News & Analysis as of

Environmental Protection Agency (EPA) Congressional Review Act

Cozen O'Connor

Republican AGs Support End of California Vehicle Emission Regulations

Cozen O'Connor on

Iowa AG Brenna Bird led a group of 26 Republican AGs in filing two amici curiae briefs urging the dismissal of pending challenges to Environmental Protection Agency waivers allowing California to enforce its own vehicle...more

Robinson+Cole Environmental Law +

“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more

Baker Donelson

Endangerment Finding Reconsidered as Clean Air Waivers Are Targeted

Baker Donelson on

California's unique ability to set its own vehicle emissions standards under Section 209(b) of the Clean Air Act (CAA) is facing unprecedented legal and political challenges. At the center of the controversy is Congress's...more

Williams Mullen

Is the Once in, Always in Policy Finally Dead?

Williams Mullen on

EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within...more

Alston & Bird

Change is in the Air for Greenhouse Gas Vehicle Emissions Standards

Alston & Bird on

Our Environment, Land Use & Natural Resources Group examines recent federal actions that may reshape federal greenhouse gas (GHG) vehicle emissions standards as well as California’s and other states’ authority to set and...more

Williams Mullen

Environmental Notes - July 2025

Williams Mullen on

Is the Once in, Always in Policy Finally Dead? EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more

Holland & Knight LLP

Supreme Court Clarifies Standing for Regulatory Challenges in Diamond Alternative Energy v. EPA

Holland & Knight LLP on

The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

Jenner & Block on

The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Hogan Lovells

Senate effectively blocks California’s “EV Mandate” and related waivers using Congressional Review Act

Hogan Lovells on

On May 22, 2025, the Senate passed several joint resolutions to disapprove the Environmental Protection Agency’s (EPA’s) Clean Air Act (CAA) waiver of preemption for California’s Advanced Clean Cars II (ACC II), Advanced...more

Holland & Knight LLP

Up in the Air: Challenges to California's Clean Air Act Preemption Waiver

Holland & Knight LLP on

When it comes to regulating motor vehicle emissions, California has long been different. California was the first state in the nation to enact tailpipe emission standards and as result of its "pioneering" efforts in the...more

Bergeson & Campbell, P.C.

The Clock Is Ticking for Republicans to Use the Congressional Review Act

Congress has approximately one month to use the Congressional Review Act (CRA) to undo qualifying Biden Administration-issued regulations. According to an updated analysis by Bloomberg Government, the estimated period to...more

Bergeson & Campbell, P.C.

House Leadership Announces Priorities for Congressional Review Act Action; No TSCA Rules Are in the Top Ten Targets

Much has been written about the Congressional Review Act (CRA), which Congress can use to repeal qualifying federal agency actions. The CRA was enacted as part of the Small Business Regulatory Enforcement Fairness Act of 1996...more

Venable LLP

Congressional Review Act Weekly Update: Summary of Legislative Activity Related to Environmental and Natural Resources Regulations

Venable LLP on

Members of the House and Senate are beginning to introduce joint resolutions calling for the “disapproval” of specific environmental, energy, and natural resources regulations pursuant to the Congressional Review Act. The...more

Perkins Coie

Two Tools for Trump To Dismantle Biden-Era Rules: the Regulatory Freeze and the Congressional Review Act

Perkins Coie on

President Donald Trump has issued a presidential memorandum, which has the effect of an Executive Order, titled “Regulatory Freeze Pending Review“ (the Regulatory Freeze). This Regulatory Freeze puts a hold on new agency...more

Morgan Lewis

US Congress Employs Congressional Review Act to Target EPA Final Rule on TCE

Morgan Lewis on

Republican lawmakers introduced on January 22, 2025 a Congressional Review Act (CRA) resolution to overturn a US Environmental Protection Agency rule limiting the use of trichloroethylene (TCE) under the Toxic Substances...more

Bergeson & Campbell, P.C.

Congressional Review Act: Resolution of Disapproval of EPA’s TCE Rule Introduced in the House of Representatives

Representatives Diana Harshbarger (R-TN) and Mariannette Miller-Meeks (R-IA) introduced H.J. Res. 27, a resolution expressing congressional disapproval of the U.S. Environmental Protection Agency’s (EPA) rule on...more

Venable LLP

Anticipated Changes to Automotive Regulations under the Second Trump Administration

Venable LLP on

As President-elect Donald Trump prepares to assume office, the administration is signaling a shift in regulatory policy that could have sweeping implications for the automotive and advanced mobility industries. ...more

Holland & Knight LLP

The Impact of a Trump EPA on California's Mobile Source Rules

Holland & Knight LLP on

Under Clean Air Act (CAA) Section 209(a) (42 U.S.C. § 7543), states are preempted from adopting or enforcing emissions standards for new motor vehicles or new motor vehicle engines. However, because California had adopted its...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update | December 15 - December 21, 2024 #2

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Beveridge & Diamond PC

Strategies for Navigating the Rule Revocation Process under the Congressional Review Act and Executive Branch Mechanisms

Beveridge & Diamond PC on

The Congressional Review Act (CRA) provides an expedited process by which Congress can adopt a resolution of disapproval that overturns agency rulemakings, guidance, and similar decisions. At the start of the first Trump...more

ArentFox Schiff

Why the Congressional Review Act May Play a Major Role in Early Weeks of the Trump Administration

ArentFox Schiff on

There is significant potential that the Congressional Review Act (CRA) will play a prominent role in the early weeks of the Trump Administration. Below, we will break down what the CRA is, when it applies, and how it may be...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: White House and Congressional Republicans Poised to Use the Congressional Review Act for Swift Regulatory Rollback

With unified control of Congress and the White House, Republicans are primed to use the CRA to swiftly overturn regulations promulgated in the final months of the Biden Administration. The Congressional Review Act (CRA)...more

Vinson & Elkins LLP

Outlook on the New Administration: EPA’s Environmental Agenda in the Energy Sector

Vinson & Elkins LLP on

During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more

Brownstein Hyatt Farber Schreck

The Congressional Review Act: What It Is and How It Might Be Used in the 119th Congress

Republicans will soon find themselves in in control of the entire federal government—the White House, the Senate and the House of Representatives—for the first time since 2018. This new power dynamic in Washington has already...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0

An Initial Roundup of Key Policy Issues and Expectations The re-election of Donald Trump—empowered by at least a Republican-led Senate—marks a significant political and administrative change in the United States, with...more

68 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide