Author: Mina Vogel
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Tennessee Enacts REINS-style bill, the second REINS state in 2026
On May 19, Tennessee Gov. Bill Lee (R) signed HB 1913 into law. The bill introduces a REINS-style requirement for agency rulemaking, under which the legislature must approve of proposed rules exceeding a cost threshold. The bill also requires rulemaking agencies to seek feedback from trade organizations that would be affected by a proposed rule,…
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Department of Education issues regulation modifying federal student loan programs
On May 1, the Department of Education issued a final rule that overhauls federal graduate student borrowing limits, parental borrowing limits, and replaces current income-driven repayment plans. This regulation, the majority of which will go into effect on July 1, 2026, implements some of the changes that the One Big Beautiful Bill Act (OBBBA) made…
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Five Republican trifecta states and one with divided government enact bills reducing agency power in 2026
State legislative sessions in 2026 have featured a number of bills affecting the administrative state, with five Republican trifecta states and one state with a divided government enacting bills that reduce the power of state agencies. The term administrative state refers to executive branch agencies with unelected officials (in this case, at the state level)…
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Alabama enacts bill ending state judicial deference, Georgia Legislature passes similar bill
On March 31, 2026, Alabama GovernorKay Ivey (R) signed SB 167, ending judicial deference practices in state courts. Judicial deference is a practice by courts by which they adopt an agency’s reading of an ambiguous statute, regulation, or other document in cases involving that agency. SB 167 removes language in the state Administrative Procedure Act…
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Wisconsin Governor vetoes four bills that would curtail agency rulemaking power
On March 20, Wisconsin Governor Tony Evers (D) vetoed Senate Bills (SB) 275, 276, 277, and 289. These four bills were part of a legislative package that Republican sponsors called a “Red Tape Reset,” which would have limited agency rulemaking powers. Wisconsin has a divided government. SB 275 would have required that agency statements of…
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South Dakota enacts REINS law, first new REINS state in 2026
On March 12, South Dakota Governor Larry Rhoden (R) signed Senate Bill 133 into law. SB 133 is a REINS-style law, requiring legislative committee review and potential legislative approval for new executive agency rules expected to cost $3 million or more over a two-year period. South Dakota is the 10th state to enact a law…
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EPA revokes Obama-era ‘endangerment finding’ on greenhouse gas emissions
On Feb. 18, 2026, the Environmental Protection Agency (EPA) published a final rule which revokes the agency’s 2009 ‘endangerment finding’ on greenhouse gas emissions. The endangerment finding was an interpretation of the Clean Air Act that found that greenhouse gases could be regulated as pollutants under the Act. President Donald Trump (R) announced the decision…
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Trump signs more Congressional Review Act resolutions in 2025 than in every previous year combined
On Dec. 11, President Donald Trump (R) signed five resolutions of disapproval under the Congressional Review Act (CRA), bringing the total number of enacted CRA resolutions this year to 22. Trump has now signed more CRA resolutions in 2025 than all presidents in every other combined. Between his two administrations, Trump has signed 95% of…
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Trump signs resolution disapproving of Bureau of Land Management plan for the National Petroleum Reserve
On Dec. 5, President Trump (R) signed a resolution of disapproval under the Congressional Review Act (CRA) into law, disapproving of a Bureau of Land Management (BLM) resource management plan for land administered by the BLM in the National Petroleum Reserve-Alaska. This resolution is the first time the CRA has been used to disapprove of…
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Trump executive order creates new federal employee classification for political appointees
On July 17, President Donald Trump (R) issued an executive order to expand the number of politically appointed federal employees. The “Creating Schedule G in the Excepted Service” executive order created a new job classification for federal workers, called Schedule G. Employees hired under Schedule G would be considered political appointees, serving without the legal…