Overnight Regulation: EPA removes 7 sites from Superfund list | FTC approves settlement with Lenovo over privacy charges | Trump takes credit for air travel safety record | Coal mining deaths double in 2017

View in your browser     Welcome to Overnight Regulation, your daily rundown of news from the federal agencies, Capitol Hill, the courts and beyond. It's Tuesday night, and hey, Happy New Year, everyone! The 2018 midterm news started off big today with the longest-serving GOP senator in U.S. history, Sen. Orrin Hatch (R-Utah), announcing plans to retire. And in the House, a fourth term-limited chairman, Rep. Bill Shuster (R-Pa.), announced he won't seek re-election. Shuster leads the House Transportation Committee.   THE BIG STORY: The Environmental Protection Agency (EPA) partially or completely removed seven sites from its Superfund list last year. The Superfund is part of a federal program which helps to clean up land that has been polluted with hazardous waste. The deletions of sites in 2017 -- four partial and three complete -- mean that the EPA judged those sites sufficiently cleaned up from past pollution. EPA Administrator Scott Pruitt is touting the deletions as a victory in his mission to chip away at the 1,300 or so sites for which the agency is overseeing cleanups. "We have made it a priority to get these sites cleaned up faster and in the right way," Pruitt said in a Tuesday statement. Background: Deletion from the Superfund list requires agreement both by the EPA and the state that a cleanup is complete, a public comment period before deletion and approval from EPA headquarters in Washington. Some former Superfund sites can be reused for new development, which is a goal of the program and an emphasis of Pruitt's efforts. Timothy Cama has the story.   REGULATORY ROUNDUP: Tech: The Federal Trade Commission (FTC) on Tuesday approved a settlement with computer manufacturer Lenovo over charges it violated user privacy with software that came preloaded on its computers. The commission voted 2-0 to approve the settlement it reached in September with the company. "Lenovo compromised consumers' privacy when it preloaded software that could access consumers' sensitive information without adequate notice or consent to its use," acting FTC Chairwoman Maureen Ohlhausen said in a statement at the time. "This conduct is even more serious because the software compromised online security protections that consumers rely on." Background: Between August 2014 and February 2015, Lenovo laptops came preloaded with software called VisualDiscovery, a program developed by the now-defunct advertising company Superfish. The FTC found that VisualDiscovery delivered pop-up ads from its retail partners to consumers while accessing their sensitive personal information, like Social Security numbers and financial data. Harper Neidig reports.   Transportation: President Trump took credit for the safest year on record in commercial aviation.   "Since taking office I have been very strict on Commercial Aviation. Good news - it was just reported that there were Zero deaths in 2017, the best and safest year on record!" Trump tweeted Tuesday. The president did not detail what steps he took to improve airline safety. His highest-profile initiative -- privatizing air-traffic control -- stalled in Congress. Jordan Fabian has the story.   More on the record safety year... Zero deaths were reported for passenger jet travel in 2017, making it the safest year on record for commercial aviation, according to the Dutch aviation group To70 and the Aviation Safety Network. Reports released from the two groups on Monday said that there were no deaths aboard commercial passenger jet airplanes in 2017. "2017 was the safest year for aviation ever," said To70's Adrian Young. The last fatal commercial jet crash in the U.S. occurred in 2009, when a passenger jet crashed in Clarence Center, N.Y., killing 50 people. The last fatal commercial jet crash worldwide occurred in Medellin, Colombia, in November 2016 and killed 71 people. More from The Hill's John Bowden.   