Republican Congress Unleashes Regulatory Rollback: 100 Days of Dismantling Biden’s Legacy

In a sweeping display of legislative efficiency that marks their first 100 days of bicameral control, Republicans have mounted an aggressive campaign to systematically dismantle President Joe Biden’s regulatory framework, with particular focus on energy policies they argue have strangled American producers and inflated consumer costs. This coordinated assault on federal regulations, executed through the rarely-used Congressional Review Act (CRA), represents one of the most ambitious deregulatory efforts in recent political history and signals a fundamental shift in the relationship between government oversight and industry.

The Republican-controlled Congress, working in lockstep with President Donald Trump’s administration, has already successfully repealed seven Biden-era regulations, with many more in the crosshairs as lawmakers race against procedural deadlines. This regulatory purge, while celebrated by industry groups and conservative activists, has raised alarm among environmental advocates and consumer protection organizations who warn of potential long-term consequences for public health, safety, and environmental protection.

The Congressional Review Act: A Powerful but Time-Limited Weapon

At the heart of this deregulatory blitz lies the Congressional Review Act, a little-known but potent legislative tool that allows Congress to overturn federal regulations with a simple majority vote in both chambers. Enacted in 1996 as part of the Contract with America Advancement Act, the CRA provides Congress with expedited procedures to review and potentially nullify regulations issued by federal agencies.

The act’s power lies in its procedural advantages:

1. Limited Debate: CRA resolutions can’t be filibustered in the Senate, requiring only 51 votes for passage
2. Fast-Track Process: Expedited consideration bypasses many traditional legislative hurdles
3. Retroactive Reach: Congress can review regulations issued late in the previous administration
4. Permanent Impact: Once overturned, agencies cannot reissue substantially similar regulations without explicit congressional authorization

However, these extraordinary powers come with a crucial limitation: Congress typically has only 60 legislative days to act on regulations from the previous administration. For Biden’s rules, most deadlines expire next month, creating a legislative sprint as Republicans work to maximize their deregulatory achievements before the window closes.

The First Seven: Energy and Industry at the Forefront

The seven regulations already repealed offer a clear window into Republican priorities and their vision for American economic policy. Leading the charge are energy-related rules that the GOP argues have hampered domestic production and increased costs for consumers:

1. EPA Methane Emission Fee

The most significant repeal targets the Environmental Protection Agency’s methane fee on oil and natural gas facilities. This regulation, implemented through the Democrats’ Inflation Reduction Act, imposed escalating charges on methane emissions:

• 2024: $900 per metric ton
• 2025: $1,200 per metric ton
• 2026: $1,500 per metric ton

Republicans argued this fee unfairly burdened domestic energy producers and contributed to higher consumer prices. The oil and gas industry, which had lobbied intensively against the rule, celebrated its repeal as a victory for American energy independence.

2. Offshore Drilling Archaeological Requirements

The second major repeal eliminated requirements for archaeological reports before commencing offshore drilling operations on the outer continental shelf. Industry groups had complained these reports created unnecessary delays and costs, sometimes requiring months of additional study before drilling could begin.

3. Energy Efficiency Standards

Republicans also rolled back two Energy Department regulations that mandated higher efficiency standards for:

• Gas-fired hot water heaters
• Walk-in coolers and freezers

These regulations, originally designed to reduce energy consumption and lower long-term costs for consumers, were criticized by Republicans as examples of government overreach that increased upfront costs for businesses and homeowners.

4. Cryptocurrency Regulations

In a nod to the growing influence of the digital asset industry—and fulfilling campaign promises to crypto supporters—Congress repealed an IRS rule that classified decentralized finance (DeFi) exchanges as brokers. The regulation would have required these platforms to track and report user activity, a requirement industry leaders argued was technically impossible given the decentralized nature of these systems.

5. Consumer Financial Protection Rules

Two significant financial regulations from the Consumer Financial Protection Bureau (CFPB) have also been targeted:

• Regulations on digital payment apps processing over 50 million transactions annually
• Limits on bank overdraft fees

These repeals have drawn criticism from consumer advocates who argue they remove important protections for vulnerable Americans.

