As the Administration continues rolling out its environmental policy initiatives, much of the reaction from state attorneys general is expected to track along party lines. Republican attorneys general are likely to respond to anticipated policy shifts on multiple fronts, including through coordinated involvement in legislative and proposed rulemaking processes. As with the Democratic state attorneys general under the prior administration, Republican attorneys general are also likely to aggressively pursue legal challenges to policy changes, acting unilaterally or in coordinated, multistate coalitions where practicable.
Companies should keep in mind that, as a general rule, state attorneys general have broad authority to investigate and pursue civil and criminal enforcement actions, and that such power is not limited to enforcing state laws. In many states, the attorney general also has broad discretion regarding whether to pursue an investigation, and such discretion is generally not reviewable by the courts. Moreover, the investigative tools available to attorneys general are often derived from state statutes that lack certain protections commonly available in private litigation, a factor that is further aggravated when multiple state attorneys general collaborate in investigative actions. As these nuances illustrate, it is important at the onset of any such investigation or enforcement action that counsel representing the target entity carefully consider appropriate mechanisms for challenging or quashing the action, while also working to avoid unnecessary escalation of minor issues and keeping efficient resolution as the ultimate goal.
As the new Administration increases focus on environmental policy and enforcement, action at the state level will likely also increase as attorneys general look for opportunities to either support or mitigate the Administration's environmental agenda. The renewed emphasis on the environment will also lead to an increase in state attorney general investigative and enforcement action , sometimes involving large, multistate coordination.
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The Attorney General's Office believes that the economic security of working families is crucial to the economic well-being of California and will fight to make sure that everyone in our state can benefit from economic growth and consumer protections.
The Attorney General's Office is committed to protecting the rights of all people. Recognizing that discrimination has no place in our society,The Attorney General's Office is fighting to protect transgender students and adults across the nation, and strictly enforcing the recently enacted California law that prohibits state-funded travel to states that discriminate against LGBTQ communities.
Sexual violence derives from unequal power relationships, and is one of the most common violations of people’s rights. The Attorney General's Office is committed to combatting sexual violence in all its forms.
Law enforcement officers can only be effective if they are trusted by the communities they serve. Police agencies across the country now confront a crisis of confidence that not only complicates their dangerous work but also demands a meaningful response.