The Congressional Review Act defines “rule” broadly, to include any regulatory agency document that impacts the general public.Among those agency decisions that are reviewable under the CRA are public land withdrawals made by the Secretary of the Department of Interior.
Paul Larkin, senior legal research fellow at the Heritage Foundation, has published a new report discussing the limitation on judicial review for certain actions and determinations under the Congressional Review Act.
A weekday never passes without new regulations being issued or proposed. Yet beyond those rules, Congress lacks a clear grasp of the amount and cost of the thousands of executive branch and federal agency proclamations and issuances, including guidance documents, memoranda, bulletins, circulars, and letters that carry practical (if not always technically legally) binding regulatory effect
Jonathan Wood, attorney at Pacific Legal Foundation, recently published a blog responding to those who say the Congressional Review Act cannot be applied to guidance documents.
Writing for Pacific Legal Foundation's Liberty Blog, attorney Jeff McCoy explains that under the Congressional Review Act, regulations can be rolled back without filibuster or debate in the senate.
The Congressional Review Act was highlighted in a recent The Federalist Society discussion. Pacific Legal Foundation's Todd Gaziano joined former Rep. David McIntosh to discuss the act's traditional uses as well as the new "regulatory game changer" idea that we have explained here.
The 60-minute presentation can be heard below, or at The Federalist Society.
In 2014, Curtis Copeland, special counsel to the Administrative Conference of the United States, published an independent report detailing the vast number of regulations that were not reported to Congress.
Paul Larkin, senior legal research fellow at The Heritage Foundation, recently published a report on the reach of the Congressional Review Act
In a 2015 report, Clyde Wayne Crews discussed the massive amount of agency regulation (dubbed "regulatory dark matter") enacted by Washington bureaucrats.
Daren Bakst and James L. Gattuso, research fellows at The Heritage Foundation, recently published a report detailing how the new, unified government can use CRA to roll back regulations.