ICYMI: Right on Transparency Coalition Calls for States to Publish Federal Guidance

This week, the Right on Transparency Coalition called on states to publish regulatory guidance they receive from the federal government that impacts their state. Federal agencies frequently issue guidance documents that interpret and clarify statutes and regulations, as well as set official agency policy on important matters.  Though guidance documents are ostensibly not legally binding on regulated parties, in practice they often carry the force of law and contribute to overregulation.

Unlike official regulations, which are posted publicly, there is no official process for publishing guidance documents, making them hard to find and earning them the nickname “regulatory dark matter.” Many federal regulations affect state laws and regulations.  

During his first term, in an effort to increase government transparency, President Trump issued an Executive Order requiring federal agencies to post their regulatory guidance online; however, President Biden immediately revoked the order upon taking office. President Trump recently rescinded Biden’s revocation, thereby reviving his original order on Promoting the Rule of Law Through Improved Agency Guidance Documents. The details about how the federal government will reimplement the order still need to be determined.

States Can Grant Guidance Transparency Now

In the meantime, the Right on Transparency Coalition released a statement imploring states to proactively publish guidance documents they receive from the federal government. “It is important for states to commit to providing similar transparency,” Ryan Mulvey stated on behalf of the coalition.

Read the full press release and the Right on Transparency Coalition’s model policy on State Disclosure of Federal Guidance Documents.

Learn more about the Right on Transparency Coalition and their model policies promoting transparency in state governments.