Federal government, under Trump leadership, initiates all-encompassing assessment aimed at identifying and challenging state legislation deemed harmful to the national economy
The Trump administration has initiated a comprehensive review of state laws and regulations, aiming to identify those that significantly and adversely affect national or interstate economic activity. The joint effort is being carried out by the Justice Department and the National Economic Council.
The executive orders being reviewed all aim to ease regulatory burdens and orient executive branch agencies towards deregulation. One such executive order is a reversal of an Obama-era shower rule, while others are aimed at boosting domestic energy production.
The review specifically targets state laws that impose undue burdens on small businesses, impede private enterprise, and entrepreneurship. For instance, the Justice Department has cited California laws regarding egg and poultry production, arguing these raise prices for consumers.
The announcement seeks to identify state laws that may be preempted by existing federal authority. It also invites public comments in several areas, including state laws that significantly burden commerce in other states or between states, raising costs unnecessarily and harming markets nationwide.
The initiative also includes efforts to take on anti-competitive rules. The federal agency with subject-matter expertise to implement the efforts announced by the DOJ and NEC initiative addressing state laws and regulations that burden interstate economic activity is not explicitly named. However, typically, such expertise resides within the U.S. Department of Justice, particularly its Office of the Assistant Attorney General for the Office of Legal Policy or the Antitrust Division, which handles interstate commerce and regulatory burdens involving state laws.
The public is invited to provide input to aid the Administration's efforts in addressing these state laws and regulations. The announcement asks whether there may be federal legislative or regulatory means for addressing the state laws or regulations, or the burdens they cause. The aim is to determine which federal agency has the subject-matter expertise to address concerns lawfully within the federal government's authority.
This review is an outgrowth of a series of executive orders signed by President Donald Trump this year. It forms part of the administration's ongoing commitment to promoting economic growth and reducing regulatory burdens on businesses and consumers alike.
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