Kentucky’s New Regulation Law Faces Legal Pushback

April 8, 2025 - A new law in Kentucky limiting state agencies from adopting costly regulations is facing legal pushback from Democrat Gov. Andy Beshear, who argues it violates the state constitution’s separation of powers.

On the national level, Sen. Mike Lee, R-Utah, and Rep. Kat Cammack, R-Fla., are sponsoring the federal REINS Act—short for Regulations from the Executive in Need of Scrutiny. The bill would require congressional and presidential approval for any federal regulation with an annual economic impact of $100 million or more. Backers say the bill restores constitutional checks on agency power. Despite support from multiple Senate Republicans, the proposal has yet to gain serious traction on Capitol Hill.

By contrast, Kentucky lawmakers have already enacted a state version of REINS. Overriding a veto by Gov. Andy Beshear, the Kentucky General Assembly passed House Bill 6 in late March. It bars state agencies from issuing new regulations that would cost more than $500,000 over two years unless they meet narrow exceptions—such as addressing an immediate public health threat or complying with legal deadlines.

Beshear has filed suit in Franklin Circuit Court, calling the law a violation of the state constitution’s separation of powers. His administration argues the bill improperly shifts executive authority to the legislature and could prevent implementation of new programs.

The conservative group Americans for Prosperity, which backed HB 6, argues the law includes adequate safeguards and accuses Beshear of avoiding accountability.

“If the governor or his administration had read the law, they would know that it has a stipulation for regulations that come out of legislation for the executive branch to promulgate these regulations, as well as a generous stipulation for the governor’s emergency powers,” AFP-KY State Director Heather LeMire said in a statement. “It is clear that Governor Beshear wants to avoid accountability and make policy, but that is the job of the legislature.

A judge has yet to rule on Beshear’s request to block the law’s enforcement, which took effect immediately under an emergency clause.