News & Analysis as of

Congressional Review Act

(ACOEL) | American College of Environmental...

Congress Tosses a Wrench in the Gears of Public Land Management

Congress recently used the Congressional Review Act (CRA) of 1996 to prevent a number of federal land management plans from going into effect. Congressional application of this law to federal land management plans is...more

Nelson Mullins Riley & Scarborough LLP

Shifting Standards: Hidden Costs of Automotive Regulatory Requirements

With “affordability” now dominating the headlines, the heads of the three largest U.S. automakers have been invited to testify before the U.S. Senate Commerce Committee at a hearing set for Wednesday, January 14, 2026, to...more

Cooley LLP

GAO Opinion Complicates NTIA’s BEAD ‘Benefit of the Bargain’ Rule – Implications for Broadband Investments

Cooley LLP on

On December 16, 2025, the US Government Accountability Office (GAO) issued a legal opinion finding that the National Telecommunications and Information Administration’s (NTIA) June 6, 2025, BEAD Restructuring Policy Notice...more

Alston & Bird

Look Ahead to the Week of November 17, 2025: Congress Returns After Historic Shutdown

Alston & Bird on

After the longest shutdown in American history, both the House and Senate return this week with a heavy workload before funding for most government agencies expires on January 30. In addition to appropriations, Congress...more

Nelson Mullins Riley & Scarborough LLP

Proceed With Caution: California Emissions Case Slowly Moving Forward

Introduction - In June 2025, California and a coalition of 10 other states in State of California et al. v. United States et al., No. 4:25-cv-04966-HSG (N.D. Cal.) filed a lawsuit challenging the authority of congressional...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

‘Still the Same’? How a Sixth Circuit Decision Could Reopen the Door to OSHA Ergonomics Rules

The Sixth Circuit’s recent decision in Ohio Telecom Association v. FCC, Nos. 24-3133/3206/3252 (August 13, 2025), offers a powerful road map for agencies looking to regulate after Congress has used the Congressional Review...more

Orrick, Herrington & Sutcliffe LLP

Three senators request info from 25 banks on their overdraft practices

On August 28, Sens. Elizabeth Warren (D-MA), Bernie Sanders (I-VT), and Richard Blumenthal (D-CT) sent letters to 25 major banks requesting information regarding their overdraft policies and profits following the repeal of...more

Mayer Brown

Sixth Circuit Allows Congressional Review Act Challenge, But Rejects It on the Merits

Mayer Brown on

CASE NAME AND NUMBER - Ohio Telecom Ass’n v. FCC, No. 24-3133 (6th Cir.) - INTRODUCTION - On August 13, 2025, a divided panel of the US Court of Appeals for the Sixth Circuit upheld a 2024 Federal Communications...more

Jones Day

Active Battle Over the California Clean Air Act Waiver Continues

Jones Day on

California's ability to set its own vehicle emission standards under its Clean Air Act waiver of federal preemption is in jeopardy given three joint congressional resolutions signed into law by President Trump on June 12,...more

Davis Wright Tremaine LLP

Sixth Circuit Upholds FCC Data Breach Order: Analyzing the Implications for Telecom Carriers and the FCC

The U.S. Court of Appeals for the Sixth Circuit recently upheld data breach reporting requirements issued by the Federal Communications Commission (FCC or Commission) in 2023 (Data Breach Order) in its August 13, 2025 2-1...more

Cozen O'Connor

Republican AGs Support End of California Vehicle Emission Regulations

Cozen O'Connor on

Iowa AG Brenna Bird led a group of 26 Republican AGs in filing two amici curiae briefs urging the dismissal of pending challenges to Environmental Protection Agency waivers allowing California to enforce its own vehicle...more

Holland & Knight LLP

CFPB Proposes Legal Standard Applicable to Supervisory Designation Proceedings

Holland & Knight LLP on

The CFPB on Aug. 26, 2025, issued a proposed rule to adopt a legal standard applicable to supervisory designation proceedings. Specifically, the CFPB is proposing to adopt a standard definition of "risks to consumers with...more

Orrick, Herrington & Sutcliffe LLP

Court upholds FCC’s expanded data breach reporting rule for telecom and broadband providers

On August 13, the U.S. Court of Appeals for the 6th Circuit denied several consolidated petitions for review and upheld the FCC’s 2024 rule expanding data breach reporting requirements for telecommunications carriers and...more

Robinson+Cole Environmental Law +

“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more

Warner Norcross + Judd

Sixth Circuit Upholds FCC’s 2024 Data Breach Reporting Rules

Warner Norcross + Judd on

The U.S. Court of Appeals for the Sixth Circuit recently issued a decision in Ohio Telecom Association et al. v. FCC, upholding the FCC’s 2024 data breach reporting requirements for telecommunications carriers and relay...more

Baker Donelson

Endangerment Finding Reconsidered as Clean Air Waivers Are Targeted

Baker Donelson on

California's unique ability to set its own vehicle emissions standards under Section 209(b) of the Clean Air Act (CAA) is facing unprecedented legal and political challenges. At the center of the controversy is Congress's...more

ArentFox Schiff

Engaging Congress in a Post-Chevron World and Preparing for Its September Return

ArentFox Schiff on

This fall, Congress is poised to consider and develop legislation differing in type and scope — from funding measures to reconciliation proposals....more

Fox Rothschild LLP

What Federal Save Local Business Legislation Could Mean for the Joint Employer Standard

Fox Rothschild LLP on

Legislation is moving through Congress that, if enacted, would establish a new joint employer standard and end some of the uncertainty businesses have faced the past several years whenever a new party won the White House. ...more

Williams Mullen

Is the Once in, Always in Policy Finally Dead?

Williams Mullen on

EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within...more

Alston & Bird

Change is in the Air for Greenhouse Gas Vehicle Emissions Standards

Alston & Bird on

Our Environment, Land Use & Natural Resources Group examines recent federal actions that may reshape federal greenhouse gas (GHG) vehicle emissions standards as well as California’s and other states’ authority to set and...more

Williams Mullen

Environmental Notes - July 2025

Williams Mullen on

Is the Once in, Always in Policy Finally Dead? EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more

Holland & Knight LLP

Supreme Court Clarifies Standing for Regulatory Challenges in Diamond Alternative Energy v. EPA

Holland & Knight LLP on

The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more

Benesch

Trump’s Emissions Rollback: What Motor Carriers & Private Fleets Must Know

Benesch on

President Trump took steps to dismantle California’s vehicle emissions standards on June 12, 2025, by signing three Congressional Review Act (“CRA”) resolutions revoking California’s waiver under the Clean Air Act. The waiver...more

Jones Day

The Climate Report | Second Quarter 2025

Jones Day on

Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts - In early April, President Trump issued several presidential actions to revive the coal industry, including rolling back environmental...more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

Jenner & Block on

The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

598 Results
 / 
View per page
Page: of 24

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide