Dems eye midnight regulations reversal

Congressional Democrats are eyeing a little-known, Clinton-era law as a way to reverse Bush administration midnight regulations — even ones that have already taken effect. It’s a move that would undermine the White House’s attempt to finalize its energy and environmental regulations by November so that Barack Obama couldn’t undo them after he’s sworn in as the 44th president on Jan. 20.

“Fortunately, [the White House] made a mistake,” said a top Senate Democratic aide.

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It could take Obama years to undo climate rules finalized more than 60 days before he takes office — the advantage the White House sought by getting them done by Nov. 1. But that strategy doesn’t account for the Congressional Review Act of 1996.

The law contains a clause determining that any regulation finalized within 60 days of congressional adjournment — Oct. 3, in this case — is considered to have been legally finalized on Jan. 15, 2009. The new Congress then has 60 days to review it and reverse it with a joint resolution that can’t be filibustered in the Senate.

In other words, any regulation finalized in the last half-year of the Bush administration could be wiped out with a simple party-line vote in the Democrat-controlled Congress.

A senior aide on the Senate Environment and Public Works Committee, which is chaired by Sen. Barbara Boxer (D-Calif.), was familiar with the CRA, acknowledging that it is an option the committee is considering.