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.
Rule |
Federal Register |
CRA Resolution Status |
Agency |
Link to Resolution |
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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 |
DOE |
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Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers |
Introduced 1/16/2025 |
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 |
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 |
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 |
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 under H.J. Res. 177 |
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 |
EPA |
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Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers |
Introduced 3/10/2025 |
DOE |
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Updates to New Chemical Regulations Under the Toxic Substances Control Act (TSCA) |
Introduced 3/10/2025 |
EPA |
Please reach out to the authors or members of the Environmental Practice Group with any questions.