Congressional Review Act
How much does the Congressional Review Act preclude follow-up regulation?
Most people probably never heard of the Congressional Review Act before now. This law — “CRA” to Beltway folks — is an obscure statute — previously used only once — that allows Congress to strike down an agency rule with an expedited procedure (no filibuster). The GOP is gleefully taking advantage of its control of the …CONTINUE READING
Q: Can the Dems scrounge up the votes to block anti-environment actions? A: Maybe.
Paul Ryan and Donald Trump have vowed to roll back many environmental protections. The Senate seems to be the one barrier against anti-environmental moves by Congress. How strong is that barrier? The answer depends in part on whether the filibuster option remains open. If the filibuster rule remains intact, the Democrats’ 48 votes in the Senate …CONTINUE READING
Alaska Senator Lisa Murkowski has introduced a resolution under the Congressional Review Act to disapprove EPA’s Clean Air Act endangerment finding for greenhouse gases, which in turn would remove the basis for Clean Air Act regulation. It’s not going to pass or be signed by the President, of course, but the resolution is designed to …CONTINUE READING
(Cross-posted at the Center for Progressive Reform blog.) The Bush administration’s last-minute ESA (non)consultation rule is getting almost as much attention now as it did during the comment period. Then, the administration reportedly received more than 300,000 comments, the vast majority of them negative. Those objections were, of course, quickly swept under the proverbial rug …CONTINUE READING
Nick Rahall (D – W.Va.), joined by 12 co-sponsors, has introduced a joint resolution under the Congressional Review Act to overturn the Bush administration’s midnight regulations on ESA section 7 consultation. Some of the many problems with the new regulations have been explained in comments submitted by Berkeley Law profs Eric Biber (coordinating the work …CONTINUE READING