Congressional Review Act: time limit and fine print

[Michael Press]

<http://hotair.com/archives/2017/05/09/shot-clock-regulation-repeal-running/>
<http://tinyurl.com/m9a7gwv>

The Congressional Review Act is being used by the current
administration to nullify many acts by the previous
administration. There is a time limit on how long after the act
is in place in which it can be nullified by the CRA; a time limit
that expires this week. _But_ the time limit only applies to acts
properly submitted to Congress. In fact many such acts were not
properly submitted; hence they are not subject to the time limit.
Furthermore

| Todd Gaziano, a top official at Pacific Legal who was the chief
| legislative counsel to the CRA’s sponsor, former Rep. David
| McIntosh (R-Ind.), said over the years agencies have failed to
| properly report hundreds if not thousands of rules to Congress as
| mandated by the CRA. This, he argues, renders the rules legally
| unenforceable.
|
| Gaziano would like agencies to immediately dispense with all
| enforcement actions. He said since the launch of his website,
| redtaperollback.com, he has been fielding hundreds of calls from
| interested lawyers.
|
| Wayne Crews, vice president for policy and director of technology
| studies at the Competitive Enterprise Institute, said if rules
| are identified that were not properly submitted to Congress, he
| expects there will be legal challenges by affected parties.
|
| Gaziano said Pacific Legal is already looking into adding this
| argument to currently pending cases against enforced rules, and
| potentially bringing new lawsuits against rules he said are being
| enforced illegally.

--
Michael Press