Blog

There are many reasons why Senate Republicans’ recent decision to defy the parliamentarian and repeal California’s Clean Air Act waivers using the Congressional Review Act (CRA) was objectionable. But one objection that hasn’t received enough – any? – attention is how legislative gimmicks like the CRA contribute to the broader problem of congressional dysfunction.

Never before in our lifetimes has the rule of law felt so tenuous. These are not normal times for a research and advocacy organization dedicated to “harnessing the power of law and public policy to create a responsive government, healthy environment and just society.” Many of the policy ideas that we have championed — for example, worker safety protections, a fair regulatory system, climate actions that address equity concerns — have been adopted in some form. And today, these policies, as well as the democratic institutions which enforce them, are under threat.

In April, the Trump administration published an executive order (EO) boosting the coal industry in hopes of a grand revival for an energy source that has been in stark decline since more cost-effective sources, including gas and renewables, drove it from its peak nearly two decades ago. Included in this order was a two-year exemption to a rule that would have required some of the country’s most polluting power plants to reduce emissions of mercury and other hazardous air pollutants that harm our health.

Since our last update (March 18), we have seen some small changes regarding CRA resolutions. There have been no new resolutions signed into law (only two so far), and there are now seven resolutions that have passed one chamber. This means that in addition to the six resolutions that had already cleared one chamber (you can see our previous update for a detailed description of those resolutions), there have been votes on four other resolutions.

The second Trump administration’s disastrous early-term actions do nothing to address the economic inequality that our political classes have long ignored. In its first two weeks, the administration has withdrawn from the Paris Climate Accords, reversed federal initiatives on environmental justice, withheld public health information, frozen spending on environmental and climate mitigation programs, threatened to withhold federal disaster aid, and just recently threatened to fire more than 1,000 U.S. Environmental Protection Agency (EPA) workers who focus on climate and environmental enforcement.

A sleeper provision in one of President Donald Trump’s executive orders attempts to revolutionize the way the National Environmental Policy Act (NEPA) operates and cut environmental review to a minimum.

The U.S. Congress is back and the U.S. House of Representatives is already roiling, as exemplified by the lobbyists and pundits who trail members and staff through the halls and into their offices. Republicans are already desperate to regain momentum after tripping out of the starting gate, even astride their newly minted control of both ends of Pennsylvania Avenue—a “trifecta” in Washington lexicon. Many backroom negotiations are inevitable, and the idea that a massive legislative package will be easier to pass could run into the reality that members will want innumerable concessions to take tough votes. The process will bog down, and Republicans must find something else to do. Senator Mitch McConnell (R-Ky.) has already fingered the most promising possibility—killing Biden Administration rules under the Congressional Review Act (CRA). The CRA allows narrow majorities in Congress to pass “resolutions of disapproval” for recently issued final rules.

Widely available clean drinking water is something that we usually take for granted. One of the main reasons is that the vast majority of the U.S. population has access to public water systems, which are in charge of providing safe drinking water to their users. However, in many parts of the country, particularly rural communities, people rely on private wells for sourcing their drinking water, which broadly lack regulatory safeguards for public health and well-being. This is particularly striking in Virginia, where 22 percent of the population relies on water supplied by a private well, with the share of private well use reaching upwards of 80 percent of the population in the Commonwealth’s most rural counties. As we explore in a new report, there is little comprehensive information on the distribution and severity of nitrate contamination in private well systems in Virginia.

They say that history never repeats itself, but it often rhymes. As in many sequels, there will be many things we’ve seen before. Much of that consisted of an all-out attack on environmental law. If you hated the original, you won’t enjoy watching the same thing the second time around. But there are a few additions to the cast and some new backdrops on the set. Today, I’m going to talk about some areas of continuity.