What is the Congressional Review Act?
The Congressional Review Act requires agencies to submit every rule to Congress for its review, and it defines “rule” broadly to sweep in most guidance documents. Congress then has sixty legislative days to schedule a simple-majority vote to disapprove rules it dislikes using fast-track procedures.
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A buffalo rancher by trade, Ken Klemm also uses his 4,000-acre ranch in Kansas for conservation efforts. In fact, Klemm works with the Kansas Natural Resource Coalition (KNRC) to implement a conservation plan for the lesser prairie chicken. The U.S. Fish and Wildlife Service considers such local collaboration for determining endangered listings under its 2003 rule called the Policy for Evaluating Conservation Efforts When Making Listing Decisions (PECE Rule). Unfortunately, the rule is not lawfully in effect because the Service never submitted the PECE Rule to Congress as required by the Congressional Review Act (CRA). On behalf of KNRC, PLF has filed a lawsuit demanding that the Service submit its rule to Congress so it can legally take effect and allow good conservation work to continue.Read more
Like many western U.S. ranching families, the Picketts have worked on the same land in Idaho for many generations and have a thriving business selling naturally raised beef. And like many ranchers, their business depends on grazing permissions on federal land. But their livelihoods are threatened by rules that set aside over 65-million acres of federal land as a habitat for the sage-grouse — an animal that’s neither threatened nor endangered. In fact, sage-grouse management rules eliminate more than 31,000 jobs.
On behalf of the Picketts, Pacific Legal Foundation is challenging illegal rulemaking by government bureaucrats. Agencies implemented the sage-grouse plans without first submitting them to Congress as required under the Congressional Review Act (CRA). PLF argues the rule is unenforceable until the agencies comply with the CRA, and that it should be properly sent to Congress for consideration and, hopefully, eventual disapproval.Read more
PLF scored another victory against bureaucratic overreach on May 9, when the federal court in Alaska dismissed a lawsuit challenging the constitutionality of the Congressional Review Act (CRA). At issue in this lawsuit was a regulation known as the Refuges Rule, which greatly restricted access to and use of land within Alaskan Wildlife Refuges. Congress used the CRA to invalidate the rule—a move promptly challenged in court by the Center for Biological Diversity (CBD). Representing coalition of individual Alaskans and related organizations, PLF successfully intervened to support the CRA’s constitutionality.Read more