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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.

President Donald Trump has taken some dramatic steps in the name of improving use of NEPA, the statute governing environmental reviews of projects. The goal is to speed up the permitting process and make it more efficient. The reality is that his efforts will create chaos and uncertainty, with the likely effect of slowing things down.

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.

On February 25, the White House Council on Environmental Quality (CEQ) issued an interim final rule (IFR) rescinding the CEQ regulations implementing the National Environmental Policy Act (NEPA). On March 27, we submitted a comment, along with 25 other professors, identifying the severe challenges this rescission will create for critical infrastructure projects and other important federal activities.

While President Trump finds “tariff” one of the most beautiful words in the English language, I myself prefer “anti-backsliding.” Back in January, Trump told the U.S. Environmental Protection Agency (EPA) to roll back efficiency standards on everything from light bulbs to shower heads. Some news outlets viewed this as an accomplished task, with headlines like “Trump Rolls Back Energy Standard.” But, as it turned out, not only was it not a done deal, it was also legally impossible. The reason: an anti-backsliding provision.

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.