—but they just might change how you see the world. Land art you’ll visit in this episode: - Double Negative and City by Michael Heizer (Garden Valley, Nevada) - Spiral Jetty by Robert Smithson (Great Salt Lake, Utah) - Sun Tunnels by Nancy Holt (Great Basin Desert, Utah) - Lightning Field by Walter De Maria (Catron County, New Mexico) - Roden Crater by James Turrell (Painted Desert, Arizona) Via Podcast is a production of AAA Mountain West Group.…

рік тому 30:38

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Regulatory experts, Rosario Palmieri and Karen Harned, discuss industry self-regulation, soft law, and voluntary standards. Thousands of products, services, and systems use voluntary, consensus standards to govern product performance and safety, worker safety, financial services, and food safety. This is a layer of self-regulation that usually lies beneath the administrative state or in parts of the economy where private markets have developed mechanisms to ensure that businesses and consumers' expectations are met in exchanges. Emerging technologies and industries are often first governed by these types of private standards by voluntary agreement. Federal agencies, when deciding to regulate, are required to first rely on industry-created voluntary consensus standards whenever possible. The discussion includes understanding the costs and benefits of relying on private, often copyrighted, standards as a source of law that is incorporated by reference into the U.S. Code and Code of Federal Regulations.
Featuring:
Karen Harned, President, Harned Strategies LLC
Rosario Palmieri, Partner, Lewis Brisbois

419 епізодів

Explainer Episode 74 - Incorporation by Reference and Voluntary Standards

RTP's Fourth Branch Podcast

published рік тому

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MP3•Головна епізоду

419 епізодів

#Politics #News #Federalist Society

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Deep Dive 307 - Confronting the Questions: A Discussion on the EPA’s Proposed Revisions to Endangerment Finding 1:01:40

6 днів тому1:01:40

1:01:40

Under the Clean Air Act, the Environmental Protection Agency (EPA) is required to regulate emissions that “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” The Supreme Court held in Massachusetts v. EPA that greenhouse gases are considered pollutants under the Act, so whether they can be regulated depends on whether they endanger public health. The EPA issued the Endangerment Finding that greenhouse gas emissions cross this threshold in 2009. Any actual regulation of greenhouse gas emissions is issued by EPA separately, such as greenhouse gas emissions standards for vehicles. On March 12th, 2025, EPA Administrator Lee Zeldin announced that the EPA would be initiating “formal reconsideration of the 2009 Endangerment Finding in collaboration with the Office of Management and Budget (OMB) and other relevant agencies.” Join us Friday, May 9th, from 11am – 12pm EST, as our panel of legal experts discusses the various questions surrounding the proposed revisions, such as preemption, cost revision, and how these changes would be implemented. Featuring: Michael Buschbacher, Partner, Boyden Gray PLLC Richard Belzer, Independent Consultant Jonathan Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law (Moderator) Laura Stanley, Gibson Dunn, LLP…

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Deep Dive 306 - Weighing Regulations: The Metrics of White House Review 1:01:20

19 днів тому1:01:20

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Amidst the flurry of new Executive Orders that launched the second Trump Administration, many questions have arisen concerning regulatory action and executive power. Our panelists will focus on the regulatory analysis guidance of Circular A-4, the role of benefit-cost analysis in regulatory and deregulatory actions, and the 10-for-1 Executive Order. Join us on Wednesday, April 23rd, at 11:30am EST for a discussion of regulatory analysis and administrative law featuring Hon. Susan Dudley and Professor Donald Kenkel, and moderated by Hon. Paul Ray.…

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Explainer Episode 88 - How Congress Can Reform Environmental Regulation and the EPA 56:48

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In March of 2025, the Competitive Enterprise Institute (CEI) released a major new publication, “Modernizing the EPA: A Blueprint for Congress.” This book explores numerous issues across the EPA and the statutes that it administers. The podcast discussion focuses primarily on how the EPA’s role has evolved, particularly as it relates to air regulation, including greenhouse gas regulation. In addition, the discussion highlights flaws and outdated aspects of the Clean Air Act and the need for Congress to reassert its lawmaking power. The lead author and co-editor of the book offers ideas on how Congress can refine the federal approach to environmental and climate policy. Listen in as Michael Buschbacher, Partner at Boyden Gray PLLC, interviews Daren Bakst, Director of CEI’s Center for Energy and Environment highlighting the key findings and recommendations in the publication.…

