The Congressional Review Act
The Congressional Review Act (CRA) enables Congress to disapprove a final rule issued by a federal agency. A rule disapproved using this mechanism is not only nullified; the agency is also prevented from reissuing a “substantially similar” rule in the future unless Congress authorizes it to do so via subsequent legislation. Congress generally has 60 days to review rules, but there is a provision that also allows an incoming Congress to review the last 60 days of rules issued during the previous Congress. The CRA may be particularly relevant given the outcomes of the recent 2016 elections.
Commentary, President Trump Signs First Regulatory Disapproval in 16 Years, by
Congressional Review Act Fact Sheet, by Daniel R. Pérez
Commentary, Regulatory Reset: How easy is it to undo regulation?, by Susan E. Dudley
Commentary, President Obama’s Midnight Regulatory Agenda, by Sofie E. Miller
Liberty Law Blog, Midnight Mulligan – The Congressional Review Act Rides Again!, by Brian Mannix
Forbes, Election Could Wake The Sleeping CRA Giant, by Susan E. Dudley