Project 2025 Envisions Congressional Override of Biden Era Regulations

Paper #2 in Monograph Series

UC Berkeley’s Center for Law, Energy, & Environment (CLEE) is sponsoring a series of papers evaluating aspects of Project 2025, The Heritage Foundation publication, entitled “Mandate for Leadership: The Conservative Promise,”  which is being followed to a significant degree as a blueprint for the Trump Administration.

CLEE published excerpts from the 922 page Project 2025 document related to climate change and environment, here.  Monograph Paper #1 on Overriding Civil Service is here.

The second paper in our Monograph series focusing on aspects of Project 2025 is: “The Congressional Review Act: Regulations Can Be Eliminated by Act of Congress,” available here.

Samir Abdelnour and Isaac Shapiro authored the paper.  Samir is the Director of Pro Bono and Social Impact at Hanson Bridgett LLP and a Partner in the firm’s Real Estate and Environment Section as well as an  Advisory Board Member for CLEE.   Isaac is an attorney in the Public Agency / Government Section at Hanson Bridgett LLP, focusing on supporting the legal needs of public transit agencies of all sizes.

As the Paper states:

The Congressional Review Act (CRA) and its lookback period provide an avenue for a wave of deregulation when the White House and Congress switch parties. The Biden Administration’s aggressive regulatory calendar should protect the majority of the regulatory actions against potential Resolutions of Disapproval under a Republican Congress and presidency in 2025. However, from examining the usage of the CRA under the first Trump Administration, it can be expected that the second Trump Administration will attempt to expand the use of the CRA by attempting to overturn regulatory guidance documents and prevent future administrations from issuing similar ones.

We encourage everyone to read the full Paper.