The time to review and kill hundreds of rules under the CRA has not yet begun

The first part of a recent article in The Hill began like many others, suggesting that the window was “closing for Congress to roll back Obama-era regulations” under the Congressional Review Act (CRA). It focused on the approaching deadline for … Continue reading

No, the Congressional Review Act is not obscure

Congress and President Trump have now killed 13 costly regulations under the Congressional Review Act. While some have celebrated the resulting regulatory relief, others have cried foul. In the absence of a legal argument against the CRA, they say that … Continue reading

WOTUS suit goes forward in the Supreme Court

In our last WOTUS update, we informed you that the President recalled the infamous WOTUS rule redefining “waters of the United States” under the Clean Water Act and directed DOJ and the EPA to revise the rule in accordance with … Continue reading

Video: Presidential Authority to Revoke or Reduce National Monument Designations

This week, PLF’s Todd Gaziano and Professor John Yoo (who is also a new member of PLF’s Board of Trustees) released a new study that explains why President Trump has the authority to reduce or revoke national monuments. … Continue reading

Public Land Withdrawals Can Be Rolled Back

The Congressional Review Act (“CRA”) defines “rule” broadly, to include any regulatory agency document that impacts the general public. The Congressional Review Act adopts the definition of “rule” from Section 551 of the Administrative Procedure Act, with some modifications. Specifically, … Continue reading

Central Coast Forest Association wins round in California Supreme Court

Central Coast Forest Association, supported by Pacific Legal Foundation as amicus curiae, has won a long running procedural battle in the California Supreme Court. The unanimous Court ruled that California’s Endangered Species Act allows interested parties to petition for a species to … Continue reading

Bureaucrats made accountable to elected officials? Eek!

Our Congressional Review Act project (have you seen the latest at RedTapeRollback.com? Why not?) is starting to ruffle the right feathers: progressive media sites and activists have noticed that their pet regulatory excesses, especially underground rules, are very vulnerable to … Continue reading

Can agencies avoid congressional oversight by adopting rules without public notice?

As absurd as the titular question seems to ordinary people, an E&E News story quotes several law professors claiming the answer is “yes.” The story is a detailed analysis of the Red Tape Rollback project that Pacific Legal Foundation has … Continue reading

Is the ocean “land owned or controlled by the Federal government”?

As President Obama’s final term came to a close, he engaged in what has unfortunately become a favorite pastime for lame duck Presidents: trying to build a legacy by abusing the Antiquities Act. President Obama was the Barry Bonds of … Continue reading