House Rules Committee approves closed rules for five Congressional Review Act resolutions targeting EPA, NPS and USFWS actions

The House Committee on Rules on April 29 approved closed rules to consider five congressional review disapproval resolutions aimed at federal actions from the Environmental Protection Agency, the National Park Service and the U.S. Fish and Wildlife Service.

Chairwoman Fox opened the session and called witnesses from the Committees on Energy and Commerce and Natural Resources; Representative Anthony Joyce and Representative Paul Tonko summarized their opposing views on whether CRA resolutions are appropriate for the agency actions at issue. Representative Joyce said the Biden administration's EPA "wrongly allowed an EV mandate that will affect the entire country," and argued the waivers permit California to set vehicle standards that he said would hurt consumers and small businesses. Representative Tonko told the committee the Clean Air Act's waiver process accommodates California's unique air-quality challenges and that "the Congressional Review Act does not even apply to these waivers," citing determinations by the Government Accountability Office and the Senate parliamentarian.

The five joint resolutions covered by the closed-rule package are: - H.J. Res. 60: disapproval of a National Park Service motor-vehicle management rule for Glen Canyon National Recreation Area (Utah); - H.J. Res. 78: disapproval of the U.S. Fish and Wildlife Service listing of the San Francisco Bay-Delta distinct population segment of the longfin smelt as endangered; - H.J. Res. 87: disapproval of an EPA notice of decision to waive preemption for California's Advanced Clean Trucks (heavy-duty zero-emission truck) provisions; - H.J. Res. 88: disapproval of an EPA notice of decision concerning California's Advanced Clean Cars II waiver; and - H.J. Res. 89: disapproval of an EPA notice of decision regarding California's omnibus low-NOx (nitrogen oxide) regulation waiver.

Under the committee's rule text, each joint resolution is to be considered under a closed rule that waives points of order, treats the resolution as read, provides one hour of general debate on each resolution equally divided between the majority and minority committee managers, and preserves one motion to recommit for each resolution. The rule also includes a provision tolling certain House day-count rules for the period from April 29, 2025, through Sept. 30, 2025.

Members debated both the substance and the procedure. Representative Tonko warned the committee that using the CRA to nullify the waivers would be "precedent setting" and could prevent agencies from using substantially similar rules in the future; he also cited determinations by GAO and the Senate parliamentarian that the waivers are not CRA-eligible rules. Representative Joyce and other supporters described the resolutions as necessary to protect consumers and the trucking supply chain and to preserve market choice for hybrids and conventional vehicles.

Two minority amendments were offered and defeated. Ranking Member Scanlon offered an amendment to strike the section of the rule that tolls resolutions-of-inquiry (ROIs) through Sept. 30, 2025; that amendment failed on a roll call, 2 yeas to 8 nays. Representative LeGer Fernandez offered an amendment to restore House consideration of measures to review presidential tariff actions; that amendment also failed on a roll call, 2 yeas to 8 nays. The committee later adopted the majority motion to report the closed rules package to the full House. The chair announced the committee would adjourn in memory of Molly McGovern.

Votes at a glance - Amendment by Ranking Member Scanlon to strike the tolling of resolutions-of-inquiry: failed, 2 yeas, 8 nays (ayes recorded: Representative Scanlon; Representative LeGer Fernandez; nays recorded: Representatives Fishbach, Norman, Houchin, Langworthy, Austin Scott, Griffith, Jack, Chairwoman Fox). - Amendment by Representative LeGer Fernandez to restore consideration of House debate on tariffs: failed, 2 yeas, 8 nays (ayes recorded: Representative McGovern; Representative LeGer Fernandez; nays recorded: Representatives Fishbach, Norman, Houchin, Langworthy, Austin Scott, Griffith, Jack, Chairwoman Fox). - Majority motion (Representative Griffith) to report closed rules for H.J. Res. 60, 78, 87, 88 and 89: agreed (voice vote).

Why it matters: The committee vote clears a procedural path for expedited House floor consideration of five CRA resolutions that would, if passed by both chambers and signed by the president, nullify the cited agency actions and prevent agencies from issuing a substantially similar rule in the future. Supporters framed the moves as restoring market choice, protecting agricultural water and reopening public lands to off-road recreation; opponents said the CRA is the wrong tool, cited procedural determinations by GAO and the Senate parliamentarian and warned of legal and administrative fallout.

What to watch next: The closed rules move the five joint resolutions to the House floor under expedited procedures; floor debate and votes are expected according to House scheduling. Any final effect would depend on the House and Senate votes and, if passed, the president's action and possible subsequent litigation.