Environment: Delaware's state government is threatening to sue the Environmental Protection Agency (EPA) for not approving four requests to crack down on out-of-state air pollution. The state's Department of Natural Resources and Environmental Control says that four specific coal-fired power plants in Pennsylvania and West Virginia are contributing to ozone pollution in Delaware and that the EPA has a responsibility under the Clean Air Act to force them to control their pollution better. "The Clean Air Act entitles Delaware to relief from upwind pollution and the remedy we are seeking is reasonable and within EPA's authority and responsibility to grant," Gov. John Carney (D) said in a statement. Delaware officials filed four petitions with the EPA in 2016 -- one for each power plant -- asking the agency to take action under the "good neighbor" provision of the Clean Air Act. The EPA extended its deadlines to respond to the petitions by six months, but did not decide whether to grant or deny them. More from Timothy Cama here.   Energy: Workplace deaths in the coal mining industry doubled in 2017, increasing to their highest point in three years. A total of 15 miners died on the job in 2017, Mine Safety and Health Administration (MSHA) data show, compared with eight in 2016. That year saw the fewest mining deaths since records began. West Virginia saw the bulk of the 2017 miner deaths, with eight. The Senate last month approved David Zatezalo, a former coal mining executive, to lead MSHA, the main agency responsible for coal mine safety. Timothy brings you the story.   Tech: The European Union's antitrust watchdog said in an interview published Tuesday that her office plans to scrutinize how corporations control large amounts of data. Margrethe Vestager, Europe's competition commissioner, told The Wall Street Journal that she is concerned with how large companies can use their access to mass datasets of consumers to hurt potential competitors. "In some areas, these data are extremely valuable," Vestager said in an interview with the Journal. "They can foreclose the market -- they can give the parties that have them immense business opportunities that are not available to others." Harper reports.   Tech: Germany will fine social media firms that don't remove hateful content. Germany has begun enforcing a new law that mandates that social media firms must swiftly remove hate speech, hoax stories and illegal content from their platforms. If not, they will face a fine. Social media firms with at least 2 million users will have 24 hours to remove material that has been flagged to them and could see fines up to 50 million euros if they don't. The law, known as NetzDG in Germany, was created to target large sites like Facebook, Twitter and YouTube, according to the BBC, but will also affect platforms like Reddit, Tumblr and potentially others. Read Ali Breland's piece here.   And the new year brings new (or renewed) fights. Here's what we're watching: Finance: Republicans have made limited progress on President Trump's pledge to "dismantle" the Dodd-Frank Act, which the GOP had hoped to gut by the end of 2017. But the GOP and independent regulators could still make critical changes to key parts of the law's legacy. With a conservative new director for the consumer protection bureau, bipartisan interest in amending parts of Dodd-Frank and the GOP focused on pulling back a few key rules, read up on the five ways finance laws could change in 2018.   Technology: Technology firms are facing tough regulatory fights in the coming year after a turbulent 2017. Emerging technologies, such as self-driving cars and digital currencies, are at a crossroads with new scrutiny and growing calls for tougher rules. The fight over net neutrality is now headed to the courts after the Federal Communications Commission voted to repeal the Obama-era internet rules. In another high-profile legal fight, the federal government is fighting to block the megamerger between AT&T and Time Warner. With the midterms looming, lawmakers are also looking at ways to prevent a repeat of Russia's 2016 election interference. Read up on the five regulatory fights the tech world will be watching closely in the coming year.   IN OTHER NEWS Proposed changes to offshore drilling rules raise safety questions (The Wall Street Journal) What to watch on the fiduciary front in 2018 (The Wall Street Journal) The Trump effect: Business, anticipating less regulation, loosens purse strings (The New York Times) FDA issues recall on Johnson & Johnson heart device (Reuters) US drug approvals hit 21-year high in 2017 (Reuters)   Send tips, comments and your 2018 predictions on over to rroubein@thehill.com and follow me on Twitter @rachel_roubein.         Did a friend forward you this email? Sign up for Regulation Newsletters     Forward Regulation Newsletters       Privacy Policy  |  Manage Subscriptions  |  Unsubscribe  |  Email to a friend  |  Sign Up for Other Newsletters   The Hill 1625 K Street, NW 9th Floor, Washington DC 20006 ©2016 Capitol Hill Publishing Corp., a subsidiary of News Communications, Inc.