The Broader Deregulatory Agenda

House Speaker Mike Johnson (R-La.) has framed these efforts as essential to economic recovery: “House Republicans are leveraging the Congressional Review Act to support President Trump in undoing the damage of the Biden Administration’s war on American energy.”

Majority Leader Steve Scalise’s February announcement of ten targeted Biden regulations reveals the broader scope of Republican ambitions. While five from his original list have already been overturned, several more await action:

Pending Legislation

Currently moving through Congress are measures to repeal:

• Commercial refrigerator and freezer consumption limits
• Certification and labeling requirements for 20 household products, including:
  • Dishwashers
  • Washing machines
  • Central air conditioners
  • Heat pumps

Strategic Coordination

The Republican strategy involves careful coordination between the House and Senate, with plans to transmit multiple related measures to the President simultaneously. This approach maximizes efficiency and creates political momentum for the deregulatory agenda.

Industry Response and Economic Implications

The business community has largely celebrated these regulatory rollbacks. The American Petroleum Institute praised the repeal of methane fees as “a victory for American energy workers and consumers.” Similarly, the cryptocurrency industry, which had actively supported Trump’s campaign, welcomed the elimination of what they considered unworkable reporting requirements.

However, economic analysts remain divided on the long-term impacts:

Supporters Argue:

• Reduced regulatory burden will lower business costs
• Decreased compliance expenses will benefit consumers
• Removing restrictions will boost domestic energy production
• Simplified regulations will encourage innovation and investment

Critics Counter:

• Short-term savings may lead to long-term environmental costs
• Consumer protections are being sacrificed for industry profits
• Reduced efficiency standards could increase energy consumption
• Environmental damage may create future economic liabilities

Environmental and Consumer Protection Concerns

Environmental groups have reacted with alarm to the regulatory rollbacks, particularly those affecting emissions and energy efficiency. The Natural Resources Defense Council warned that repealing the methane fee “will accelerate climate change and harm public health.”

Consumer advocates express similar concerns about financial deregulation:

• Removing overdraft fee limits could disproportionately affect low-income Americans
• Loosening oversight of digital payment platforms may increase fraud risks
• Reduced appliance efficiency standards could lead to higher utility bills

The Political Calculus

The aggressive use of the CRA reflects several political calculations:

1. Limited Window of Opportunity

Republicans understand their current trifecta control (House, Senate, Presidency) may not last beyond the next election cycle. The CRA provides a rare opportunity to achieve lasting regulatory changes with simple majorities.

2. Base Mobilization

Delivering on deregulation promises energizes the Republican base and fulfills campaign commitments to industry supporters.

3. Economic Messaging

Republicans are betting that regulatory relief will translate into economic benefits they can showcase in upcoming elections.

4. Ideological Reshaping

Beyond immediate policy impacts, this effort represents a broader attempt to reshape the federal government’s regulatory philosophy.

Legal and Procedural Complexities

While the CRA provides a streamlined process, it comes with important limitations and complexities:

The “Substantially Similar” Rule

Once Congress disapproves a regulation using the CRA, agencies cannot issue “substantially similar” rules without explicit congressional authorization. This creates permanent barriers to future regulatory action in affected areas.

Timing Challenges

The CRA’s time limits create intense pressure to act quickly. After the expedited period expires, resolutions face normal Senate procedures, including potential filibusters requiring 60 votes to overcome.

Constitutional Questions

Some legal scholars argue that the CRA’s restrictions on future regulatory action may violate constitutional principles of legislative non-entrenchment—the idea that one Congress cannot bind future Congresses.

Historical Context and Precedent

The current Republican use of the CRA echoes similar efforts during the early Trump administration in 2017, when Congress overturned 16 Obama-era regulations. However, the current campaign is notable for its focus on energy and financial regulations, reflecting evolved Republican priorities and changed economic circumstances.

