Republicans in Congress are flexing their legislative muscle to dismantle Biden’s last-minute environmental regulations. Using a powerful but rarely utilized tool, lawmakers are overturning rules on everything from gas water heaters to methane emissions—with some Democrats even joining the effort.
At a Glance
- Congress is using the Congressional Review Act (CRA) to overturn multiple Biden administration environmental regulations
- Recently passed resolutions target rules on gas-fired water heaters, methane emissions charges, and archaeological surveys for offshore drilling
- Some Democrats have crossed party lines to support overturning these regulations
- The CRA prevents agencies from reissuing similar rules without new legislative authorization
- Republicans see this as fulfilling their mandate to “hit the brakes on runaway regulation”
Republican Lawmakers Strike Back at Biden Regulations
Congressional Republicans are mounting a significant counteroffensive against what they view as regulatory overreach by the Biden administration – and they’ve found a seriously clever way to do it.
Armed with the Congressional Review Act (CRA), lawmakers are systematically targeting environmental regulations implemented during the final months of Biden’s presidency. This legal tool gives Congress the power to nullify recently finalized federal rules through a streamlined process requiring only simple majority votes.
Former Senate Republican Leader Mitch McConnell characterized the 2024 election results as a “crystal clear mandate” to “hit the brakes on runaway regulation,” signaling the Republican priority to dismantle Biden’s regulatory agenda. The CRA provides a powerful mechanism for this effort, as it forbids agencies from reissuing substantially similar rules once Congress has disapproved them – effectively preventing future administrations from reviving these policies without new legislation.
Trump 2.0: White House and Congressional Republicans Poised to Use the Congressional Review Act for Swift Regulatory Rollback https://t.co/rvU3ifwAxd | by @pillsburylaw
— Energy & Environment (@Energy_Alerts) December 12, 2024
Bipartisan Support for Regulatory Rollbacks
Amazingly, several Democrats have crossed party lines to support regulatory rollbacks.
Can you believe it?
On February 27, the House passed a resolution to repeal Department of Energy efficiency standards for gas-fired water heaters with support from 11 Democrats. Similarly, six Democrats joined Republicans to pass a resolution overturning EPA methane emissions charges that were part of the 2022 Inflation Reduction Act.
Senator Ted Cruz, who introduced the resolution against water heater efficiency standards, argued the regulation “forces American families to choose between costly, high-end models or less efficient alternatives.” This sentiment has resonated beyond party lines, with House members from both parties echoing concerns about potential impacts on American consumers and businesses.
The Senate has also passed a disapproval resolution targeting a Biden administration rule requiring archaeological surveys for offshore oil and gas leases. Senator John Kennedy introduced this measure, which aims to eliminate requirements that energy companies survey the ocean floor for potential cultural remains before drilling. Critics of the rule argue it imposes unnecessary costs and delays on critical energy infrastructure development.
While over 1,300 Biden administration rules could potentially face CRA challenges, time constraints and legislative priorities will likely limit the number of regulations actually overturned.
The Biden administration anticipated this possibility, strategically finalizing many rules earlier in 2024 to place them beyond the CRA review window. Nevertheless, Republicans have identified environmental regulations as a priority target for congressional scrutiny.
Biden tried his best, but Trump, his team, and his huge mandate, are undoing all the damage he did to this country.