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Tech Roundup Episode 26 - Making Sense of White House AI Policy 37:34

5 weeks тому37:34

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Deep Dive 305 - Regulatory Ferment at DOL and the NLRB 1:01:29

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Tech Roundup Episode 25 - How are the States Approaching AI? 40:59

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As the second Trump administration kicks off an ambitious AI agenda, individual states have been busy on this front as well. Should each state have their own approach, or should states like California and Texas lead the way? Dean Ball, Sunny Gandhi, and Kevin Frazier join the Fourth Branch podcast to discuss these various efforts to cover the conversation of AI on the state level and the increasing need for public AI literacy.…

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Explainer Episode 87 - Child Welfare Funding & State Use of Foster Youth Benefits 34:01

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An estimated 5% of foster youth qualify for Social Security benefits, but in many states, child welfare agencies use these funds to help cover the cost of care. In 2018 alone, agencies in 49 states and Washington, D.C., received at least $165 million in benefits intended for foster youth. In this episode, Shoshana Weissmann interviews Maureen Flatley, subject matter expert in child welfare and child exploitation. They discuss how these funds are managed, the policies guiding their use, and the ongoing conversations about their impact on foster youth and the child welfare system.…

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Explainer Episode 86 - Regulation & Red Tape: Lessons from Lahaina Fire Recovery & the Path Ahead 44:12

11 weeks тому44:12

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Hawaii leads the nation in high housing prices. Experts Ted Kefalas and Jonathan Helton from Grassroot Institute explain the regulatory obstacles to building sufficient housing for Hawaiians, and regulatory reform efforts that could increase the housing supply. It has been over 18 months since the fires that nearly destroyed the town of Lahaina in Maui County, Hawaii. Since that time, thousands of commercial and residential properties have been destroyed or damaged, and only 6 houses have been rebuilt. In this segment, Kefalas and Helton discuss the legal and regulatory hurdles that have prevented Hawaiians to rebuild their destroyed homes and businesses, and proposals that could help facilitate rebuilding. In the final segment, the experts discuss what lessons California could learn from Hawaii's experience to ensure that Angelinos do not experience the same slow rebuild after the Pacific Palisades Fire.…

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Tech Roundup Episode 24 - DOGEing Barriers? Legal Challenges to AI in Government 44:13

13 weeks тому44:13

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Artificial Intelligence has been rapidly brought to the forefront of the public conversation in recent months. President Trump has pledged to support AI innovation, while the newly-established Department of Government Efficiency (DOGE) has been working to streamline government processes through AI. Join our panel of experts, including Dhruva Krishna, Dr. Megan Ma, and Kevin Fraizer, for a discussion on the benefits and legal ramifications of incorporating AI into government.…

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Explainer Episode 85 - Rebuilding California: Lessons from the Pacific Palisades Fire 47:43

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The 2025 Pacific Palisades Fire has underscored the challenges of building in California’s complex regulatory landscape. In response, Governor Newsom issued an executive order suspending CEQA and Coastal Act requirements to expedite reconstruction, raising important questions about the future of development in the state. In this podcast, experts Jeremy Talcott and Donald Kochan examine California's regulatory environment before the disaster and the broader implications of its permitting processes in the effort to rebuild. Join us for an in-depth discussion on balancing efficient recovery with long-term regulatory considerations.…

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Deep Dive 305 - Does President Trump Have the Authority to Pause and Modify the Medicare Drug Price Negotiation Program? 59:37

13 weeks тому59:37

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Since its inception, the Inflation Reduction Act’s (IRA) Medicare Drug Price Negotiation Program has been contentiously debated. For example, several pharmaceutical manufacturers filed a lawsuit against the U.S. Department of Health and Human Services (HHS) challenging the program’s constitutionality. This webinar will discuss whether the Biden Administration’s implementation and interpretation of the IRA go beyond Congress’s intent or constitutional boundaries. The Centers for Medicare & Medicaid Services recently issued a statement that the Trump Administration is committed to “incorporating lessons learned to date from the program and considering opportunities to bring greater transparency in the Negotiation Program. CMS intends to provide opportunities for stakeholders to provide specific ideas to improve the Negotiation Program, consistent with the goals of achieving greater value for beneficiaries and taxpayers while continuing to foster innovation.” Accordingly, this webinar discusses whether the Trump Administration may pause the program and whether Congress should repeal the program. Featuring: (Moderator) John Shu, Attorney and Legal Commentator Jeff Stier, Senior Fellow, Conumer Choice Center and Taxpayers Protection Alliance Dan Troy, Managing Director, Berkeley Research Group…