Historical parallels include:

• The Reagan administration’s deregulatory efforts in the 1980s
• Gingrich-era Republicans’ regulatory reform initiatives
• The Trump administration’s “two-for-one” executive order on regulations

Impact on Federal Agencies

The regulatory rollbacks are forcing federal agencies to adapt rapidly:

Administrative Challenges

• Agencies must halt enforcement of overturned rules
• Staff must be retrained on revised regulatory frameworks
• Ongoing investigations may need to be discontinued
• Resources must be redirected to other priorities

Morale and Mission

Career civil servants face challenges as political priorities shift dramatically. Some agencies report difficulty retaining experienced staff who feel their expertise is being disregarded.

Future Implications

The current deregulatory push will have lasting consequences:

1. Regulatory Philosophy

The systematic dismantling of Biden-era rules signals a fundamental shift in how Republicans view the appropriate scope of federal regulation.

2. Industry Behavior

Businesses are adjusting investment and compliance strategies based on the new regulatory environment, potentially making future re-regulation more difficult.

3. State-Level Responses

Some Democratic-led states are already moving to implement their own regulations to fill federal gaps, potentially creating a patchwork of rules that complicates interstate commerce.

4. International Competitiveness

Changes in environmental and financial regulations may affect America’s position in global markets, particularly as other nations maintain or strengthen their own regulatory frameworks.

The Democratic Response

Democrats have largely been powerless to stop the regulatory rollback due to the CRA’s procedural advantages. However, they’re pursuing several strategies:

Legislative Tactics

• Forcing recorded votes to create campaign trail accountability
• Offering amendments to soften the impact of repeals
• Using floor speeches to highlight potential negative consequences

Public Messaging

Democrats are working to frame the rollbacks as giveaways to special interests at the expense of ordinary Americans, particularly focusing on:

• Environmental protection
• Consumer financial security
• Worker safety
• Public health

Legal Challenges

Some Democratic attorneys general are exploring potential lawsuits challenging both the CRA’s constitutionality and specific regulatory repeals.

Looking Ahead: The Next Phase

As the window for CRA resolutions begins to close, attention turns to what comes next:

Remaining Biden Rules

Republicans are prioritizing which remaining Biden regulations to target before the expedited period expires, focusing on those with the greatest economic impact or political significance.

Regular Legislative Process

After the CRA window closes, Republicans will need to rely on traditional legislation to achieve further deregulation, requiring either Democratic support or elimination of the Senate filibuster for regulatory matters.

Administrative Actions

The Trump administration is simultaneously pursuing deregulation through executive orders and agency rulemakings, creating multiple paths toward their deregulatory goals.

Conclusion: A Transformative Moment

The first 100 days of Republican control have ushered in one of the most significant regulatory reversals in recent American history. Through strategic use of the Congressional Review Act, Republicans have successfully dismantled key components of the Biden administration’s regulatory framework, particularly in energy and financial sectors.

This effort represents more than routine political turnover; it signals a fundamental philosophical shift in the relationship between government and industry. While supporters celebrate the reduction of bureaucratic burdens and potential economic benefits, critics warn of long-term consequences for environmental protection, consumer safety, and public health.

As the expedited period for CRA resolutions draws to a close, the full impact of these changes remains to be seen. What is clear is that this regulatory transformation will shape American economic and environmental policy for years to come, regardless of future political shifts.

The success of Republicans in leveraging their narrow congressional majorities to achieve such sweeping changes demonstrates both the power of procedural tools like the CRA and the high stakes of American elections. As businesses, consumers, and environmental advocates adapt to this new regulatory landscape, the debate over the proper role of government in regulating the economy continues to evolve.

Whether this deregulatory wave ultimately proves beneficial or harmful to American interests will likely be debated for years to come. What cannot be disputed is that the first 100 days of Republican control have fundamentally altered the regulatory framework governing multiple sectors of the American economy, marking a pivotal moment in the ongoing struggle between regulatory oversight and free-market principles.