Federal oversight is in the spotlight as government watchdogs and Democratic lawmakers express concern over a proposed Republican plan in the Senate. This plan seeks to overrule the chamber’s parliamentarian to revoke federal waivers enabling California to impose stricter pollution standards.

Potential Implications of the GOP Proposal

Critics warn that the repercussions of this initiative could extend well beyond the environmental sector, paving the way for the Republican Party to pursue various other controversial components of its agenda. Lisa Gilbert, co-president of the consumer advocacy organization Public Citizen, articulated her concerns: “If senators are willing to overrule the Senate parliamentarian and circumvent Senate rules on the filibuster for the Congressional Review Act (CRA), there is nothing to stop them from going nuclear over and over with policies that would harm Americans and destabilize our democracy.”

Understanding the Congressional Review Act

The CRA allows lawmakers to review and overturn federal regulations with a simple majority vote in both chambers of Congress, bypassing the Senate’s 60-vote filibuster. This legislative tool—originally intended to increase congressional oversight—has been employed selectively, particularly by Republicans when it suits their interests. Currently, the Republican Party aims to leverage the CRA to nullify California’s Clean Air Act waivers, despite the Senate parliamentarian’s ruling that these waivers do not qualify as regulations subject to the CRA.

Warning Against Overruling the Parliamentarian

Defying the parliamentarian’s guidance would undermine long-standing Senate rules, leading to fears that this could set a precedent for future actions. Earlier this month, the Republican-controlled House passed a measure to revoke the California waivers under the CRA.

“Anti-democratic and authoritarian measures, corporate giveaways, and rights infringements that could never become law if normal Senate rules were followed might suddenly become law,” warned Gilbert. “A backdoor nuclear option sets an atrocious precedent and must not be allowed. Critical checks hang in the balance.”

Broader Concerns from Democratic Senators

Senator Sheldon Whitehouse (D-R.I.), who serves as the top Democrat on the Senate Environment and Public Works Committee, echoed these sentiments during a recent floor speech. He stressed that overruling the parliamentarian has implications that extend far beyond the CRA: “Think about how the Trump administration might abuse this,” he cautioned, referencing potential threats to media outlets and federal licenses.

Reactions from GOP Leadership

Senate Majority Whip John Barrasso (R-Wyo.) confirmed that the Senate would be considering the House-passed CRA resolution to revoke California’s waivers. Additionally, Republican leaders are reportedly still deliberating on further actions regarding the legislation.

Conclusion: A Call for Caution

As discussions continue, Gilbert asserted that making the Senate function more like the House could precipitate chaos, emphasizing, “That’s the last thing the country needs right now.”