It seems quite clear that the Obama Administration is going to ram through a bunch of major regulations prior to Trump taking office. Incoming administrations are limited in what they can do to reverse those regulations and Obama has 158 major regulations pending, with 88 at the final rule stage. The EPA is already rushing through regulations before Trump gets on the scene.
Once the rules are enacted, the only major recourse would be the Congressional Review Act (“CRA”). It allows an expedited process to reverse regulations through resolutions of disapproval and those resolutions cannot be filibustered under existing Senate rules.
The House of Representatives has passed a bill targeting new Obama regulations.
The bill would amend the Congressional Review Act to allow Congress to overturn many rules all at once by way of a resolution.
But this new legislation would be subject to a veto by President Obama and the Republicans will not have the votes to override that veto.
Until Obama’s last minute regulations are repealed (if at all) through the Congressional Review Act, businesses in the country would see crippling costs as they rush to implement Obama’s regulatory state to avoid paying fines and suffering penalties. And you would be foolish to have faith in the GOP to actually repeal all the regulations.
During a government shutdown, the Federal Register can only publish regulations that “are necessary to protect human life and safety or protect property.” Likewise, because the regulatory function of agencies like the EPA are not paid for by sources not subject to a lapse in appropriations, they would have to shut down their regulatory making processes.
If Congress cannot get the regulatory agencies to stop moving forward with the destructive and costly regulations rushing through Obama’s leftwing agenda at the end of his term, Republicans should shut down the government, which is only funded for another week or so.