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Last month Republican attorneys general of 15 states sent a letter to U.S. House and Senate majority and minority leaders Paul Ryan (R-Wisconsin), Nancy Pelosi (D-California), Mitch McConnell (R-Kentucky) and Harry Reid (D-Nevada) expressing their concern “about the mounting costs that unlawful federal regulations - advanced in violation of the Administrative Procedure Act - impose on citizens, businesses, and state and local governments.
The AGs said federal agencies seemed to be:
“(1) issuing guidance documents as a way to circumvent the notice-and-comment process; (2) regulating without statutory authority; (3) failing to consider regulatory costs; and (4) failing to fully consider the effect of their regulations on States and state law.”
The AGs went on to say that while they’re encouraged that Congress has recently considered legislation addressing some of those concerns, they want that body to “take action to ensure that agencies engage in transparent rulemaking consistent with separation of powers principles” and federal laws (FORBES, WEST VIRGINIA ATTORNEY GENERAL’S OFFICE).