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Deep Dive 304: Stargate and DeepSeek: The International and Technological Implications of the AI "Arms Race" 56:07

14 weeks тому56:07

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On January 22, 2025, newly-elected President Trump announced a widespread project to invest $500 billion in American AI development, known as “Stargate.” A few days later, a new Chinese AI chatbot program “DeepSeek” was launched to the shock of US tech investors. What do these new developments mean for the AI dominance race? What will the changing global and trade relations signify for AI innovation and production? Join us for a discussion on these and other updates to the international AI conversation, featuring Neil Chilson from the Abundance Institute, and John Villasenor from Brookings, and moderated by Ashkhen Kazaryan from Stand Together.…

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Explainer Episode 84 - How Far Do the Executive Orders Go Towards Ending DEI? 47:34

14 weeks тому47:34

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Linda Chavez, Chairman for the Center for Equal Opportunity, moderates a discussion between the Heritage Foundation’s Senior Legal Fellow, GianCarlo Canaparo and Dan Morenoff, Executive Director of the American Civil Rights Project. They discuss President Trump’s orders relating to civil rights enforcement and discrimination (including discrimination touted as serving “diversity,” “equity,” “inclusion,” “accessibility,” and “environmental justice,” among others).…

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Tech Roundup Episode 23 - Privacy and Safety: Key Arguments of the Age Verification Debate 43:33

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On January 15, the Supreme Court heard oral arguments for Free Speech Coalition, Inc. v. Paxton, a case involving Texas H.B. 1181, which is a law that imposes an age-verification requirement for adult sexual content websites. While content filtering has been used in the past by parents to regulate their children’s access to adult websites, the rapid advancement of technology in the past 20 years has raised concerns about the success of content filtering. The age verification requirement poses a more effective alternative, but if implemented, it could have implications for privacy concerns and free speech rights. Jennifer Huddleston from the Cato Institute is joined by Clare Morell of the Ethics and Public Policy Center, Bailey Sanchez of the Future of Privacy Forum, and Shoshana Weissmann of the R Street Policy Institute, to discuss the advantages and disadvantages of age verification laws, the policy implications of H.B. 1181, and the potential outcome of the Supreme Court case.…

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Explainer Episode 83 - The Failed JetBlue-Spirit Merger: The Past and Present Approach to Mergers 27:11

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In November 2024, Spirit Airlines filed for bankruptcy after a federal judge blocked their proposed merger with JetBlue Airlines earlier that year. Far from simply impacting travel plans, however, the failed merger shows the Federal Trade Commission's recent focus on efficiency. Former FTC General Counsel Alden Abbott joins the podcast to discuss the antitrust background of the case, and whether such federal interference actually benefits consumer competition.…

RTP's Fourth Branch Podcast

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Deep Dive Episode 302 - Department of Government Efficiency: Opportunities and Challenges (Part I) 58:06

18 weeks тому58:06

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President-elect Trump has announced that entrepreneurs Elon Musk and Vivek Ramaswamy will lead a new Department of Government Efficiency “to cut the federal government down to size.” In a Wall Street Journal op-ed last month, Musk and Ramaswamy promised DOGE would yield “a drastic reduction in federal regulations” that would pave the way for “mass head-count reductions across the federal bureaucracy.” So far, however, there are questions about the specifics of how the new president would nullify thousands of regulations. Hon. Susan Dudley discusses what the future of DOGE may look like in an article for Forbes and a second piece in the Wall Street Journal. In addition, Prof. Nicholas Bagley discusses DOGE in his article for The Atlantic. Please join us on December 19 at 3 PM EST, as this panel will provide a practical overview of how DOGE might operate to reduce regulations, and the opportunities and challenges it will face. Featuring: Hon. Susan Dudley (Moderator), Founder, GW Regulatory Studies Center & Distinguished Professor of Practice Trachtenberg School of Public Policy & Public Administration, George Washington University Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School Prof. Christopher Walker, Professor of Law, University of Michigan Law School…

