Congressional Review Act

The Unique Legal Context of EPA Methane  Regulations

Three separate congressional actions intersect to support the regulations.

The government’s efforts to control methane have followed a complicated path, involving three different congressional actions:  section 111 of the Clean Air Act,  which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions.  The upshot is to …

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Wetlands Regulation in the Political Swamp

The Congressional Review Act remains bad for policy and worse for democratic deliberation.

Last December, the Biden administration issued a rule defining the scope of the federal government’s authority over streams and wetlands. Congressional Republicans vowed to overturn the rule, using a procedure created by the Congressional Review Act. If Congress is going to repeal something, it should be the Congressional Review Act rather than the Biden rule. …

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Congressional Cancel Culture

Once again, the Congressional Review Act rears its ugly head.  

The Congressional Review Act (CRA) provides a fast-track process for canceling regulations if they hit an ideological nerve or offend a powerful special interest. Congressional Republicans are busily trying use it to cancel environmental regulations. Earlier this month, the target was a regulation encouraging pension managers to consider the impact of climate risks on their …

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When Bad Things Happen to Good Regulations

When Bad Things Happen to Good Regulations - Legal Planet

The GOP’s effort cancel a pension reg illustrates the evils of the Congressional Review Act.

In their crusade against “wokeness,” congressional Republicans are taking aim at Labor Department rule about pension plan investments. The rule’s transgression is apparently that it makes easier for pension plans to consider how climate-related risks might affect a company’s bottom line. To avoid being woke, the GOP would apparently prefer pension managers to close their …

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Clarifying the Congressional Review Act

The Ninth Circuit rules on the preclusive effect of a CRA disapproval in a wilderness protection case.

Soon after Trump took office, Republicans used the Congressional Review Act (CRA) to overturn sixteen Obama-era regulations. If they win control of the government in 2024, they’ll undoubtedly do the same thing to Biden regulations. It behooves us, then, to understand the effect of these legislative interventions. A Ninth Circuit ruling last week in a …

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Climate News from Capitol Hill

There are small but hopeful signs of progress in overcoming legislative gridlock.

Over a decade ago, the Waxman-Markey carbon trading bill died in the Senate. President Obama then had to rely entirely on administrative actions to address climate change. Republicans united in a solid wall of violent opposition to climate action.  There are some hopeful signs that things may not be quite so tough for President Biden. …

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The Controversial Congressional Review Act

Biden has a congressional shortcut to cancel Trump’s regulatory rollbacks, but it comes with risks.

The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly – for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. He …

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The CRA is Back in Play

What you need to know about the Congressional Review Act and Trump’s regulatory legacy

This post is co-authored by Beth Kent and Cara Horowitz Last week’s Georgia Senate victories have given Democrats (bare) control of the Senate—and, with it, the potential to use the Congressional Review Act (CRA) to erase some of the Trump Administration’s regulatory rollbacks. Here are four key things to know about this unique legislative oversight …

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The Georgia Elections, the Republican Schism, and the Environment

The prospects for a green stimulus bill have improved

Although the word is overused, last week really did see a seismic shift in the political world. Actually, there were two earthquakes — the victories of Democrats Warnock and Ossoff in Georgia, and the violent invasion of the U.S. capitol incited by Trump.  While the significance of these events is much broader, their relevance to …

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Should a New Congress Use a Deeply Flawed Law to Cancel Trump’s Regulations?

The Congressional Review Act was Newt Gingrich’s brainchild. It should be repealed.

The Congressional Review Act (CRA), part of Newt Gingrich’s “Contract With America”, slumbered for many years in obscurity. Then, in 2017, Congress dusted it off and used it to kill fifteen Obama administration regulations. I’m not the first to ask whether there should be payback if the White House and Senate change hands. There are …

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