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

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

No time constraints for rolling back regulations

One key provision of the Congressional Review Act (CRA) requires streamlined procedures in the Senate when it votes to overturn an agency regulation. Specifically, when a resolution is referred to the Senate floor, it cannot be amended nor filibustered, and … Continue reading

WSJ columnist strongly endorses PLF idea to kill bad regulations

In her most recent column, Kimberly Strassel writes that an idea I’ve been promoting is a “Regulatory Game Changer” that would allow Congress to “overrule Obama regulations going back to 2009.” This is incredibly flattering praise from Strassel, who is … Continue reading

Congress and Obama clarify their positions on the WOTUS rule, and it doesn’t look good for the President

Last November, we explained how the U.S. Senate was using a special procedure under the Congressional Review Act to enact a congressional “resolution of disapproval” that would overturn the illegal Waters of the United States (WOTUS) regulation jointly issued by … Continue reading