Emerging Applications of the Congressional Review Act

About this episode

The episode discusses the evolving use of the Congressional Review Act in regulatory contexts and its implications for congressional practice and environmental policy.

This panel will explore the evolving use of the Congressional Review Act, with particular attention to its application in recent high-profile regulatory contexts. Panelists will examine Congress’s recent use of the Congressional Review Act to nullify California Clean Air Act waivers—an action that is both a significant environmental policy development and a potential turning point in congressional practice. Panelists will consider key institutional and procedural questions raised by the recent congressional activity, including what the use of Senate procedural tools reveals about internal chamber rules and potential implications for the filibuster and legislative practice more generally. The panel will also examine emerging legislative strategies in employing the Congressional Review Act, including innovative applications to a wider range of agency actions, and consider how courts may approach judicial review in this evolving landscape. Through these lenses, the discussion aims to provide a deeper understanding of the Congressional Review Act’s role at the intersection of administrative law, congressional procedure, and separation of powers. Featuring: Prof…

People in this episode

Guests: Prof. Jonathan Adler, Michael Buschbacher, Dean Alan B. Morrison

Topics covered

• Congressional Review Act
• regulatory contexts
• environmental policy
• legislative strategies
• judicial review
• separation of powers

Keywords

• Congressional Review Act
• California Clean Air Act
• regulatory nullification
• legislative practice
• judicial review
• environmental policy
• filibuster

Mentioned in this episode

Organizations: Boyden Gray, PLLC, George Washington University Law School, California Clean Air Act, Congress, Congressional Review Act, administrative law, filibuster

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