This was on DemocracyNow this morning. I Googled the article at OMB Watch...
Midnight at the White House: Bush Using Rules to Cement Legacy
The Bush administration is working on a spate of rules it hopes to finalize before its time in power expires. The last-minute rules cover a broad range of policy, but many share a common trait: relaxing existing requirements on businesses. The Bush administration appears to be pushing to deregulate in areas like environmental protection, worker leave, and auto safety. Many of the controversial rules are expected to be finalized in the coming weeks. The administration is pushing to finalize rules in November, not January, in order to assure they cannot be undone by the next president.
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Options for Repeal
The next president will be unable to repeal or reverse any Bush-era regulations that are final and in effect. Short of actions taken by the courts in the face of potential lawsuits, the new administration's only option would be to restart the rulemaking process. A typical rulemaking can take years to complete.
Congress could take advantage of a little-known procedural law that allows lawmakers to nullify agency regulations. The Congressional Review Act gives members of either chamber 60 legislative days to introduce a so-called resolution of disapproval. If the resolution moves to the floor for a vote, it enjoys fast-track status and cannot be filibustered in the Senate.
However, because Congress is currently in recess and may only reconvene for a few days after the elections, fewer than 60 legislative days remain in the current Congress. Under the law, that would give a new Congress a new 60-legislative-day window in 2009 in which to introduce resolutions of disapproval for individual rules.
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http://www.ombwatch.org/article/articleview/4400Bottom Line: The new Congress will be able to overturn these regulations. But will they?
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