Notice & Comment

Results for: "congressional review act"

Notice & Comment

Unbound by Statute: The U.S. Senate, California’s Emissions Waivers, and the Congressional Review Act, by Greg Dotson

On June 12, 2025, President Trump signed three resolutions of disapproval in an effort to block California’s current air pollution emissions standards for cars and trucks. California and ten other states immediately filed suit in federal court, citing a number of statutory and constitutional claims in arguing that the resolutions were unlawful and asking a […]

Notice & Comment

More Thoughts on Why the Congressional Review Act Applies to EPA “Waivers” of Clean Air Act Preemption, by Michael Buschbacher & Jimmy Conde

Things don’t move fast in Washington—until they do. Just hours after we published our piece explaining why EPA waivers of Clean Air Act preemption are subject to congressional review under the CRA, GAO published a memo of “observations” taking the opposite view. In addition, UC Berkeley Professors Dan Farber and Eric Biber have explained in […]

Notice & Comment

The Congressional Review Act and the California Emissions Waiver: A Deeper Dive, by Daniel Farber

Congress will soon be deciding whether to use the Congressional Review Act (CRA) to overturn several EPA waivers that allow California to regulate vehicle emissions. There have been two important developments since I initially posted an explainer on Legal Planet about this issue. First, two lawyers, Michael Buschbacher and Jimmy Conde, posted a lengthy piece […]

Notice & Comment

Why the Congressional Review Act May Still Be Important, Even If Republicans Win the Senate

If current election results hold, it looks like Democrats will win the presidency, hold the House of Representatives, but lose the Senate (pending potential Georgia Senate runoff(s)). When the presidency most recently switched parties, congressional Republicans and President Trump extensively used the Congressional Review Act (CRA) to dissaprove Obama administration rules. Although Democrats may not […]

Notice & Comment

A Preemptive Grin Without the Statutory Cat?: Congressional Review Act Disapproval Resolutions & State Legislative Initiatives (Part II)

Pursuant to the Congressional Review Act (“the CRA”), Congress can adopt, with the President’s concurrence, a resolution disapproving an agency rule within 60 days of notification that the rule has been adopted.  Section 801(b)(2) of the CRA provides that disapproval resolutions preclude the agency from adopting “a new rule that is substantially the same as” […]

Notice & Comment

A Preemptive Grin Without the Statutory Cat?: Congressional Review Act Disapproval Resolutions & State Legislative Initiatives

The Congressional Review Act (“the CRA”)[1] establishes an expedited legislative process for preventing final agency rules from going into effect.  It provides a sixty-day period for Congress to adopt and the President to sign a resolution disapproving an agency rule.  5 U.S.C. §802(a).  If a disapproval resolution is adopted, the agency can neither “reissue [the […]

Notice & Comment

Don’t Write Off the Congressional Review Act Yet, by Susan E. Dudley

Last Wednesday, President Trump signed his fifteenth congressional resolution disapproving a federal regulation. This was notable not only because, prior to this year, only one such resolution had ever been enacted, but also because it was the first time a president had disapproved a regulation issued during his own tenure. This, along with new opinions […]

Notice & Comment

Revisiting Yesterday’s Rules: The Congressional Review Act, Agency Stays, and Beyond

On Thursday, September 7, I’ll moderate a free teleconference for the ABA Admin Law Section. Register here. It should be an interesting discussion about a timely issue: the Congressional Review Act and stays of rules. Here is the info: Revisiting Yesterday’s Rules: The Congressional Review Act, Agency Stays, and Beyond Both Congress and federal agencies […]

Notice & Comment

Unraveling Obama-Era Regulations on Day One with the Congressional Review Act, by Josh Blackman

Over the past two weeks, I have been asked more times than I can count how the Trump Administration can unravel the Obama Administration’s policies. My answer usually falls into one of three categories. First, policies that were instituted through guidance documents, such as executive memoranda and “Dear Colleague” letters, which I’ve called Government by Blog […]

Notice & Comment

More on the Congressional Review Act …

I have written about the Congressional Review Act before, so I will not repeat myself. Long story short, Congress will have the opportunity to review regulations promulgated by agencies late in the term of President Obama. This potentially matters a great deal. (Here is a link to Frequently Asked Questions about the CRA.) How the […]