RTP's Fourth Branch Podcast

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Deep Dive Episode 303 - Department of Government Efficiency: Opportunities and Challenges (Part II) 57:23

18 weeks тому57:23

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President-elect Trump has announced that entrepreneurs Elon Musk and Vivek Ramaswamy will lead a new Department of Government Efficiency (“DOGE”). In a Wall Street Journal op-ed this past November, the pair explained that they have a sweeping mandate to cut the overreaching contra-constitutional federal bureaucracy “down to size” and “deliver a federal government that would make our Founders proud.” They said they will first focus on identifying executive actions that can be taken to rescind “thousands” of regulations that exceed the statutory authority of the issuing agencies. These dramatic regulatory rollbacks will support significant agency staff reductions in force and other cost-saving administrative reforms. Musk and Ramaswamy alsopromised that DOGE will cut the size and cost of government by challenging the constitutionality of the 1974 Impoundment Control Act and identifying executive actions that can be taken to materially improve the cost-effectiveness of the government’s procurement process. The panel discussion in Part One of this program, Department of Government Efficiency: Opportunities and Challenges (Part I) discussed the main challenges that DOGE will face as it attempts to fulfill its sweeping mandate within the eighteen-month time limit set for the task. These challenges include the certainty that widespread resistance to DOGE will be mounted by interests benefitting from the status quo, the complexity and length of the typically contested process required to rescind existing regulations, and the strength of the widely held conflicting belief that administrative reform efforts should be focused on improving regulation rather than simply eliminating regulation. Part II of this program will continue a discussion of the challenges that DOGE will face, and will also identify some specific executive actions that could mitigate at least some of these challenges. Featuring: Abhishek Kambli, Deputy Attorney General, Office of the Kansas Attorney General J. Kennerly Davis, Senior Attorney, Former Deputy Attorney General for Virginia (Moderator) Casey Mattox, Vice President, Legal Strategy, Stand Together…

RTP's Fourth Branch Podcast

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Explainer Episode 82 - Is Gender Dysphoria a Protected Disability? 48:47

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In this episode, Rachel Morrison from the Ethics and Public Policy Center and Gregory Baylor from Alliance Defending Freedom discuss recent court and agency decisions. These experts discuss whether “gender dysphoria” is a “disability” under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Featuring: Gregory S. Baylor, Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom Rachel Morrison (Moderator), Fellow, Ethics and Public Policy Center…

RTP's Fourth Branch Podcast

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Explainer Episode 81 - State AG Litigation Against Federal Agencies: A Kansas Perspective 32:21

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State Attorneys General have been active in recent years in filing lawsuits against federal agencies. From cases like West Virginia v. EPA to Biden v. Nebraska, state AG lawsuits have prevented significant overreach by federal agencies. In the past year, the Office of the Kansas Attorney General has been one of the most active in this space. Abhishek Kambli and Erin Gaide from the Kansas AG's office discuss the litigation that their office has done this past year. They have filed lawsuits in cases such as Kansas v. Biden (later retitled Alaska v. Department of Education) that challenged the $475 billion student loan forgiveness plan called "SAVE" and Kansas v. Department of Education that challenged the new Title IX regulation that expanded the definition of sex to include gender identity. Abhishek Kambli and Erin Gaide discuss these and other cases in depth to provide a window into this unique type of litigation. Featuring: Abhishek Kambli, Deputy Attorney General, Kansas Office of the Attorney General Erin Gaide, Assistant Attorney General, Kansas Office of the Attorney General…

RTP's Fourth Branch Podcast

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Deep Dive 302: Is FTC Administrative Litigation Constitutional? 1:01:29

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Axon and Jarkesy have renewed scrutiny of the constitutionality and fairness of FTC’s administrative litigation. For example, the President cannot remove Administrative Law Judges nor FTC Commissioners, and FTC Commissioners both vote to issue the complaint and decide its merits in proceedings. Parties before the DOJ-Antitrust Division, on the other hand, go directly before an Article III judge, and avoid administrative litigation altogether. This panel, featuring the former FTC Acting Chairman, Commission advisors, and administrative law experts, discussed these and other constitutional challenges to FTC’s administrative litigation. If the courts ultimately uphold constitutionality, is Congressional reform warranted? Should FTC’s administrative tribunal be abolished altogether? Or are internal process reforms sufficient to afford fairer process? Keith Klovers' article, "Three Options for Reforming Part 3 Administrative Litigation at the Federal Trade Commission," as referenced in the discussion.…

