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New Jersey governor establishes new regulatory principles (2019)

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Administrative State
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State governments have taken a variety of actions that impact the administrative state at the state level. These actions may address aspects of the regulatory process—such as rulemaking and regulatory review—or interactions between the administrative state and other branches of state government, including judicial deference.

The following news event demonstrates a noteworthy response to administrative practices made by state governments. Click here to view a full list of noteworthy state approaches to address the administrative state.

New Jersey governor establishes new regulatory principles (2019)

New Jersey Governor Phil Murphy (D) signed an executive order on April 2, 2019, establishing new regulatory principles for state administrative agencies. The order aims to create "a regulatory environment designed to support innovation, remove bottlenecks, and streamline interaction with the government, while supporting strong environmental, health, safety, and labor standards."[1]

The executive order directs state agencies to take the following regulatory actions:

  • Develop state-level regulations to protect the environment and safeguard New Jersey residents' health, safety, and welfare when federal regulations are deemed inadequate.
  • Consider the development of state-level regulations in the event that the federal government rescinds regulations aimed at protecting the environment or safeguarding public health, welfare, or safety.
  • Craft rules based on the best available data, including scientific data when applicable.
  • Shift state permitting process online when possible.
  • Provide plain-language summaries of regulations that can be understood by members of the public.
  • Engage with communities and stakeholders when developing regulations.
  • Provide cost-benefit analyses for regulatory actions.
  • Consider environmental justice concerns when crafting regulations. The order defines environmental justice as "fair and equitable treatment in decisionmaking that affects [the] environment, communities, homes, and health."
  • Consider alternatives to regulation, such as targeted incentives to encourage desired actions.[2]

The executive order took effect on June 1, 2019.[2]

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