What: On August 15, 2025, the U.S. Department of Justice (DOJ) published a notice seeking comments on state laws that have significant adverse effects on the national economy or significant adverse effects on interstate commerce. This notice is an outgrowth of Executive Order 14219, which directed federal agencies to initiate a process to review all regulations and identify regulations that, among other things, impose undue burdens on small businesses and impede private enterprise and entrepreneurship.
Why: Federal regulatory burdens are only part of the story. State-level practices can drive up nationwide costs and undermine American safety and federalism by projecting the regulatory preferences of a few states into all states.
Action: Small businesses should provide feedback on:
- State laws that unduly burden interstate commerce, raise costs, or harm markets;
- Whether such laws may be preempted under existing federal authority, and if so, which authority;
- Potential federal legislative or regulatory remedies for these laws or their effects; and
- Which federal agencies are best suited to address these concerns.
Read the proposed rule and submit comments by September 15, 2025.
You may also attend the virtual roundtable being held on September 9, 2025, at 2 PM ET. View the agenda and register for the roundtable.
Is your small business or entity being negatively impacted by a proposed rule? If yes, write a comment letter to the proposing agency.