After years of dormancy, the Congressional Review Act (“CRA”) suddenly plays a prominent role in agency policymaking. Under the CRA, Congress has overturned multiple major regulations adopted by the Obama Administration, and the campaign continues. The next stage in this rollback appears to be a program of invalidating agency guidance documents, policy statements, and interpretations. That possibility has frightened many observers because it appears to expose an enormous additional amount of policymaking to CRA attack. We argue that, to the contrary, using the CRA in an attempt to overrule agency policy statements and interpretations will be fruitless, and the effort will, in the long run, reveal important limits on the CRA.
Keith Bradley & Larisa Vaysman,
CRA Resolutions Against Agency Guidance,
U. Pa. J. L. & Pub. Affairs
Available at: https://scholarship.law.upenn.edu/jlpa/vol4/iss3/3