D.C.: About 900 Biden Regs on CRA Chopping Block, Pillsbury Says

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CRA: The Pillsbury law firm said in a Dec. 11 client alert that the Biden Administration deliberately completed rulemakings in the early part of 2024 to avoid potential nullification under the Congressional Review Act, “with Executive Branch agencies finalizing 66 ‘significant’ regulations (i.e., those subject to CRA repeal) in April 2024 alone.” As of now, dozens of Biden regulations adopted after Aug. 1 face being overturned by the CRA after the new Republican-controlled Congress convenes on Jan. 3. According to reports published by the Columbian College of Arts & Sciences Regulatory Studies Center at George Washington University, there have been more than 900 rules finalized by the Biden Administration after August 1, 2024,” Pillsbury noted in the report titled “White House and Congressional Republicans Poised to Use the Congressional Review Act for Swift Regulatory Rollback.” The FCC’s Net Neutrality rules were adopted in April and published in the Federal Register in May, and therefore likely immune from CRA scrutiny. However, the Perkins Coie law firm published an analysis in November indicating that the Net Neutrality rules could be overturned by the CRA because the rules have not gone into effect. Under the CRA, the FCC would be disallowed from resurrecting Net Neutrality if voided by the CRA. Sen. Marsha Blackburn (R-Tenn.), sponsor of a CRA resolution aimed at overturning Net Neutrality, said last Thursday that people should expect to see the new Congress use the CRA.