Can Joe Biden as president restore Obama regulations disapproved by congress?

[President Johnson]

In early 2017, the Republican congress passed and Trump signed a series of laws disapproving a number of regulations imposed by the Obama Administration during the year 2016, often titled "a resolution to disapprove of Rule X...", saying it shall have no effect. If Joe Biden becomes president early next year, can he restore these regultions by executive actions? Or does the Biden Administration need congress to overrule said resolutions from 2017? I've now read multiple times that he could quickly restore the environmental regulations Obama put in place, but I'm not sure whether that also applies to things congress disapproved.

[Pandaguineapig]

Depends on if his staff pry him to do so with the promise of pudding, they might also shove him off to the nursing home by then

[KaiserDave]

Depends on if his staff pry him to do so with the promise of pudding, they might also shove him off to the nursing home by then

Humor11!!11!!

[brucejoel99]

To correct the hypothetical, it wouldn't be Biden restoring Obama-era regulations through executive orders, but rather government agencies doing so through the rulemaking process of promulgating regulations.

In any event, though: no, the government agencies wouldn't be able to restore such regulations unless explicitly authorized to do so by Congress because, once pending regulatory rules are repealed by Congress under the purview the Congressional Review Act, government agencies are prohibited from reissuing such rules in substantially the same form or from issuing new rules that are substantially similar "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule," per 5 U.S. Code § 801(b)(2).

[President Johnson]

To correct the hypothetical, it wouldn't be Biden restoring Obama-era regulations through executive orders, but rather government agencies doing so through the rulemaking process of promulgating regulations.

In any event, though: no, the government agencies wouldn't be able to restore such regulations unless explicitly authorized to do so by Congress because, once pending regulatory rules are repealed by Congress under the purview the Congressional Review Act, government agencies are prohibited from reissuing such rules in substantially the same form or from issuing new rules that are substantially similar "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule," per 5 U.S. Code § 801(b)(2).

That's a very good answer.