Emerging Applications of the Congressional Review Act

This panel will explore the evolving use of the Congressional Review Act, with particular attention to its application in recent high-profile regulatory contexts. Panelists will examine Congress’s recent use of the Congressional Review Act to nullify California Clean Air Act waivers—an action that is both a significant environmental policy development and a potential turning point in congressional practice. Panelists will consider key institutional and procedural questions raised by the recent congressional activity, including what the use of Senate procedural tools reveals about internal chamber rules and potential implications for the filibuster and legislative practice more generally. The panel will also examine emerging legislative strategies in employing the Congressional Review Act, including innovative applications to a wider range of agency actions, and consider how courts may approach judicial review in this evolving landscape. Through these lenses, the discussion aims to provide a deeper understanding of the Congressional Review Act’s role at the intersection of administrative law, congressional procedure, and separation of powers. Featuring: Prof. Jonathan Adler, Tazewell Taylor Professor of Law, William H. Cabell Research Professor, William & Mary Law School Michael Buschbacher, Partner, Boyden Gray, PLLC Dean Alan B. Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law, Professional Lecturer in Law, George Washington University Law School (Moderator) Laura Stanley, Associate Attorney, Gibson, Dunn & Crutcher LLP