Bracewell’s Christine Wyman recently spoke with Law360 reporter Keith Goldberg about President Joe Biden and Congress using the Congressional Review Act to nullify energy and environmental rules finalized in the final months of the Trump administration.
Wyman noted that Biden’s recent executive order calling for agencies to review Trump-era regulations specifically stated the EPA should take action on the science transparency and cost-benefit rules as soon as possible. The pair of recently crafted EPA rules have been criticized by environmental advocates and Democrats for undermining the EPA’s ability to regulate:
- Making it more difficult to use scientific studies that rely on confidential research in rulemakings;
- Require every new Clean Air Act rulemaking to clearly explain the cost-benefit analysis that was used.
That indicates the Biden administration is eager to scrub these rules, and with the EPA having a full regulatory plate, the CRA process could save time and resources, Wyman said.
“It’s a judgment call,” Wyman said. “If that rule is safer to use the CRA on, I think there would be some legitimate conversation about, ‘can we use the CRA here and not have to use our agency resources to undo this rule?’”