RTP's Fourth Branch Podcast

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Immigration Enforcement, Business Compliance, and the Equal Access to Justice Act 30:59

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In this episode, Randel K. Johnson and Andrew Kilberg discuss the often ephemeral nature of the Rule of Law in immigration and other enforcement proceedings, with a particular focus on the challenges faced by small businesses when confronted with a heavy-handed bureaucracy and the practical difficulties of obtaining judicial review. The experts also examine the Equal Access to Justice Act (EAJA), considering potential legislative reforms to improve the ability of small entities to vindicate their rights before agencies and the courts while improving enforcement and maintaining accountability in regulatory matters. Featuring: Randel Keith Johnson, Immigration Academic Fellow, Cornell Law School Andrew Kilberg, Partner, Gibson Dunn…

RTP's Fourth Branch Podcast

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Explainer Episode 79- Don't Chase Rabbit Trails: The SEC Now and in the Next Administration 51:48

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In this episode, financial experts look back on recent SEC regulation, enforcement, and litigation, as well as their predictions for the next SEC leadership under a second Trump administration. C. Wallace DeWitt, Securities lawyer Brian Knight, Director of Innovation and Governance and Senior Research Fellow, Mercatus Center at George Mason University Jennifer Schulp, Director of Financial Regulation Studies, Cato Institute’s Center for Monetary and Financial Alternatives…

RTP's Fourth Branch Podcast

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Deep Dive 301 - Exploring Tradeoffs: The Nexus Between Antitrust and Security 1:00:03

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Antitrust efforts have become prevalent in the courts and legislative bodies, both in the United States and abroad. A recent example is the U.S. Department of Justice's case against Google for alleged anticompetitive behavior in its search business. Though cybersecurity and national security concerns are traditionally not included in antitrust efforts, the implications of such priorities should be carefully considered. Join a panel of leading security and antitrust experts for a discussion on recent antitrust actions, how security is directly and indirectly implicated, and considerations for the future.…

RTP's Fourth Branch Podcast

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Explainer Episode 78 - An Overview of Electric Industry Regulation 54:56

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RTP's Fourth Branch Podcast

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Deep Dive 300 - A Debate on Separation of Powers: Was SEC v. Jarkesy Rightly Decided? 1:00:07

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RTP's Fourth Branch Podcast

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Explainer Episode 77 - State Regulatory Reform and Overcoming Regulatory Inertia 34:19

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Tanner Jones and Jonathan Wolfson from the Cicero Institute discuss their co-authored paper titled "Restoring Legislative Authority: A Balanced Approach to Agency Deference." They explore the implications of the Chevron deference decision and the Loper Bright case. The conversation addresses the impact of these decisions on administrative law, regulation, and specifically on the states.…

RTP's Fourth Branch Podcast

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Deep Dive 299 - How Does AI Affect Rulemaking? 1:00:07

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RTP's Fourth Branch Podcast

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Deep Dive 298: What Should The Next Administration Do About AI? 59:32

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RTP's Fourth Branch Podcast

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Deep Dive 297 - Climate Disclosure Litigation: Examining Legal Battles Against California and the SEC 1:06:26

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A panel of distinguished legal scholars and practitioners will provide an overview of the current landscape of litigation surrounding climate disclosure regulations. Experts will discuss the legal challenges facing both the SEC’s climate disclosure rule and California’s SB 253 and 261. Panelists will address the legal questions raised during litigation over climate disclosure regimes, as well as the regimes’ implications for corporate governance, consumers, and investors. Featuring: Victor B. Flatt, Coleman P. Burke Chair in Environmental Law, School of Law, Case Western Reserve University Stephen W. Hall, Legal Director and Securities Specialist, Better Markets Trent McCotter, Partner, Boyden Gray PLLC [Moderator] Marc Marie, Policy Fellow, Regulatory Policy, Americans for Prosperity…

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Explainer Episode 76 - Examining State AGs' Use of Outside Counsel 49:27

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