Congress has approximately one month to use the Congressional Review Act (CRA) to undo qualifying Biden Administration-issued regulations. According to an updated analysis by Bloomberg Government, the estimated period to expedite repeal of Biden Administration rules ends May 8, 2025. This gives Congress approximately four weeks to act on the dozens of pending CRA bills.
President Trump's focus on overturning Biden Administration regulations through the CRA has taken a back seat of late to other issues. Attention has turned to tariffs and congressional Republicans' efforts to reach agreement on a budget framework. Focus is especially needed on developing a framework as it will lay the foundation for consideration of other Trump priorities, including extending the 2017 tax cuts. It will take weeks, if not months, to develop budget reconciliation legislation. With the just-announced 90-day pause in implementing most tariffs, the most immediate Trump priority now remaining is using the CRA to repeal Biden Administration rules deemed overly burdensome, and the deadline of May 8, 2025, will be upon us soon. (Details about how the CRA works can be found in our February 27, 2025, blog post.)
To date, only two resolutions of disapproval have been enacted in the 119th Congress:
- H. J. Res. 35 — This joint resolution nullifies the Environmental Protection Agency (EPA) rule titled Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions and published on November 18, 2024. The rule outlines compliance requirements under the Methane Emissions Reduction Program. Under the program, the EPA collects an annual charge on emissions of methane and other greenhouse gases from the oil and gas sector if the emissions exceed specified waste emissions thresholds.
- S. J. Res 11 — This joint resolution nullifies the final rule issued by the Bureau of Ocean Energy Management (BOEM) titled Protection of Marine Archaeological Resources and published on September 3, 2024. The rulerequiresoperators andlessees conducting oil and gas exploration or development on the Outer Continental Shelf and that areseeking BOEM approval for such activities to also provide BOEM with an archaeologicalreport for the area of potential effects.Thereport must identify potential archaeologicalresources (materialremains of human life or activities that areat least 50 years old and that areof archaeological interest) on the sea floor. The rule modifiedregulations that onlyrequired such areport when aBOEMregional director hasreason to believe that an archaeologicalresource may be present in the lease area.
Two more resolutions of disapproval have been passed by both the Senate and House of Representatives and await signature by President Trump:
- H. J. Res 24 — This joint resolution nullifies the rule titledEnergy Conservation Program: Energy Conservation Standards for Walk-In Coolers and Walk-In Freezersand submitted by the Department of Energy (DOE) on December 23, 2024. Under the rule, DOE adopted amended energy conservation standards for walk-in coolers and freezers to achieve the maximum improvement in energy efficiency that DOE determined was technologically feasible and economically justified.
- H. J. Res. 25 — This joint resolution nullifies the rule titled Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales and issued by the Internal Revenue Service (IRS) on December 30, 2024. The rule generally requires persons effectuating decentralized financial (DeFi) transactions to report certain information regarding digital asset sales to the IRS.
At least six other resolutions of disapproval have been passed by either the Senate or House of Representatives. Four of the six resolutions of disapproval, summarized below, address regulations promulgated by EPA and DOE (the remaining two address regulations by the Consumer Financial Protection Bureau):
- H. J. Res. 61 — This joint resolution nullifies the Environmental Protection Agency rule titled National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing (89 Fed. Reg. 94886) and published on November 29, 2024. The rule addresses the decision in Louisiana Environmental Action Network v. EPA (D.C. Cir. 2020) by implementing emissions standards for the rubber processing subcategory of the rubber tire manufacturing industry to ensure all emissions of hazardous air pollutants from sources in the source category are regulated.
- H. J. Res. 20 — This joint resolution nullifies the rule titled Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters and submitted by the Department of Energy (DOE) on December 26, 2024. Under the rule, DOE adopted amended energy conservation standards for gas-fired instantaneous water heaters to achieve the maximum improvement in energy efficiency that DOE determined was technologically feasible and economically justified.
- H. J. Res. 42 — This joint resolution nullifies the Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment rule published by the Department of Energy (DOE) on October 9, 2024. Under the rule, DOE modified its regulations on the energy efficiency of certain types of consumer products (e.g., washing machines and dishwashers) and industrial equipment (e.g., computer room air conditioners). Specifically, it modified certification requirements, labeling requirements, and enforcement provisions for these products and equipment to (1) align reporting requirements with currently applicable energy conservation standards and test procedures, and (2) provide DOE with the information necessary to determine the appropriate classification of products for the application of standards.
- H. J. Res. 75 — This joint resolution nullifies the final rule issued by the Department of Energy's Office of Energy Efficiency and Renewable Energy titledEnergy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezersand published on January 21, 2025. Under the rule, the office adopted new and amended energy conservation standards for commercial refrigeration equipment in order to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified.
With Congress scheduled to take a two-week recess beginning April 11, 2025, Congress will have approximately two weeks to address remaining resolutions of disapproval under an expedited process that requires only a majority vote. With Democrats unlikely to support Republican efforts to overturn regulations from a Democratic administration, the deadline for Republicans to act is essentially the deadline for expedited action under the CRA.
Given the remaining time and considering other issues that will demand congressional attention in the coming month, congressional Republicans will be challenged to equal the mark of 16 successful CRA actions in President Trump's first term.
As noted in our February 27, 2025, blog post, at least 16 resolutions of disapproval that have been introduced address rules promulgated by EPA. Four of these relate to the Toxic Substances Control Act (TSCA), including three (essentially the same) regarding trichloroethylene (TCE). The other resolution of disapproval is regarding decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP 3:1), "Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)" (89 Fed. Reg. 91486. As there will be limited time for Congress to act, and with other, more easily explained resolutions of disapproval available, these TSCA-related resolutions of disapproval will face an uphill battle to be considered, let alone enacted, in the limited time remaining.
We will continue to monitor and update CRA actions in the coming weeks.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
