Trump overturned two Biden rules, Congress set to clear more for repeal

President Donald Trump on Friday repealed two late-issued Biden regulations and will likely revoke more in the coming weeks. 

The Congressional Review Act enables Congress and the president, if they are in agreement, to overturn by simple majority regulations that were promulgated during the 60 Senate session days or 60 legislative House days before a session of Congress adjourns, whichever is earlier. In this case, Trump and congressional Republicans can use the CRA to override rules finalized on or after Aug. 16, 2024. 

The resolutions, both of which Congress approved with some Democratic support, would:

• S.J. Res 11, revoke a September Bureau of Ocean Energy Management rule that required oil and gas companies working on the Outer Continental Shelf to submit a report identifying potential archaeological resources on the sea floor that could be affected by such development. 
• H.J. Res 35, repeal a November EPA rule specifying requirements under the Methane Emissions Reduction Program, through which the agency charges oil and gas companies for methane and other greenhouse gas emissions if they surpass certain thresholds. 

Six other measures to block late Biden rules have been approved in either the House or Senate, including resolutions targeting EPA emission standards for rubber tire manufacturing (H.J. Res 61), IRS reporting requirements for digital asset sales (S.J. Res 3 / H.J. Res 25) and Energy Department conservation standards for consumer gas-fired instantaneous water heaters (H.J. Res 20). 

In total, 57 CRA resolutions have been introduced, according to a tracker from the Center for Progressive Reform. The resolutions’ most frequent target is rules from the EPA. 

During Trump’s first administration, Republicans used the CRA to revoke 16 regulations issued under President Barack Obama. Likewise, Biden and congressional Democrats in 2021 were able to use the law to repeal three Trump rules. 

Many of Trump’s executive orders in his first 100 days have focused on deregulation. 

On Jan. 31, Trump signed a memorandum requiring agencies to identify 10 existing regulations to be repealed for each new one they propose. This is an expansion of a “two for one” requirement during his first term; although, regulatory experts argue that the policy wasn’t as effective at deregulation as the president made it seem. 

Trump has sought to subject rules from independent agencies (i.e. generally boards and commissions with multiple members from both parties like the Federal Trade Commission) to more White House scrutiny. He also is requiring agencies, in coordination with the Elon Musk-backed Department of Government Efficiency, to identify “unconstitutional regulations” or rules that are “based on unlawful delegations of legislative power” for modification or rescission.