Members of the House and Senate are beginning to introduce joint resolutions calling for the “disapproval” of specific environmental, energy, and natural resources regulations pursuant to the Congressional Review Act. The following chart tracks resolutions we are following filed as of the beginning of this week. It includes a reference to the applicable Federal Register notice for the regulation at issue and the lead federal agency. We will track legislative progress on these resolutions and add notable new joint resolutions to this list approximately once a week.
Ensuring Lawful Governance and Implementing the President's "Department of Government Efficiency" Deregulatory Initiative
Executive Order (EO) 14219, Ensuring Lawful Governance and Implementing the President's "Department of Government Efficiency" Deregulatory Initiative, directs agency heads to review all of their agency's regulations for "consistency with law and Administration policy" within 60 days (approximately April 19, 2025). The breadth of this EO is noteworthy. It is designed to ensure regulations are not unconstitutional, are not based on unlawful delegations of legislative power, follow clear statutory authority, do not impose significant costs upon private parties that are not outweighed by public benefits, and do not impede innovation, infrastructure, or development. In conducting this review, agencies are required to prioritize review of rules that meet the definition of "significant regulatory action" in EO 12866 (potential impact on the economy of $100 million annually).
Additionally, the EO announces administration policy concerning the enforcement of regulations. It directs agencies to de-prioritize the enforcement of regulations that "are based on anything other than the best reading of a statute" or "go beyond the powers vested in the Federal Government by the Constitution." If any of an agency's regulations identified in regulatory review are not compliant with law and the administration's policy, the agency head, in consultation with the director of the Office of Management and Budget, shall direct the termination of enforcement proceedings that are non-compliant, on a case-by-case basis.
The EO further requires agency heads to consult with Department of Government Efficiency and the administrator of OIRA on potential new regulations "as soon as practicable." The EO does not apply to the following: "(a) any action related to a military, national security, homeland security, foreign affairs, or immigration-related function of the United States; (b) any matter pertaining to the executive branch's management of its employees; or (c) anything else exempted by the Director of the Office of Management and Budget."
Once the U.S. Environmental Protection Agency, the U.S. Fish & Wildlife Service, the U.S. Army Corps of Engineers, and other agencies with responsibility for all aspects of environmental law submit their reports, it is widely anticipated that a lengthy series of de-regulatory actions will be initiated. These actions could follow traditional notice and comment rulemaking, or they could be done in concert with congressional action. Either way, we expect to see a long list of environmental and natural resources regulations potentially subject to rescission or major amendments.
President Signs First Environmental Congressional Review Act Resolutions of 2025
On Friday, March 14, President Trump signed into law the first two environmental Congressional Review Act resolutions of 2025, H.J. Res. 35 and S.J. 11. H.J. Res. 35 rescinds EPA's Waste Emissions Charge for Petroleum and Natural Gas Systems, also known as the "methane fee." The methane fee, as part of the Inflation Reduction Act, imposed a tax on natural gas from oil and gas facilities. S.J. Res. 11 rescinds a rule that added requirements for oil and gas exploration on the Outer Continental Shelf. These are the first environmental rules of the Biden administration to be repealed using the Congressional Review Act.
CRA Resolutions Introduced for California EV Mandate Waivers
Congressional members introduced three CRA resolutions this week targeting EPA waivers granted to California (H.J. Res. 87, 88, and 89), despite the Government Accountability Office's (GAO) determination that these waivers were not "rules" subject to the CRA. Together, if passed, these resolutions would repeal EPA decisions to allow California to ban the sale of gas-powered vehicles by 2035 within the state, implement the state's most recent nitrogen oxide engine emission standards, and mandate the sale of zero-emission trucks within the state.
House Passes CRA Resolutions for California EV Mandate Waivers
On April 30 and May 1, 2025, the U.S. House of Representatives voted to rescind EPA’s Clean Air Act waivers granted to California using the CRA. These resolutions were introduced earlier in the month as H.J. Res. 87, 88, and 89, and considered together as H.J. Res. 354, despite the Government Accountability Office’s (GAO) determination that these waivers were not “rules” subject to the CRA. The resolutions now go to the Senate, where the Senate parliamentarian has agreed with the GAO that the waivers are not rules for CRA purposes, but Senate CRA resolutions for the waivers have still been introduced (S.J. Res. 45, S.J. Res. 46, and S.J. Res. 47). If passed in the Senate and signed by the president, these resolutions will repeal:
- The EPA waiver granted to the California Air Resources Board (CARB) for implementing the state’s Advanced Clean Trucks rule aimed at reducing tailpipe emissions;
- The EPA waiver allowing California to impose its Advanced Clean Cars II regulations, which would phase out gasoline-powered vehicles; and
- The EPA waiver allowing CARB to implement its nitrogen oxides regulations.
Venable will continue to provide updates on the California EV Mandate Waivers CRA resolutions.
