Congressional Republicans Use CRA to Target Biden-Era Environmental Regulations

Congressional Republicans are moving quickly to dismantle key environmental and energy regulations implemented during the Biden administration, using the Congressional Review Act (CRA). This powerful tool allows Congress to strike down federal rules with simple majorities in both chambers, bypassing the Senate filibuster. The current CRA lookback period, which began on August 16, 2024, gives Republicans a window to repeal any regulations enacted since that date.

 On February 20th, House Majority Leader Steve Scalise (R-LA) unveiled the first ten Biden-era regulations targeted for repeal. Among these are three significant environmental policies: the California Clean Air Act Waiver, the Waste Emissions Charge for Petroleum and Natural Gas Systems, and the National Emission Standards for Hazardous Air Pollutants for Rubber Tire Manufacturing. Scalise argues that these regulations are economically damaging, stifling businesses, driving up costs, and burdening consumers with unnecessary bureaucracy. For instance, he claims that the California Clean Air Act Waiver has created a restrictive environment for automakers by imposing excessive emissions standards, ultimately raising vehicle prices for consumers.

 The push for regulatory repeal doesn’t stop there. Seven of the 30 CRA resolutions introduced since the change in administration target the Environmental Protection Agency (EPA), which is responsible for 11 of the 87 eligible rules for review. One key regulation at risk is the hydrofluorocarbon (HFC) phasedown rule, authorized by the American Innovation and Manufacturing Act (AIM). The EPA has already requested a pause in two lawsuits challenging the rule while reassessing its constitutionality. Meanwhile, Republicans are prepared to use the CRA if the courts do not issue a ruling that aligns with the Trump administration's priorities.

 While environmental advocates are concerned about the potential rollback of these regulations, it could be challenging for Republicans to secure enough votes for full repeal. Nonetheless, with the CRA offering a clear and direct path to overturning these rules, congressional Republicans are positioning themselves to make substantial changes to Biden-era environmental policies in the coming months.

 Methane Fee Rule Poised to Be the First Casualty of Trump-Era CRA

 After passing the House of Representatives, the Senate has adopted a resolution to dismantle the methane fee imposed under the Inflation Reduction Act (IRA). The resolution passed the Senate with a 52-47 vote and is now expected to be signed into law by President Trump.

 The methane fee was designed to reduce emissions of this potent greenhouse gas by imposing charges on facilities emitting over 25,000 tons of carbon dioxide equivalent annually. Starting at $900 per metric ton of methane in 2024, the fee was set to increase to $1,500 by 2026.

Supporters of the repeal argue that the methane fee placed an unnecessary financial burden on energy producers, which could lead to higher energy costs for consumers. Industry commended the repeal, claiming it would foster innovation and enhance energy production. However, environmental advocates argue that eliminating the methane fee undermines essential efforts to combat climate change and protect public health.

 While the repeal nullifies the current fee, the Environmental Protection Agency (EPA) will still be able to develop new regulations targeting methane emissions. This legislative action reflects a broader trend under President Trump's administration to roll back environmental regulations in favor of expanding fossil fuel production. The move highlights the ongoing tension between economic growth, energy production, and environmental protection.