Since our last update on June 17, there have been few noteworthy developments regarding Congressional Review Act (CRA) resolutions, which is consistent with our expectations based on the timing for the consideration and voting of resolutions, as well as the ongoing negotiations on the “one big beautiful bill.”
On June 20, President Trump signed two more resolutions into law: S.J.Res.13, targeting a rule by the Office of the Comptroller of the Currency relating to the review of applications under the Bank Merger Act, and S.J.Res.31, targeting a rule by the Environmental Protection Agency relating to Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act.
With the repeal of these two rules, Congress matched the number of CRA resolutions signed into law by Trump during his first term (16). These are likely the last resolutions that will make it to the president’s desk.
In addition to our ongoing monitoring of the situation, we will soon be releasing a comprehensive analysis of the use of the CRA by this Congress, highlighting how the law undermines scientific and economic expertise of agency personnel, as well as the democratic dimension of the process.
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Federico Holm | June 30, 2025
Since our last update on June 17, there have been few noteworthy developments regarding Congressional Review Act (CRA) resolutions, which is consistent with our expectations based on the timing for the consideration and voting of resolutions, as well as the ongoing negotiations on the “one big beautiful bill.”
Alejandro Camacho, Robert L. Glicksman | June 30, 2025
NEPA requires government agencies to use a transparent process with meaningful public participation to consider the potential environmental effects of their actions before committing to them. It is one of the United States’ bedrock environmental protection statutes and has been so widely emulated in other countries that it has become known as the “Magna Carta” of global environmental law. In the U.S., however, NEPA has recently been the subject of withering scrutiny and attack by critics across the political spectrum. Its opponents have called for the narrowing of NEPA’s scope and the “streamlining” of its processes, charging that the Act’s core mandate to “look before you leap” has spun out of control and created unintended and massive obstacles to approval of critical infrastructure.
Bryan Dunning, Federico Holm | June 23, 2025
In a recent post, we highlighted how the Trump administration's executive orders (EOs) boosting the coal industry will likely not accomplish their hopes for “revival,” as the basic economics of coal generation cannot be modified by executive order, despite Trump’s or Lee Zeldin’s desires. What these policies will achieve, ultimately, is releasing coal-fired power plant operators from any obligation not to harm the communities where they operate.
Minor Sinclair | June 18, 2025
Five years ago, our board of directors instituted term limits for its members. This was a major decision for a 22-year-old organization that relied on the ongoing commitment of its five founders, all professors of law. Board members have stepped down while others have joined, and the process of renewal and transition has been healthy for the organization. In this context, we’re thrilled to announce the election of four new members to our growing board of directors — two Member Scholars and two independent members. Through each of their commitments to justice, solidarity, and democracy, they embody the deepest values of our organization.
James Goodwin | June 18, 2025
Over the course of this series, I have explored President Donald’s Trump’s comprehensive effort to build from a scratch a new regulatory system that systematically favors his administration’s anti-regulatory agenda. As part of this campaign, he has issued several executive orders that fundamentally distort the key building blocks that comprise our regulatory system: law, science, economics, and the career civil service. In the earlier posts, I examined the executive orders specifically affecting the first three of those building blocks. In this final post, I examine Trump’s efforts to remake the civil service.
Federico Holm | June 17, 2025
Since our last update on May 27, we have seen a slowdown in developments regarding Congressional Review Act (CRA) resolutions, which is consistent with Senate timelines for considering and voting on joint resolutions. However, there has been one key development that closes a chapter opened on April 2, when House Republicans decided to use CRA procedures to undo the waivers issued by the U.S. Environmental Protection Agency (EPA) to California.
James Goodwin | June 17, 2025
In the first post of this series, I began detailing President Donald’s Trump’s comprehensive effort to build from a scratch a new regulatory system that systematically favors his administration’s antiregulatory agenda. As I explained, he has issued several executive orders that fundamentally distort the key building blocks that comprise our regulatory system: law; science; economics; and the career civil service. In the first post, I examined the executive orders specifically affecting the “law” building block. In this post, I examine the next two building blocks: science and economics.
Catalina Gonzalez | June 16, 2025
However dispiriting the federal pullback of critical climate funding currently feels, it’s essential to play the long game and continue to develop effective strategies for an ongoing clean energy transition.
James Goodwin | June 16, 2025
During his first term, President Donald Trump encountered for the first time the modern regulatory system that Congress has slowly built up over the last century. What he found was that its commitment to rule of law principles, democratic input, and reason-based decision-making presented a formidable barrier to his administration’s agenda of rolling back protective measures that millions of us depend on to keep our workplaces safe, our drinking water free of contaminants, and our bank accounts guarded against cheats and scams. That experience clearly left an impression. With the help of Office of Management and Budget Director Russ Vought and other White House advisors, Trump has spent the first few months of his second term issuing a dizzying array of executive orders aimed at building, piece by piece, the kind of regulatory system that he would like to have — one that is strongly biased against promoting the public interest.