Rule |
Federal Register |
CRA Resolution Status |
Agency |
Link to Resolution |
|
National Primary Drinking Water Regulations for Lead and Copper Improvements (LCRI) |
Introduced 1/13/2025 |
EPA |
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Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters |
Introduced 1/15/2025, passed House 2/27/2025 under H.J. Res. 161, passed Senate on 4/10/2025 |
DOE |
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Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers |
Introduced 1/16/2025, passed House on 3/27/2025, passed Senate on 4/3/2025 |
DOE |
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Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3 |
Introduced 1/22/2025 |
EPA |
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Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA) |
Introduced 1/22/2025 |
EPA |
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Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020 |
Introduced 1/24/2025 |
EPA |
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Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA) |
Introduced 2/4/2025 |
EPA |
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Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions |
Introduced 2/4/2025, Passed House 2/26/2025 under H.J. Res. 161, Passed Senate 2/27/2025, Signed by the president 3/14/2025 and became Public Law No. 119-2 |
EPA |
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Protection of Marine Archaeological Resources |
Introduced 2/4/2025, Passed Senate 2/25/2025, passed House 3/6/2025 under H.J. Res. 177, Signed by the president 3/14/2025 and became Public Law No. 119-3 |
Bureau of Ocean Energy Management |
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Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions |
Introduced 2/4/2025 |
EPA |
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Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters |
Introduced 1/23/2025 |
DOE |
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Phasedown of Hydrofluorocarbons: Management of Certain Hyrdofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020 |
Introduced 2/5/2025 |
EPA |
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Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2022 |
Introduced 2/7/2025 |
EPA |
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Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equiment |
Introduced 2/12/2025, passed House 3/5/2025 under H.J. Res. 177 |
DOE |
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New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) |
Introduced 2/12/2025 |
EPA |
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National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI) |
Introduced 2/12/2025 |
EPA |
||
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Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels |
Introduced 2/12/2025 |
EPA |
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Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA) |
Introduced 2/12/2025 |
EPA |
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Oil and Gas and Sulfur Operations in the Outer Continental Shelf—High Pressure High Temperature Updates |
Introduced 2/12/2025 |
DOI |
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Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA) |
Introduced 2/13/2025 |
EPA |
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Glen Canyon Recreation Area: Motor Vehicles |
Introduced 2/21/2025, passed House on 4/29/2025, passed Senate on 5/8/2025 |
National Park Service |
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National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing |
Introduced 2/25/2025, passed House 3/5/2025, passed Senate on 5/6/2025 |
EPA |
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National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing |
Introduced 2/25/2025 |
EPA |
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Protection of Marine Archeological Resources |
Introduced 2/26/2025 |
Bureau of Ocean Energy Management |
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Air Plan Approval; Ohio; Withdrawal of Technical Amendment |
Introduced 3/3/2025 |
EPA |
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Air Plan Approval; Ohio; Withdrawal of Technical Amendment |
Introduced 3/3/2025 |
EPA |
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Glen Canyon Recreation Area: Motor Vehicles |
Introduced 3/3/2025 |
National Park Service |
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Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act |
Introduced 3/6/2025, passed Senate on 5/1/2025 |
EPA |
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Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers |
Introduced 3/10/2025, passed House on 3/27/2025, passed Senate on 5/1/2025 |
DOE |
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Updates to New Chemical Regulations Under the Toxic Substances Control Act (TSCA) |
Introduced 3/10/2025 |
EPA |
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Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt |
Introduced 3/21/2025, passed House on 5/1/2025 |
FWS |
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Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act |
Introduced 3/24/2025 |
EPA |
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Section 45Y Clean Electricity Production Credit and Section 48E Clean Electricity Investment Credit |
Introduced 3/26/2025 |
IRS |
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Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers |
Introduced 3/27/2025 |
DOE |
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California State Motor Vehicle and Engine Pollution Control Standards; Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions; Advanced Clean Trucks; Zero Emission Airport Shuttle; Zero-Emission Power Train Certification; Waiver of Preemption; Notice of Decision |
Introduced 4/2/2025, passed House on 4/30/2025 |
EPA |
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California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision |
Introduced 4/2/2025, passed House on 5/1/2025 |
EPA |
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California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The “Omnibus” Low NOX Regulation; Waiver of Preemption; Notice of Decision |
Introduced 4/2/2025, passed House on 4/30/2025 |
EPA |
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California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision |
Introduced 4/4/2025 |
EPA |
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California State Motor Vehicle and Engine Pollution Control Standards; Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions; Advanced Clean Trucks; Zero Emission Airport Shuttle; Zero-Emission Power Train Certification; Waiver of Preemption; Notice of Decision |
Introduced 4/4/2025 |
EPA |
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California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The “Omnibus” Low NOX Regulation; Waiver of Preemption; Notice of Decision |
Introduced 4/4/2025 |
EPA |
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Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment |
Introduced 4/28/2025 |
DOE |
Please reach out to the authors or members of the Environmental Practice Group with any questions.