Congress passes resolutions to nullify Biden-era rules on the environment and energy

By

Briana Ryan

Welcome to the Wednesday, March 19, Brew. 

By: Briana Ryan

Here’s what’s in store for you as you start your day:

  1. Congress passes resolutions to nullify Biden-era rules on the environment and energy
  2. Six members of Congress have announced they will not seek re-election in 2026
  3. Five candidates are running in the Omaha mayoral primary election on April 1

Congress passes resolutions to nullify Biden-era rule on the environment and energy

In March, the U.S. Congress passed two joint resolutions to nullify federal environmental and energy policy regulations implemented during Joe Biden’s (D) administration. Congress passed the resolutions through the 1996 Congressional Review Act (CRA), which allowed Congress to nullify new federal regulations that government agencies create through a joint resolution of disapproval.

Today, we’ll look at the historical uses of CRA resolutions, but first, let’s dig into the two joint resolutions that both chambers of Congress recently passed.

House Joint Resolution 35 (HJR35) opposed the Environmental Protection Agency‘s (EPA) Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions rule. The rule implemented compliance measures through the Methane Emissions Reduction Program (MERP) enacted under the Inflation Reduction Act (IRA) of 2022. It increased fees on waste emissions that exceeded the legal limit.

  • Sierra Club‘s Beyond Fossil Fuels director Mahyar Sorour argued that since the EPA is required under the IRA to implement these regulations, “forcing the agency to implement the charge some other way after conducting a thorough, well-researched process is as wasteful of taxpayer resources as these oil and gas operators are wasteful of harmful methane.”
  • Executive vice president and chief advocacy officer for the American Petroleum Institute, Amanda Eversole, said the regulation implemented a “duplicative, punitive tax on American energy production that stifles innovation.” U.S. Senate Committee on Environment and Public Works Chair Sen. Shelley Moore Capito (R-W.V.) said the committee is drafting legislation to include in a budget reconciliation bill to remove the statute authorizing the EPA to promulgate the rule.

Senate Joint Resolution 11 (SJR11) opposed the Bureau of Ocean Energy Management’s (BOEM) Protection of Marine Archaeological Resources rule, which required archaeological reports for any oil and gas exploration or development plan, including the Outer Continental Shelf (OCS).

  • BOEM Director Elizabeth Klein said, “Improving reporting requirements will increase our ability to proactively identify marine archaeological resources and decrease the likelihood of unintentional damage caused by OCS activities. This step is necessary to ensure compliance with the National Historic Preservation Act, protect cultural heritage, and promote responsible development of offshore energy resources.”
  • Rep. Nick Begich (R-Alaska) said, “By requiring costly archaeological reports before companies can even explore on the Outer Continental Shelf, this particular rule delayed investment, drove up costs, and discouraged the very production we need to achieve energy independence. I was proud to support this resolution to roll back yet another Biden-era regulation that locked up American energy producers.”

The resolutions of disapproval were sent to President Donald Trump (R) for his signature on March 4 and March 10, respectively. Presidents have a 10-day window, excluding Sundays, to act on bills, after which they pass into law without a signature. That window for HJR 35 ended on March 15, and the bill passed into law without his signature. He has until March 21 to act on SJR 11.

As of March 17, the 119th Congress has introduced 54 resolutions to overturn Biden-era regulations. Six resolutions passed one chamber, and one passed both (SJR11). Only one resolution (HJR35) was enacted as of March 17.

Between 1996 and March 2025, Congress introduced more than 500 joint resolutions, and more than 109,000 federal rules were implemented. Below are the number of CRA resolutions the last five presidents have signed and vetoed.

Click here to learn more about how the CRA has been used since its enactment.

Six members of Congress have announced they will not seek re-election in 2026

With 20 months to go until the 2026 midterm elections, six members of Congress—four senators and two representatives—have announced that they will not seek re-election that year. We’ll explain how these figures compare to previous years and what they tell us about the state of play for both parties in 2026.

