Weekly litigation report — June 3, 2017

PLF asks Supreme Court to protect free speech San Francisco loses again in case over extortionate demands on property owners Sixth Circuit holds that victims of federal takings do not enjoy the right to a jury California Supreme Court hears … Continue reading

PLF uses Congressional Review Act to challenge illegally enforced wetlands guidance

Last Friday, we filed a motion in federal court in the Duarte Nursery case, asking the judge to exclude evidence based on the 2008 Post-Rapanos Guidance because it was never submitted to Congress for review under the Congressional Review Act … Continue reading

Weekly litigation update — May 6, 2017

Intervention filed in Congressional Review Act case As has been widely reported elsewhere, Congress and the Administration have dusted off the Congressional Review Act and have set about rescinding a series of Obama-era regulations. You can read more about that … Continue reading

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

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