Arizona has joined a coalition of 13 states in urging Congress to curb the authority of federal agencies to create and enforce regulations.
The attorneys general of Arizona, Arkansas, Colorado, Kansas, Louisiana, Montana, Nebraska, Nevada, South Carolina, Texas, Utah, West Virginia, and Wisconsin wrote to Senate Majority Leader Mitch McConnell urging the Senate to pass a bill that would amend the Administrative Procedure Act (APA), a statute which sets forth the requirements for lawful executive agency action.
The letter states that the Obama-era executive overreach demonstrates that existing congressional, judicial, and other structural checks on the regulatory state have proven inadequate.
One issue with current regulatory action highlighted in the letter is the increasing trend among agencies to make binding rules through so-called guidance documents.
According to the Arizona Attorney General’s Office, federal agencies often fail to consider existing state law or the costs of regulation. The growing administrative state has resulted in a vast, unelected bureaucracy that is unaccountable to the people.