Editor’s Note: Regulatory agencies have long been on notice of their duty to adhere to the Congressional Review Act. EPA’s failure to comply with the CRA was an issue in Tozzi v. EPA. Moreover, in a 2010 letter, CRE advised President of the Senate Biden and Speaker Pelosi to inform EPA that a major regulatory program could not be implemented because the agency had not informed Congress of it as required by the CRA. See “Experts Disagree on Impact of Agency Failure To Notify on Rules; EPA May Face Challenge,” (BNA Daily Report for Executives).
From: Politico
***
“You have this unimaginably large universe of stuff that is now eligible for repeal under the CRA,” Goodwin said, citing a hypothetical Occupational Safety and Health Administration workplace safety poster as a potential example. “Agencies don’t submit all this stuff because it would be an administrative nightmare.”
In the case of the auto-lending policy, the CFPB released it as a guidance document rather than a formal rule governed by the notice-and-comment requirements of the APA. As such, it wasn’t technically submitted to lawmakers for the purposes of the Congressional Review Act. That means the clock for congressional review never started.