Labrador Letter – August 18, 2023

It’s been another busy week in the Attorney General’s office holding the federal government accountable. This week, I joined with 27 states to call on the United States Supreme Court to grant certiorari in the case of Loper Bright Enterprises v. Raimondo and to correct an earlier decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. that has paved the way for administrative overreach. Chevron has been interpreted by lower courts to require deference to an executive agency’s interpretation of statutes that it administers and that may be ambiguous.

The Chevron deference doctrine has made our country less democratic and provided the executive branch with inordinate power. Idahoans did not elect federal agencies to legislate for them.

Overturning Chevron is a vital step in curbing bureaucratic overreach and putting power back in the hands of voters.

Additionally, my office joined a 16-state coalition in a letter to U.S. Congressional leadership, urging the passage of the Ending Agricultural Trade Suppression (“EATS”) Act. The bill prevents California from regulating farmers and ranchers across the country by preserving states’ authority to regulate agriculture within their own borders. Passing the EATS Act would protect Idaho’s farmers and ranchers from the unnecessary burden California is inflicting on them. It would also provide greater access to the largest market in the nation for our small businesses that rely on out of state sales. By passing the EATS Act, Congress can end California’s discriminatory practice.

In another effort to reduce federal overreach, I joined a West Virginia-led coalition of 21 states opposing the U.S. Environmental Protection Agency’s proposed new rule on existing coal, natural gas, and oil-fired power plants. The proposal attempts to regulate those plants under the Clean Air Act by imposing more stringent emissions standards. The letter explains how the proposal violates the Supreme Court’s decision on West Virginia v. EPA because Congress hasn’t given EPA clear statutory authorization to remake the electricity grids. That means the agency cannot sidestep Congress to exercise broad regulatory power that would radically transform the nation’s energy grids—and force states to fundamentally shift their energy portfolios away from fossil fuel-fired generation.

Finally, as student loan borrowers resume payments on their federal student loans in October 2023, my office warned affected Idahoans about scams targeting borrowers. Some of the most common scams are:

• For a fee, the scammer will claim to be able to arrange smaller monthly payments.
• For a fee, the scammer will claim they can negotiate loan forgiveness on behalf of borrowers.
• The scammers will call posing as a loan servicer collecting on passed due amounts and pressure borrowers to make payments over the phone.

It is a great honor to represent the people of Idaho as Attorney General. I will continue to challenge federal overreach and fight for Idaho’s values every day in office.