A federal appeals court will reconsider the reach of the Congressional Review Act in a case that could further restrict the executive branch’s rulemaking powers.
The law that allows Congress to bypass the filibuster to nullify specific regulations includes a prohibition on agencies issuing new rules that are “substantially the same” as those killed by Congress. But what exactly counts as “substantially the same” is not defined in the law and has rarely been addressed by the courts.
Now the full 6th U.S. Circuit Court of Appeals is poised to tackle that sticky subject in a case involving data breach regulations. The outcome could determine to what extent other agencies can issue new versions of nullified regulations.
The en banc rehearing stands to have particular implications for the Trump administration’s novel efforts to wield the 1996 law against California’s tougher vehicle emissions standards.
