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On March 20, 2024, we released a memorandum describing caselaw on how courts have developed the “Logical Outgrowth” concept under the Administrative Procedure Act.

On August 6, 2024, we released a memorandum describing The Congressional Review Act (CRA), which requires agencies to submit a report of a “rule” to each chamber of Congress and the Comptroller General before an agency action can take effect.  Under the CRA, Congress can follow an expedited process to overturn an agency action by issuing a joint resolution of disapproval within the CRA-defined timeframe.  Once Congress passes the joint resolution, the President must sign it or Congress must override the President’s veto for the joint resolution to become law.  Once a joint resolution passes these processes, the rule does not take effect or ceases having effect.  If a joint resolution of disapproval becomes law, the agency action “may not be reissued in substantially the same form” unless Congress passes a law specifically authorizing the rule.