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President Donald Trump has taken significant steps by repealing two recent regulations established during the Biden administration, with the potential for further rollbacks in the coming weeks.
The Congressional Review Act (CRA) provides a mechanism for Congress and the president to nullify regulations issued within a specific timeframe—specifically, within the 60 days of Senate or House session prior to Congress’s adjournment. With this legislative tool, Trump and Republican lawmakers can target rules that were officially finalized on or after August 16, 2024.
The resolutions recently enacted, which garnered some backing from Democratic members, include:
S.J. Res 11, which eliminates a Bureau of Ocean Energy Management rule requiring oil and gas companies to report on potential archaeological sites on the Outer Continental Shelf that could be impacted by their activities.
H.J. Res 35, which repeals a November regulation from the Environmental Protection Agency (EPA) that set criteria for the Methane Emissions Reduction Program. This program imposed charges on oil and gas firms for exceeding established thresholds for methane and other greenhouse gas emissions.
Additionally, there are six other resolutions aimed at halting various recently enacted Biden rules that have received approval in either the House or Senate. These include measures combating EPA emission standards for tire manufacturing (H.J. Res 61), modifications related to IRS reporting for digital asset transactions (S.J. Res 3 / H.J. Res 25), and changes to the Energy Department’s standards for consumer gas-fired instantaneous water heaters (H.J. Res 20).
In total, 57 CRA resolutions are currently on the table, according to data from the Center for Progressive Reform, with a significant focus on regulations from the EPA.
Historically, during Trump’s first term, Republicans utilized the CRA to revoke 16 regulations implemented under President Barack Obama. In tandem, Biden and Democratic lawmakers leveraged the same approach in 2021 to nullify three rules from the Trump administration.
Trump’s current executive actions within the preliminary phase of his administration appear heavily oriented toward deregulation. On January 31, he issued a memorandum directing agencies to identify ten existing regulations for repeal for every new regulation they propose. This initiative builds upon a previous “two for one” rule from his first term; however, regulatory experts have critiqued its effectiveness, suggesting it did not achieve as much deregulation as claimed.
Additionally, Trump is advocating for increased oversight of regulations issued by independent agencies, which typically consist of bipartisan boards and commissions like the Federal Trade Commission. Furthermore, he has mandated that agencies collaborate with the Elon Musk-supported Department of Government Efficiency to pinpoint “unconstitutional regulations” or those based on improper delegations of legislative authority that may warrant reform or repeal.
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