California v. EPA: Using the Congressional Review Act to Roll Back State Waivers
In September 2026, the U.S. District Court for the District of Columbia preliminarily enjoined the EPA from sending four Clean Air Act waivers to Congress for potential repeal under the Congressional Review Act (CRA). These waivers have allowed California to enact its own vehicle emission standards. Judge Beryl Howell held the CRA's bar on judicial review does not reach an agency's threshold determination that its action is a "rule," and found California had standing to challenge the EPA's June 2026 press release announcing it was transmitting the rules to Congress. What may happen next in this case; and what does this litigation suggest about the limits on using the CRA as a deregulatory tool? Join us for a panel discussing the decision and the broader state of play on CRA issues under the current administration.
Featuring:
- Michael Buschbacher, Managing Partner, Boyden Gray PLLC
- Andrew Ceonzo, Counsel to U.S. Senator Schmitt and the Senate Judiciary Committee
- (Moderator) Daniel M. Flores, Senior Counsel, Committee on Oversight and Accountability, U.S. House of Representatives
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
