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Will the New Congress Reverse Any 'Midnight Rules?' | Insights


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With the outcome of last week’s Georgia Senate runoff elections producing a 50-50 Senate ratio and giving Senate Democrats majority status, there is renewed interest in the Congressional Review Act (CRA) (5 U.S.C. 801 et seq.). Under the CRA, a new Congress can act within its first 75 days of legislative session to reverse “major rules” promulgated by federal agencies during the last 60 legislative days of the previous Congress.
In 2017, Congress used the CRA to pass “resolutions of disapproval” and nullify 16 different federal regulations promulgated in the last months of the Obama Administration. Under the statute, CRA resolutions are considered under expedited procedures and not subject to Senate filibuster rules. This means a simple majority – including all 50 Democratic (and left-leaning independent) senators plus incoming Vice President Kamala Harris breaking a tie if necessary – could pass such a resolution of disapproval in the new Senate. ....

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Biden's Executive Order to agencies to review all of the Trump era climate regulations


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As a favor to the community I m posting President Biden s order to agencies to undertake a review of Trump era environmental regulations.
Yesterday was also an important day for Mother Nature and the nation. The US Court of Appeals for the District of Columbia Circuit unanimously tossed the Trump administration s replacement for Obama s Clean Power Plan (CPP) back to EPA. The Agency will now be coming out with some version of the CPP. 
Look for my continuing comments on these and other Biden administration efforts to put the nation s economy on a low-carbon trajectory.
In the meantime, feel free to ask questions you might have. I ll do my best to answer them. ....

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