U.S. Senate

Since our Feb. 20 update on congressional retirements, Sens. Mitch McConnell (R-Ky.) and Jeanne Shaheen (D-N.H.) announced their retirements on Feb. 20 and March 12 respectively. The two join Sens. Tina Smith (D-Minn.) and Gary Peters (D-Mich.), who announced their retirements on Feb. 13 and Jan. 28, respectively.

Early race ratings from three independent forecasters show that McConnell’s seat is considered Solid/Safe Republican. However, ratings for the other three seats show a more competitive landscape.

The Hill’s Julia Manchester and Caroline Vakil wrote, “Democrats could hold the Senate seats in all three states in 2026, as the party out of the White House historically gained ground in the first midterm election of a president’s term. But it will certainly be more of an uphill climb without the three incumbents.”

Looking back at the 2024 election cycle, eight incumbent senators did not run for re-election. Six did not run again in 2022, four did not in 2020, and three did not in 2018.

U.S. House of Representatives 

Since our last update, Rep. Byron Donalds (R-Fla.) announced on Feb. 25 that he will run for governor of Florida instead of another term in Congress. Donalds joins Rep. Andy Biggs (R-Ariz.), who announced on Jan. 25 that he was also planning not to seek re-election to run for governor of Arizona.

Additionally, Reps. Raúl Grijalva (D-Ariz.) and Sylvester Turner (D-Texas) died since our last update. We do not include incumbents leaving office early in our analysis of incumbents not running for re-election.

Looking back at the 2024 election cycle, 45 incumbent representatives did not run for re-election in 2024, 49 did not in 2022, 36 did not in 2020, and 52 did not in 2018.

For more information on incumbents retiring in 2026, click here.

Five candidates are running in the Omaha mayoral primary election on April 1

As part of our ongoing coverage of local elections across the U.S., we’re spotlighting this year’s nonpartisan mayoral primary in Omaha, Nebraska. Five candidates are running in the April 1 primary. Incumbent Mayor Jean Stothert, John Ewing Jr., and Mike McDonnell lead in polling and fundraising.

As in so many elections, issues like economic development and public safety are staples on the campaign trail. However, one issue in this election specific to the Omaha community is the ongoing debate over the construction of a streetcar. The candidates have each taken a different approach to addressing the streetcar, which is expected to be operational in 2028.

  • According to Stothert’s campaign website: “Initiatives such as the modern streetcar project will seamlessly connect our attractions and employers with popular entertainment districts and university campuses, fostering a vibrant, accessible community that attracts new businesses and young professionals.”
  • Ewing has criticized the project but said he would maintain it because it is too far in progress: “I believe this decision is detrimental to Omaha… it’s unfortunately too late to stop it. Legal action at this point would be costly and likely unsuccessful.” 
  • McDonnell, who has also criticized the project, said he wants to stop it and put the plan on the ballot: “If I’m wrong, and the people decide they want the streetcar, I’ll work night and day to make it successful, but I don’t believe that’s what the people want.”

Now that you’ve heard about the candidates’ positions on a local issue, let’s dive into their backgrounds.

Stothert was first elected mayor in 2013 after defeating then-incumbent Jim Suttle in the general election 57% to 43%. She then won re-election in 2017 by six percentage points and again in 2021 by 30 percentage points. Stothert is affiliated with the Republican Party.

Ewing was first elected Douglas County Treasurer in 2006 after defeating then-incumbent Julie Haney in the general election 58% to 42%. He then won re-election after running unopposed in 2010, 2018, and 2022. In 2014, Ewing won re-election by 21 percentage points. Ewing is affiliated with the Democratic Party.

McDonnell was first elected to represent District 5 in the Nebraska Senate in 2016 after defeating Gilbert Ayala in the general election 70% to 30%. He then won re-election in 2020 by 26 percentage points. In April 2024, McDonnell switched his party affiliation from the Democratic to the Republican Party.

Terry Brewer and Jasmine Harris are also running. 

Omaha is the 38th largest city in the U.S. and the sixth largest Republican-led city. Click here for more information on the partisan affiliation of the mayors of the 100 largest U.S. cities by population.
For an in-depth look at Omaha’s nonpartisan mayoral primary, click here.