Marketing Day: Germany fights illegal content on social networks, 2018 email trends & more

Featured story

Social networks to face huge fines in Germany for not removing 'illegal content' in 24 hours   Jan 2, 2018 by Greg Sterling While the law doesn't necessary expand what's considered "illegal content" in Germany, critics worry it will turn social networks into opinion police.

From Marketing Land

7 email trends to watch in 2018   Jan 2, 2018 by Kyle Henderick As we head into 2018, columnist Kyle Henderick predicts the trends that will have the biggest impact on your email marketing program over the next 12 months.

Alibaba's UC browser beating Google Chrome in Indian mobile market   Jan 2, 2018 by Greg Sterling The browser's ad-blocking feature is driving a significant percentage of global ad blocking and is a potentially meaningful threat to ad revenue.

Empowered consumers are searching for the best and worst brands before they buy   Jan 2, 2018 by Brian Solis With mobile devices, people are searching in real time for negative experiences to make decisions. CMOs, are you prepared? Contributor Brian Solis discusses the benefits of building consumer trust.

Recent Headlines From MarTech Today, Our Sister Site Dedicated To Marketing Technology

Who's listening? Apple's new podcast analytic feature knows   Jan 2, 2018 by Robin Kurzer The new dashboard is in beta and is only available for iOS 11 devices.

DialogTech adds multichannel analytics with its purchase of dashboard provider Swydo   Jan 2, 2018 by Barry Levine The Chicago-based firm says this is the first time a call analytics provider is offering drag-and-drop reports from other platforms.

Going deep with deep learning: Martech insights, action & impact   Jan 2, 2018 by Andy Betts Columnist Andy Betts walks you through the ins and outs of deep learning and explains why it's set to be a game-changer for marketing programs.

For more marketing news from around the web, check out the full Marketing Day article on our site.

Search Engine Land's SMX West returns to the West Coast March 13–15, 2018 in San Jose Attend SMX West for actionable tactics to drive your SEO and SEM campaigns. If you're obsessed with SEO and SEM, don't miss this opportunity to learn from the experts. View pass options and register today!

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Overnight Health Care: House GOP eyes entitlement reform, ObamaCare repeal in 2018 | Hospital groups dig in over discount drug program | Medicaid becomes GOP target

