July 19, 2016
Carson City, NV – Today, Nevada Attorney General Adam Paul Laxalt joined a coalition of 15 state attorneys general in sending a letter to Congress to advocate for limits on overreach by federal agencies.
The letter explains how federal agencies are acting outside of their congressionally delegated authority, imposing mounting costs on citizens, businesses and governments at the state and local levels. According to the letter, the agencies fail to consider the costs of regulations and unnecessarily override existing state laws.
“Unlawful federal regulations not only burden citizens and businesses with unnecessary costs, but also violate the separation of powers and the bounds of their agencies’ authority,” said Laxalt. “This letter urges Congress to take action to ensure that agencies make rules transparently and in accordance with the laws enacted by Congress. I remain committed to addressing the growing problem of federal overreach and protecting Nevadans from its deleterious effects.”
The letter highlights the trend among agencies of making rules by issuing so-called “guidance” documents. It states that although the Administrative Procedures Act requires a notice and comment period for any change an agency will enact, federal agencies have been avoiding this process by issuing guidance documents. While legitimate “guidance” should only offer advice, agencies are using them to create new obligations and sanctions for those who do not comply.
In addition to Nevada, other attorneys general who have signed onto the letter include: Alabama, Arizona, Arkansas, Georgia, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, Texas, Utah, West Virginia and Wisconsin.
To view the signed letter, click here.