Author: Molly Byrne
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Congressional Republicans reintroduce REINS Act with new provisions
Rep. Kat Cammack (R-Fla.) and Sen. Rand Paul (R-Ky.) on Sept. 18 reintroduced the Regulations from the Executive in Need of Scrutiny (REINS) Act in the 118th Congress with four additional provisions that would: The background The REINS Act is a legislative proposal that would require congressional approval of major agency rules with an economic…
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24 Republican attorneys general oppose California’s electric truck regulation
Twenty-four Republican attorneys general sent a letter on Sept. 16 to the Environmental Protection Agency (EPA) asking the agency to block the California Air Resources Board’s (CARB) Advanced Clean Fleets regulation, which would require fleet owners operating in the state to use electric trucks. The attorneys general argue California’s regulation impacts national transportation industries and…
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Air Force cites Loper Bright in refusal of EPA order
What’s the story? The U.S. Air Force announced in July it would not comply with an Environmental Protection Agency (EPA) order to clean polluted drinking water in Tucson, Arizona. The Air Force argued federal regulators did not have the authority to issue the order, citing Loper Bright Enterprises v. Raimondo—the June 2024 SCOTUS case overturning…
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Wisconsin voters defeat two ballot measures related to nondelegation
What’s the story? Voters in Wisconsin defeated two constitutional amendments on August 13 related to state appropriations authority. The ballot measures proposed strengthening the state’s nondelegation doctrine—an administrative law principle that limits lawmakers’ ability to delegate legislative powers to executive agencies. The measures’ opponents argued the legislature would slow the distribution of federal funds if…
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Fifth Circuit sends ESG rule to lower court following Loper Bright
The United States Court of Appeals for the Fifth Circuit ruled July 18 that the U.S. District Court for the Northern District of Texas must rehear a case opposing the Department of Labor’s (DOL) 2022 environmental, social, and corporate governance (ESG) investing rule. Appeals Judge Don R. Willett said the lower court needed a chance…
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The details of law enforcement union collective bargaining agreements contribute to policy discussions following the shooting of Sonya Massey
In the case of Deputy Sean Grayson’s fatal shooting of Sonya Massey, the details of the relevant police collective bargaining agreements should be reported and analyzed as important context. Did the CBAs make records more difficult to access or require the purging of certain details or reprimands from official disciplinary records? Could CBA provisions have…
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Arizona legislature puts measure on Nov. ballot that would establish REINS-style oversight of agency rulemaking
The Arizona State Legislature on June 12, 2024, put a ballot measure on the Nov. 5 ballot that would amend state law to require legislative ratification of certain state agency rules. If voters approve the measure, proposed rules estimated to increase regulatory costs by more than $500,000 over five years will need legislative ratification to…
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SCOTUS issues decisions overturning Chevron, limiting SEC adjudication proceedings scope, and more
The U.S. Supreme Court issued its final decisions for the October 2023 term on July 1, 2024. The Supreme Court issued decisions in nine cases related to administrative law during the term. Some of the term’s administrative state-related SCOTUS rulings limited the authority and influence of administrative agencies. Notably, SCOTUS ruled against judicial deference to…
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Supreme Court overturns Chevron deference
The U.S. Supreme Court decided 6-3 to overturn Chevron doctrine on June 28, holding that federal courts may not defer to an agency’s interpretation of an ambiguous statute. In two consolidated cases—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—the court ruled that the Administrative Procedure Act (APA) requires courts to rely…