Kansas joins coalition in backing Congress' use of CRA to overturn agency regulations

By Mark Iandolo | Aug 8, 2017

TOPEKA (Legal Newsline) — Kansas Attorney General Derek Schmidt announced July 31 he has joined the attorneys general of 14 states in supporting a federal law that allows Congress to review and overturn agency regulations.

The coalition of attorneys general filed an amicus brief in federal district court in Alaska, alleging Congress’ authority to use the Congressional Review Act (CRA) to void federal regulations is, in fact, constitutional. Congress has used the CRA to undo many Obama-era regulations. An environmental group had sued the U.S. Department of Interior arguing against the tactic.

“Many federal rules impose significant harms on the states, and often do so illegally,” the attorneys general wrote. “The CRA provides an efficient procedure that Congress can use to stop this federal overreach, quickly blocking regulations without requiring States to engage in costly and time-consuming litigation. 

"Without the CRA’s mechanisms, it could take Congress or the courts months or even years to stop illegal and harmful rules. The CRA also provides a tool for the states to work with the people’s elected representatives in Congress to halt unlawful regulation and to shift governmental power back to elected officials and away from unelected agencies.”

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