Tracking the repeal of Biden regulations through the Congressional Review Act

In recent months, Republican lawmakers have been using a special legislative tool to repeal former President Joe Biden’s regulations that do not align with the Trump administration’s goals.

House Republicans released a list of regulations in February that they seek to overturn using the Congressional Review Act, a special legislative process that allows lawmakers to bypass the filibuster and vote with a simple majority in both chambers to repeal recently implemented federal rules. Once a CRA resolution is signed into law, a federal agency cannot propose a similar rule in the future. 

Republicans in both chambers have introduced nearly 75 resolutions that would overturn federal rules from the Environmental Protection Agency, the Department of Energy, the Department of the Interior, and more. President Donald Trump has signed seven CRA resolutions into law. 

Resolutions signed by Trump

A Bureau of Ocean Energy Management rule protecting archaeological resources: In March, Trump signed a resolution introduced by Rep. Mike Ezell (R-MS) to overturn the Bureau of Ocean Energy Management’s Protection of Marine Archaeological Resources rule.

The regulation was supposed to protect and identify archaeological resources on the Outer Continental Shelf before oil and gas operations could take place. The rule required surveys to be conducted of the area by a marine archaeologist who meets the Department of the Interior’s standards. Republicans argued that the rule blocked domestic energy production and burdened oil and gas lessees with costly surveys.

An Environmental Protection Agency rule on methane emissions: In March, Trump signed a resolution offered by Sen. John Hoeven (R-ND) to undo an EPA rule imposing an annual fee on oil and gas facilities that emit methane emissions exceeding a certain threshold.

A Department of Energy rule on refrigerators and freezers: This month, Trump signed a resolution from Rep. Craig Goldman (R-TX) canceling stringent DOE standards for commercial refrigerators, freezers, and refrigerator-freezers under the agency’s Energy Conservation Program — the regulation aimed to reduce energy consumption and emissions. 

A Department of Energy rule on water heaters: Trump also signed Rep. Gary Palmer’s (R-AL) resolution to undo DOE standards on gas-fired water heaters.

A Department of Energy appliance energy conservation program: Trump also signed Rep. Andrew Clyde’s (R-GA) resolution to cancel an energy conservation program run by the DOE that grants appliances a label that shows consumers they are energy-efficient.

A Department of Energy rule on walk-in coolers: Trump also signed a measure to cancel standards for walk-in coolers and freezers.

An Internal Revenue Service rule on crypto brokers: In April, Trump signed Rep. Mike Carey’s (R-OH) resolution canceling an IRS rule classifying some decentralized digital asset entities as brokers subject to reporting rules. 

A Consumer Financial Protection Bureau rule on bank overdraft fees: In May, Trump signed into law a resolution overturning a CFPB rule that would have limited large banks’ ability to charge clients for overdrawing their bank accounts.

An Environmental Protection Agency rule on rubber tire factory pollution: Another measure signed by Trump is a resolution from Rep. Morgan Griffith (R-VA) to eliminate the EPA’s new standards for hazardous air pollutants from rubber tire facilities. 

Resolutions sent to Trump’s desk

One CRA resolution has been sent to Trump’s desk to sign.

A National Park Service limiting all-terrain vehicles in Glen Canyon: The one measure awaiting Trump’s signature is Rep. Celeste Maloy’s (R-UT) resolution overturning an NPS rule limiting the use of ATVs and other motor vehicles in environmentally vulnerable areas within the Glen Canyon National Recreation Area. 

Resolutions that have passed both chambers

Three California emission standards rules: Last week, the Senate passed three resolutions related to California vehicle emissions. One repeals California’s vehicle emissions waiver, granted by the Biden EPA, that allows the state to set stringent vehicle emission standards, which would encourage the use of electric vehicles, and eventually ban gas-powered cars. The other standards that the Senate passed to overturn are state emission regulations on heavy-duty vehicles and nitrogen oxide emissions. The California rules are significant because they are followed by several other states.

A Consumer Financial Protection Bureau rule on regulation of digital wallets: Both chambers have passed a resolution from Sen. Pete Ricketts (R-NE) to repeal a CFPB rule for supervising large nonbank companies that offer digital wallets or payment apps.

An Office of the Comptroller of the Currency rule ending expedited bank mergers: Both chambers have passed a resolution from Sen. John Kennedy (R-LA) that would cancel an Office of the Comptroller of the Currency rule limiting expedited mergers under the Bank Merger Act.

Legislation that has passed one chamber

National Highway Traffic Safety Administration rules on hydrogen vehicles: This month, the Senate passed a measure by Sen. Shelley Moore Capito (R-WV) that would cancel the National Highway Traffic Safety Administration’s safety rules for hydrogen-powered vehicles.

LIST: THE EXECUTIVE ORDERS, ACTIONS, AND PROCLAMATIONS TRUMP HAS MADE AS PRESIDENT

Federal Communications Commission: In January, the Senate passed a resolution from Sen. Ted Cruz (R-TX) to undo an FCC rule allowing E-Rate funds to subsidize off-campus use of Wi-Fi hot spots.

U.S. Fish and Wildlife Service protections for the longfin smelt: Earlier this month, the House voted to undo protections by the FWS for California’s longfin smelt. The resolution was introduced by Rep. Doug LaMalfa (R-CA). 

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