AFPF Files Regulatory Comment Showcasing Loper Bright’s Role in Endangered Species Act

Americans for Prosperity Foundation filed a comment supporting the Administration’s effort to rescind the regulatory definition of “harm” under the Endangered Species Act and to instead rely on the statutory definition of “take” without the additional interpretive gloss. This rescission is an important example of the types of regulatory definitions that were previously upheld relying…

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Americans for Prosperity Foundation-Alabama Highlights Impact of Certificate of Need Laws in New Report

Report Finds CON Laws Make Alabama Among the Most Restrictive Health Care Markets in the Country Montgomery, AL—Americans for Prosperity Foundation – Alabama (AFPF-AL) released a new report on Alabama’s outdated Certificate of Need (CON) laws which highlighted the negative impact these laws have on patients. CON regulations raise health care costs for Alabamians, while also decreasing…

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New study shows North Carolina’s CON law blocked $3 billion in health care investment in 3 years

A new analysis by Americans for Prosperity Foundation (AFP Foundation) shows North Carolina’s certificate-of-need (CON) program denied $2.8 billion in proposed health care investment since January 2022. The CON law requires health care providers to obtain approval from the Department of Health and Human Services before acquiring, replacing, or adding facilities, services, or equipment. AFP…

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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…

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Americans for Prosperity Foundation-Kentucky Releases Report Exposing the Harmful Impact of Kentucky’s Certificate of Need (CON) Laws  

FRANKFORT, KY – Today, Americans for Prosperity Foundation – Kentucky (AFPF-KY) released a comprehensive report detailing the failures of Kentucky’s Certificate of Need (CON) laws, advocating instead for commonsense reforms and solutions to expand healthcare innovation. The report authored by AFP health care policy analyst Sofia Hamilton and AFPF investigative analyst Thomas Kimbrell emphasizes how…

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Americans for Prosperity Foundation provides statement to House Veteran Affairs Committee on implications of Loper Bright decision

December 18, 2024 | The House Committee on Veterans’ Affairs (HVAC) held a hearing on Wednesday titled “Restoring Congressional Power over VA After Loper Bright Enterprises v. Raimondo.” AFP Foundation sent a statement for the record to the Committee to explain the significance of the Loper Bright decision and show how the Department of Veterans Affairs (VA)…

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VA’s Claim of an “Independent” Red Team Report Falls Apart Under Scrutiny

The Department of Veterans Affairs (VA) billed its Red Team report on the supposed “Urgent Need to Address Community Care Spending” as an “independent” assessment. Yet, documents obtained by Americans for Prosperity Foundation through the Freedom of Information Act paint a different picture: internal emails and chat logs show VA officials actively drafting, editing, and…

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AFP Foundation Responds to Law Profs Advocating for Abusing Emergency Powers

AFP Foundation’s Thomas Kimbrell and Kevin Schmidt write in the Yale Journal on Regulation responding to Berkeley Law Professors Elena Chachko and Katerina Linos’ “Emergency Powers for Good,” published in the William & Mary Law Review. Chachko and Linos argue that in some cases, “invoking emergency powers is the only viable way to break deadlock and enact long…

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Another Legislative Audit Shows Failure of STAR Bond Program

The Kansas Legislative Division of Post Audit released a follow up to its 2021 audit of the STAR Bond program, and the findings reveal that even allowing the Department of Commerce to pick and choose its favored metrics—improving local quality of life—doesn’t show a program that benefits taxpayers. The problem with their favored metric is that “Commerce…

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