View in your browser     House GOP whip: Entitlement reform, ObamaCare repeal on 2018 agenda ObamaCare repeal and entitlement reform are at the top of the agenda for House Republicans in 2018, Majority Whip Steve Scalise (R-La.) said Tuesday. "The next big thing you're going to see is a need for workers, and I think the next thing we can do is to go and reform those welfare programs that are trapping people in a failed welfare state," Scalise said on "Fox & Friends" on Tuesday morning. "Let's actually put some work requirements in place so that we can get people back to work, rebuild the middle class." House Speaker Paul Ryan (R-Wis.) has said recently that Republicans will focus on giving states "more flexibility in Medicaid," which could involve allowing them to impose work requirements on recipients. Scalise also indicated House Republicans would turn back to ObamaCare repeal in 2018. Senate Republican leaders, though, are throwing cold water on those goals. Read more here.   Hospital groups dig in after cuts to discount drug program Hospital groups are vowing to push forward in their fight against the Trump administration's changes to a federal drug discount program despite a setback last week. The American Hospital Association (AHA), America's Essential Hospitals and the Association of American Medical Colleges last year sued to block a rule from going into effect that would result in $1.6 billion in cuts to hospitals participating in the 340B Medicare drug discount program. A judge dismissed their suit as premature last week, saying the changes had not taken effect. But the groups now say they will push forward with the suit after the cuts took effect. Lobbyists and hospital groups are also pushing for Congress to reverse the rule through the government funding bill expected to pass in January or another must-pass bill. "Making cuts to the program, like those [the Centers for Medicare and Medicaid Services] has put forward, will dramatically threaten access to health care for many communities with vulnerable patients," said Rick Pollack, president and CEO of AHA. Read more here.   Medicaid is GOP target in 2018 Medicaid survived a serious congressional test last year, but changes at both the federal and state levels could make 2018 a crucial year. Republicans in Congress failed in their attempts earlier this year to impose drastic cuts to the program as part of ObamaCare repeal, but GOP lawmakers could try again next year. The tax bill that President Trump signed into law is projected to add $1 trillion to the federal deficit, making cuts to Medicaid an even more tempting target for some conservatives. "Medicaid is front and center in any budget exercises, and now that deficits have increased, it puts Medicaid squarely in the bull's-eye," said Joan Alker, the executive director of the Georgetown University Center for Children and Families. Speaker Paul Ryan (R-Wis.) has said he wants to bring down entitlement spending, saying in December that "health-care entitlements such as Medicare and Medicaid are the big drivers of debt." But any entitlement cuts from Ryan will likely face pushback from members of his own party, including Senate Majority Leader Mitch McConnell (R-Ky.). Medicaid covers nearly 75 million people, and the program has proven resilient in the face of conservative opposition. Read more here.   GOP set to shift tactics on ObamaCare in 2018 The politics surrounding ObamaCare will shift in 2018, with opponents and supporters of the health-care law expected to change tactics. With the GOP push to repeal ObamaCare possibly dead on arrival next year, conservative health-care experts say the White House and Republican Congress should focus instead on containing what they see as the law's damage. "It might be time for Republicans to recalibrate, to think more in terms of containment, which is containing itself in terms of its future growth and spread, rather than some type of radical rollback," said Tom Miller, a resident fellow at the conservative American Enterprise Institute think tank. Supporters of the law, in contrast, feel as if the Affordable Care Act has largely survived its first year in the face of a united GOP government committed to destroying it. They're hoping for a good election year that could bolster the health-care law's defenses going into 2019. Read more here.   Clinton: Short-term CHIP extension 'doesn't cut it' Hillary Clinton on Tuesday called on Senate Republicans to bring a full extension of the Children's Health Insurance Program to the floor for a vote. "This alleged extension until March doesn't cut it as states freeze enrollment & send out letters warning that coverage will end," the 2016 Democratic presidential nominee tweeted. Funding for CHIP expired at the end of September, and Congress has been locked in a partisan stalemate over how to pay for its renewal. Both parties support the program, but they have been unable to agree on how to offset its cost. Just prior to Christmas, Congress passed a short-term spending bill that extended CHIP through March 31, but states are likely to run out of money before then. Read more here   What we're reading GOP Obamacare quandary -- easy to hate, hard to kill (Politico) Republicans face a fresh fight over Obamacare: Repeal it or repair it?  (USA Today) Pharma, under attack for drug prices, started an industry war (Washington Post)   State by state Why Virginia Medicaid expansion could hinge on a drawing by lot (WVTF) With eyes on Medicaid, N.H. legislative leaders seek common ground (NHPR)   From the Hill's op-ed pages: With opioids, death is a symptom and unity is the cure     Send tips and comments to Jessie Hellmann, jhellmann@thehill.com; Peter Sullivan, psullivan@thehill.com; Rachel Roubein, rroubein@thehill.com; and Nathaniel Weixel, nweixel@thehill.com. Follow us on Twitter: @thehill, @jessiehellmann, @PeterSullivan4, @rachel_roubein, and @NateWeixel.         Did a friend forward you this email? Sign up for Healthcare Newsletters     Forward Healthcare Newsletters       Privacy Policy  |  Manage Subscriptions  |  Unsubscribe  |  Email to a friend  |  Sign Up for Other Newsletters   The Hill 1625 K Street, NW 9th Floor, Washington DC 20006 ©2016 Capitol Hill Publishing Corp., a subsidiary of News Communications, Inc.