PHOENIX, Ariz. (Feb. 26, 2025) โ Today, the Arizona House passed a bill that would halt state and local enforcement of a number of long-standing EPA rules and regulations.
Rep. Lisa Fink and two cosponsors filed House Bill 2059 (HB2059). The proposed law would ban the state, its agencies, its political subdivisions, and their employees from using “any personnel or financial resources to enforce, administer or cooperate” with specified “federal actions or programs” regulating air, water, and natural resources.
The federal actions and programs that would no longer be enforced by the state include three specific provisions of the Clean Air Act of 1963, regulation of waters covered by the Federal Water Pollution Control Act Amendments of 1972, energy efficiency standards for new construction of housing authorized by the Energy Independence and Security act of 2007, The Mexican wolf reintroduction program pursuant to the Endangered Species Act of 1973, and The incidental take permitย program pursuant to the Endangered Species Act of 1973.
On Feb. 26, the House passed HB2059 by a 32-27 vote.
The proposed law would not prohibit state agencies and their employees from complying with a court order.
HB2059 also addresses long-standing agency rule-making under theย Chevron Doctrine, as it stipulates that in any proceedings to enforce compliance with the specified federal laws and EPA regulations, โthe court shall decide all questions of law and questions of factโฆwithout deference to any previous determination that may have been made on the question by a federal agency.โ
Any state employee or agent found to have violated the proposed law would be subject to a $3,000 civil penalty on the first offense. Political subdivisions or state agencies in violation of the law would lose state funding.
EFFECTIVE
The federal government relies heavily on state cooperation to implement and enforce almost all of its laws, regulations, and acts โ including EPA rules and regulations. By simply withdrawing this necessary cooperation, states and localities can nullify many federal actions in effect. As noted by the National Governorsโ Association during the partial government shutdown of 2013, โstates are partners with the federal government onย mostย federal programs.โ
Based onย James Madisonโs advice for states and individualsย inย Federalist #46, a โrefusal to cooperate with officers of the Unionโ represents an extremely effective method to bring down EPA rules and regulations because most enforcement actions rely on help, support, and leadership from state and local governments.
Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a televised discussion relating to federal gun control,ย he noted that a single state taking similar stepsย would make federal gun laws โnearly impossibleโ to enforce.
LEGAL BASIS
The provisions prohibiting the state from enforcing EPA rules and regulations rest on a well-established legal principle known asย the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program โ whether constitutional or not. The anti-commandeering doctrine is based primarily on five Supreme Court cases dating back to 1842.ย Printz v. U.S.ย serves as the cornerstone.
โWe held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the Statesโ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the Statesโ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.โ
No determination of constitutionality is necessaryย to invoke the anti-commandeering doctrine. State and local governments can refuse to enforce federal laws or implement federal programs whether they are constitutional or not. A state could refuse to provide personnel or resources to the federal government just because it is Tuesday and itโs snowing.
WHATโS NEXT
HB2059 will move to the Senate for further consideration. Once it receives a committee assignment, it must get a hearing and pass by a majority vote before moving forward in the legislative process.
- Ignorance and Freedom Cannot Coexist - March 19, 2026
- The Federal Government is Not the Boss - March 8, 2026
- One Step is a Step Too Far - February 28, 2026