Since our last update (March 10), we have crossed two important milestones regarding Congressional Review Act (CRA) resolutions: President Trump signed the first two resolutions into law, and the overall number of CRA resolutions introduced in Congress reached 60.
President Trump signed the first CRA resolutions of his second term into law
On March 14, the president signed into law:
The repeal of these two regulations represents a big win for fossil fuel interests. S.J.Res.11 targeted a Bureau of Ocean Energy Management rule that required companies to complete an archaeological assessment before drilling, in order to protect potentially relevant historical artifacts and sites, such as shipwrecks, from damage. This move makes it easier for companies to ignore historically sensitive sites and move on to expand drilling in the Outer Continental Shelf, resulting in increased environmental damage and greenhouse gas emissions. The Department of the Interior published a press release on March 15, celebrating the repeal of the rule and highlighting the need for “offshore lease sales to be regular, predictable, and at a level that allows us to maintain energy production.”
H.J.Res.35 targeted EPA’s rule implementing a fee on methane leaks from oil and gas. In the Inflation Reduction Act, Congress directed EPA to impose and collect a fee on methane emissions from large emitters in the oil and natural gas sector. This mandate to regulate methane emissions, however, is also at risk, as Republicans are currently trying to find a way to repeal the underlying legislative mandate. A multitude of companies, trade associations, and state and local governments complained about the workability and applicability of the rule during and after the rulemaking process, and its repeal has gained praise from Republicans on the House Committee on Energy and Commerce.
Congress has already introduced 60 CRA resolutions
As of March 17, legislators have introduced 60 Congressional Review Act (CRA) resolutions, including several that were introduced before the specified time cutoffs. So far, CRA resolutions have targeted 24 federal agencies. The Environmental Protection Agency continues to be the most targeted agency, with 10 CRA resolutions targeting finalized rules, followed by the Consumer Financial Protection Bureau (7 resolutions), the Department of Energy (6 resolutions), and the Department of Homeland Security.
We have continued to see some movement around some of the resolutions. In addition to the two signed into law, there are currently six resolutions that passed the first chamber:
Looking ahead, the Senate has placed four more resolutions on its legislative calendar. S.J.Res.7 targets a Federal Communications Commission rule retaining to “Addressing the Homework Gap Through the E-Rate Program,” S.J.Res.30 targets a National Park Service rule relating to “Glen Canyon National Recreation Area; Motor Vehicles,” and S.J.Res.4 targets a Department of Energy rule relating to “Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters.”
The Senate is also expected to vote on S.J.Res.31, which targets the Environmental Protection Agency rule relating to “Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act”. This rule aimed to ensure that certain major sources of air pollution maintain public health protections and promote transparency and accountability when major sources of hazardous air pollutants (HAPs) reclassify themselves as area sources under the National Emissions Standards for Hazardous Air Pollutants (NESHAP) program. The repeal of this regulation could have major impacts on the EPA’s ability to regulate pollution from major HAP sources.