Tracking the repeal of Biden regulations through the Congressional Review Act
Recent legislative actions by Republican lawmakers in the U.S.have focused on using the Congressional Review act (CRA) to repeal regulations established under former President Biden.This special legislative process allows Congress to overturn federal rules with a simple majority vote, bypassing the filibuster. As February, House Republicans have identified a number of Biden-era regulations they aim to eliminate, particularly those affecting environmental policies and energy production.
As of now, nearly 75 resolutions have been introduced targeting various regulations from agencies such as the Environmental Protection Agency and the Department of Energy. Notably, former President Trump has already signed seven resolutions into law, which include repealing rules related to methane emissions, energy efficiency standards for appliances, and environmental protections for archaeological resources off the coast.
Multiple CRA resolutions await Trump’s approval, including measures aimed at reducing restrictions on all-terrain vehicles in national parks and eliminating pollution standards for rubber tire manufacturing.Additionally, several resolutions have successfully passed both chambers of Congress, targeting California’s stricter vehicle emissions regulations and other notable environmental policies.
These efforts reflect a broader Republican strategy to reshape regulatory frameworks in line with priorities established during the trump management, particularly in areas impacting energy production and environmental oversight.
Tracking the repeal of Biden regulations through the Congressional Review Act
In recent months, Republican lawmakers have been using a special legislative tool to repeal former President Joe Biden’s regulations that do not align with the Trump administration’s goals.
House Republicans released a list of regulations in February that they seek to overturn using the Congressional Review Act, a special legislative process that allows lawmakers to bypass the filibuster and vote with a simple majority in both chambers to repeal recently implemented federal rules. Once a CRA resolution is signed into law, a federal agency cannot propose a similar rule in the future.
Republicans in both chambers have introduced nearly 75 resolutions that would overturn federal rules from the Environmental Protection Agency, the Department of Energy, the Department of the Interior, and more. President Donald Trump has signed seven CRA resolutions into law.
Resolutions signed by Trump
A Bureau of Ocean Energy Management rule protecting archaeological resources: In March, Trump signed a resolution introduced by Rep. Mike Ezell (R-MS) to overturn the Bureau of Ocean Energy Management’s Protection of Marine Archaeological Resources rule.
The regulation was supposed to protect and identify archaeological resources on the Outer Continental Shelf before oil and gas operations could take place. The rule required surveys to be conducted of the area by a marine archaeologist who meets the Department of the Interior’s standards. Republicans argued that the rule blocked domestic energy production and burdened oil and gas lessees with costly surveys.
An Environmental Protection Agency rule on methane emissions: In March, Trump signed a resolution offered by Sen. John Hoeven (R-ND) to undo an Environmental Protection Agency rule imposing an annual fee on oil and gas facilities that emit methane emissions exceeding a certain threshold.
A Department of Energy rule on refrigerators and freezers: This month, Trump signed a resolution from Rep. Craig Goldman (R-TX) canceling stringent Department of Energy standards for commercial refrigerators, freezers, and refrigerator-freezers under the agency’s Energy Conservation Program. The regulation aimed to reduce energy consumption and emissions.
A Department of Energy rule on water heaters: Trump also signed Rep. Gary Palmer’s (R-AL) resolution to undo DOE standards on gas-fired water heaters.
A Department of Energy appliance energy conservation program: Trump also signed Rep. Andrew Clyde’s (R-GA) resolution to cancel an energy conservation program run by the DOE that grants appliances a label that shows consumers they are energy-efficient.
A Department of Energy rule on walk-in coolers: Trump also signed a measure to cancel standards for walk-in coolers and freezers.
An IRS rule on crypto brokers: In April, Trump signed Rep. Mike Carey’s (R-OH) resolution canceling an IRS rule classifying some decentralized digital asset entities as brokers subject to reporting rules.
A Consumer Financial Protection Bureau rule on bank overdraft fees: In May, Trump signed into law a resolution overturning a CFPB rule that would have limited large banks’ ability to charge clients for overdrawing their bank accounts.
Resolutions sent to Trump’s desk
There are two CRA resolutions that have been sent to Trump’s desk to sign.
A National Park Service limiting ATVs in Glen Canyon: One measure awaiting Trump’s signature is Rep. Celeste Maloy’s (R-UT) resolution overturning a NPS rule limiting the use of all-terrain vehicles and other motor vehicles in environmentally vulnerable areas within the Glen Canyon National Recreation Area.
An Environmental Protection Agency rule on rubber tire factory pollution: Another measure on Trump’s desk is a resolution from Rep. Morgan Griffith (R-VA) to eliminate the EPA’s new standards relating to hazardous air pollutants from rubber tire facilities.
Resolutions that have passed both chambers
Three California emission standards rules: The Senate last week passed three resolutions related to California vehicle emissions. One repeals California’s vehicle emissions waiver, granted by the Biden EPA, that allows the state to set stringent vehicle emission standards, which would encourage the use of electric vehicles and eventually ban gas-powered cars. The other standards that the Senate passed to overturn are state emission regulations on heavy-duty vehicles and nitrogen oxide emissions. The California rules are significant because they are followed by several other states.
A Consumer Financial Protection Bureau rule on regulation of digital wallets: Both chambers have passed a resolution from Sen. Pete Ricketts (R-NE) to repeal a CFPB rule for supervising large nonbank companies that offer digital wallets or payment apps.
An Office of the Comptroller of the Currency rule ending expedited bank mergers: Both chambers have passed a resolution from Sen. John Kennedy (R-LA) that would cancel an Office of the Comptroller of the Currency rule limiting expedited mergers under the Bank Merger Act.
Legislation that has passed one chamber
National Highway Traffic Safety Administration rules on hydrogen vehicles: This month, the Senate passed a measure from Sen. Shelley Moore Capito (R-WV) that would cancel National Highway Traffic Safety Administration safety rules for hydrogen-powered vehicles.
Federal Communications Commission: In January, the Senate passed a resolution from Sen. Ted Cruz (R-TX) to undo a Federal Communications Commission rule allowing E-Rate funds to subsidize off-campus use of Wi-Fi hot spots.
U.S. Fish and Wildlife Service protections for the longfin smelt: Earlier this month, the House voted to undo protections by the U.S. Fish and Wildlife Service for California’s longfin smelt. The resolution was introduced by Rep. Doug LaMalfa (R-CA).
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