The Consumer Federation of America (CFA) joined dozens of other organizations in a sign-on letter opposing any attempt to use the Congressional Review Act (CRA) in an unprecedented and improper fashion. This includes a resolution to aim to repeal waivers issued during the previous administration by the U.S. Environmental Protection Agency (EPA) to the state of California, which allow California to set protective pollution standards for certain vehicles under the Clean Air Act (CAA) without being preempted by national standards established by EPA.

The CRA process is being flagrantly abused, resulting in a fundamental unsettling of existing filibuster rules. Congress has a choice: it can either choose to follow the intent and plain language of the CRA as it has done since the law was passed, or it can take the unprecedented step of using the CRA on an agency action that is simply not subject to the law, which will stretch the CRA beyond its breaking point and inevitably lead to future attempts to abuse the law. And if Congress refuses to follow the CRA’s rules, then perhaps it should consider repealing the law altogether.

Until that happens, however, we urge you to follow the CRA’s clear rules defining the scope of its applicability.