ANALYSIS: Suit Tests Court Review of Congressional Review Act

Congress recently reversed California’s state standards for vehicle emissions, and the environmental implications of this made headlines. However, the steps Congress took to reverse those standards are just as notable.

Congress’ use of the Congressional Review Act here is unprecedented, and has prompted a lawsuit from 11 states including California—despite a CRA section that precludes judicial review. The complaint in California v. United States, which asks the court to review an alleged misapplication of the CRA, could further determine if and when courts may review any kind of federal action under the CRA.

History

The Clean Air ...