While the majority of the discourse surrounding the upcoming November general election has focused on the presidential race, a change in control of Congress may also be a possible outcome. A flip in partisan control of the Senate or House of Representatives could have significant impacts on the regulatory landscape.

In particular, it can be expected that a partisan flip in congressional control would result in increased utilization of the lookback provision of the Congressional Review Act (CRA), 5 U.S.C. § 801, et seq., in an effort to challenge any late-term regulatory efforts by the Biden administration. These challenges could be particularly prevalent in the environmental sphere, where the partisan battle lines have been sharply drawn. Continue reading >