Of the many tools policymakers have at their disposal, one of the most threatening to environmental conservation efforts is the Congressional Review Act, or commonly referred to as CRAs. The CRA was signed into law as a way to increase Congressional oversight over federal agency actions, giving both the House and the Senate 60 days following the finalization of an action to file what is known as a joint resolution of disapproval. If the proposed CRA earns a majority vote from the House and the Senate, the rule in question is overturned. In addition, no new rule which is interpreted as “substantially the same” as a rule overturned by a joint resolution of disapproval can be reissued unless authorized by law (Congressional Research Service, 2023).
When observing the possible effects of the CRA within the field of environmental health, the threats rise to the surface immediately. Being that the Environmental Protection Agency, as is in the name, is a federal agency, its rules and regulations may be subject to the CRA. Thus, when passing regulations on any issue which is deemed a threat to the environment and public health, either chamber of Congress has the power to propose a joint resolution of disapproval if they believe the regulations to threaten the jurisdictions of respective representatives or senators. Given the perceived threat which environmental regulations have on the economy, it is not difficult for these resolutions to gain momentum on either side of the aisle; and if these resolutions are passed, the regulations for which they are applicable are immediately overturned and future regulations deemed similar are prevented from being reissued without Congressional approval. The importance of EPA regulations in protecting the environment and public health can simply not be overstated, and thus the ability for Congress to strike down their regulations with such ease is a dire concern.
Currently, we can already see CRAs being mobilized for several key EPA regulations including soot standards, clean vehicle standards, particulate matter standards, and ozone standards among others (full list can be found here). Each and every one of these standards are significant in protecting our health and environment as well as contributing to our necessary fight against anthropogenic climate change. Thus, their preservation is of the utmost importance, and we as public health professionals, advocates, and community members must make it known to our representatives and senators that we do not approve of these CRAs. We encourage you to contact your members of Congress asking them to vote against any Congressional Review Act Resolution or any other legislative mechanism that aims to roll back EPA’s recently finalized public health safeguards. Make your voice heard! Oppose roll backs to clean vehicles standards and carbon and soot pollution standards.
