January 28, 2025

Congressional Review Act Weekly Update: Summary of Legislative Activity Related to Environmental and Natural Resources Regulations

9 min

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.

Rule
Federal Register
CRA Resolution Status
Agency
Link to Resolution

National Primary Drinking Water Regulations for Lead and Copper Improvements (LCRI)

89 Fed. Reg. 86418 (Oct. 30, 2024)

Introduced 1/13/2025 

EPA

H.J. Res. 18

Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters

89 Fed. Reg. 105188 (Dec. 26, 2024)

Introduced 1/15/2025, passed House 2/27/2025 under H.J. Res. 161, passed Senate on 4/10/2025

DOE

H.J. Res. 20

Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers

89 Fed. Reg. 10416 (Dec. 23, 2024)

Introduced 1/16/2025, passed House on 3/27/2025, passed Senate on 4/3/2025

DOE

H.J. Res. 24

Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3

 89 Fed. Reg. 29440 (Apr. 22, 2024)

Introduced 1/22/2025

EPA

H.J. Res. 26

Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)

89 Fed. Reg. 102568 (Dec. 17, 2024)

Introduced 1/22/2025

EPA

H.J. Res. 27

Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020

89 Fed. Reg. 82682 (Oct. 11, 2024)

Introduced 1/24/2025

EPA

H.J. Res. 30

Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)

89 Fed. Reg. 102568 (Dec. 17, 2024)

Introduced 2/4/2025

EPA

H.J. Res. 34

Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions

89 Fed. Reg. 91094 (Nov. 18, 2024)

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

H.J. Res. 35

Protection of Marine Archaeological Resources

89 Fed. Reg. 71160 (Sep. 3, 2024)

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

S.J. Res. 11

Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions

89 Fed. Reg. 91094 (Nov. 18, 2024)

Introduced 2/4/2025

EPA

S.J. Res. 12

Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters

89 Fed. Reg. 105188 (Dec. 26, 2024)

Introduced 1/23/2025

DOE

S.J. Res. 4

Phasedown of Hydrofluorocarbons: Management of Certain Hyrdofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020

89 Fed. Reg. 82682 (Oct. 11, 2024)

Introduced 2/5/2025

EPA

S.J. Res. 14

Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2022

90 Fed. Reg. 82682 (Oct. 11, 2024)

Introduced 2/7/2025

EPA

H.J. Res. 38

Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equiment

89 Fed. Reg. 81994 (Oct. 9, 2024)

Introduced 2/12/2025, passed House 3/5/2025 under H.J. Res. 177

DOE

H.J. Res. 42

New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels)

89 Fed. Reg. 83296 (Oct. 15, 2024)

Introduced 2/12/2025

EPA

H.J. Res. 43

National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)

89 Fed. Reg. 86418 (Oct. 30, 2024)

Introduced 2/12/2025

EPA

H.J. Res. 44

Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels

89 Fed. Reg. 89416 (Nov. 12, 2024)

Introduced 2/12/2025

EPA

H.J. Res. 45

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)

89 Fed. Reg. 91486 (Nov. 19, 2024)

Introduced 2/12/2025

EPA

H.J. Res. 46

Oil and Gas and Sulfur Operations in the Outer Continental Shelf—High Pressure High Temperature Updates

89 Fed. Reg. 71076 (Aug. 30, 2024)

Introduced 2/12/2025

DOI

H.J. Res. 57

Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)

89 Fed. Reg. 102568 (Dec. 17, 2024)

Introduced 2/13/2025

EPA

S.J. 19

Glen Canyon Recreation Area: Motor Vehicles

90 Fed. Reg. 2621 (Jan. 13, 2025)

Introduced 2/21/2025

National Park Service

H.J. Res. 60

National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing

89 Fed. Reg. 94886 (Nov. 29, 2024)

Introduced 2/25/2025, passed House 3/5/2025 under H.J. Res. 177

EPA

H.J. Res. 61

National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing

90 Fed. Reg. 94886 (Nov. 29, 2024)

Introduced 2/25/2025

EPA

S.J. Res. 24

Protection of Marine Archeological Resources

89 Fed. Reg. 71160 (Sep. 3, 2024)

Introduced 2/26/2025

Bureau of Ocean Energy Management

H.J. Res. 62

Air Plan Approval; Ohio; Withdrawal of Technical Amendment

90 Fed. Reg. 6811 (Jan. 21, 2025)

Introduced 3/3/2025

EPA

H.J. Res. 66

Air Plan Approval; Ohio; Withdrawal of Technical Amendment

91 Fed. Reg. 6811 (Jan. 21, 2025)

Introduced 3/3/2025

EPA

S.J. Res. 29

Glen Canyon Recreation Area: Motor Vehicles

90 Fed. Reg. 2621 (Jan. 13, 2025)

Introduced 3/3/2025

National Park Service

S. J. Res. 30

Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act

89 Fed. Reg. 73293 (Sep. 10, 2024)

Introduced 3/6/2025

EPA

S.J. Res. 31

Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers

90 Fed. Reg. 7464 (Jan. 21, 2025)

Introduced 3/10/2025, passed House on 3/27/2025

DOE

H.J. Res. 75

Updates to New Chemical Regulations Under the Toxic Substances Control Act (TSCA)

89 Fed. Reg. 102773 (Dec. 18, 2024)

Introduced 3/10/2025

EPA

H.J. Res. 76

Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt

89 Fed. Reg. 61029 (July 30, 2024)

Introduced 3/21/2025

FWS

H.J. Res. 78

Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act

89 Fed. Reg. 73293 (Sep. 10, 2024)

Introduced 3/24/2025

EPA

H.J. Res. 79

Section 45Y Clean Electricity Production Credit and Section 48E Clean Electricity Investment Credit

89 Fed. Reg. 47792 (June 3, 2024)

Introduced 3/26/2025

IRS

S.J. Res. 39

Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers

90 Fed. Reg. 7464 (Jan. 21, 2025)

Introduced 3/27/2025

DOE

S.J. Res. 44

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

88 Fed. Reg. 20688 (April 6, 2023)

Introduced 4/2/2025

EPA

H.J. Res. 87

California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision

90 Fed. Reg. 642 (Jan. 6, 2025)

Introduced 4/2/2025

EPA

H.J. Res. 88

California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The “Omnibus” Low NOX Regulation; Waiver of Preemption; Notice of Decision

90 Fed. Reg. 643 (Jan. 6, 2025)

Introduced 4/2/2025

EPA

H.J. Res. 89

California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision

90 Fed. Reg. 642 (Jan. 6, 2025)

Introduced 4/4/2025

EPA

S.J. Res. 45

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

88 Fed. Reg. 20688 (April 6, 2023)

Introduced 4/4/2025

EPA

S.J. Res. 46

California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The “Omnibus” Low NOX Regulation; Waiver of Preemption; Notice of Decision

90 Fed. Reg. 643 (Jan. 6, 2025)

Introduced 4/4/2025

EPA

S.J. Res. 47

Please reach out to the authors or members of the Environmental Practice Group with any questions.