Democratic State Attorneys General Move To Protect Key Priorities Just Days Before the Inauguration of President Trump

Democratic State Attorneys General took a series of actions to defend Biden Administration Rules on the environment, firearms, and immigration, in the final days before President Trump returned to the White House. While these State AGs argue that the rules at issue protect the public health and safety of their constituents and the nation, the incoming Administration has indicated that it may withdraw its support from some or all of these regulations. Notably, many of the Rules in question face legal challenges from Republican State Attorneys General. A look at the Democratic AGs’ actions is below.

Environmental Protection

Attorneys General for California, Connecticut, and New Jersey filed an amicus brief on behalf of 18 states in support of the U.S. Environmental Protection Agency’s Final Rule establishing nationwide drinking water standards for certain per- and polyfluoroalkyl substances. The amici argue that PFAS—so called “forever chemicals”—detrimentally impact public health and warrant a uniform national standard, not a state-by-state response.

New Jersey and 10 other states moved to intervene to defend the EPA’s final Lead and Copper Rule Improvements (LCRI). The LCRI imposes more stringent standards for lead in drinking water under the Safe Drinking Water Act (SDWA) and calls for most water utilities to replace water pipes made of lead within 10 years. The American Water Works Association filed a challenge to the Final Rule in the D.C. Circuit Court of Appeals.

California and 16 other states, along with the cities of New York, Chicago, and Los Angeles, moved to intervene to defend California’s Clean Air Act waiver for vehicle emissions regulations. The waiver prevents federal preemption of California’s Advanced Clean Cars (ACC) II program, which requires that, by model year 2035, 80% of the new passenger vehicles sold in California must be zero-emission, while the remaining 20% may be plug-in hybrids. The jurisdictions moving to intervene have adopted the ACC II standard or seek to protect their option to do so in the future.

Firearms

New Jersey Attorney General Matthew Platkin is leading an effort by more than a dozen states to defend two major actions by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. One Rule interprets the National Firearms Act to prohibit “Forced Reset Triggers” (FRTs), which allow owners to convert firearms into fully automatic weapons. The other, “Engaged in the Business” Rule, expands the category of vendors subject to regulation as a condition of selling firearms.

In 2024, Judge Reed O’Connor in the Federal District Court for the Northern District of Texas held that the ATF Rule banning FRTs was unconstitutional. The court blocked the ATF from taking enforcement actions regarding FRTs against a broad swath of entities and ordered ATF to return FRTs to distributors by February 22, 2025. The United States appealed the decision, and the parties are awaiting a decision from the U.S. Court of Appeals for the Fifth Circuit.

In 2022, Congress passed, and President Biden signed, the Bipartisan Safer Communities Act. The ATF issued a rule implementing the law’s expansion of the category of vendors subject to criminal background checks before they can sell firearms and requiring the dealers to keep records of their sales to aid law enforcement in solving crimes. The ATF estimates that this “Engaged in the Business” Rule would require between 25,563 and 95,505 individuals to obtain licenses to continue selling firearms.

New Jersey is joined in both actions by the Attorneys General of Colorado, Connecticut, Delaware, Hawaii, Maryland, Michigan, Minnesota, Nevada, North Carolina, Oregon, Rhode Island, Vermont, and Washington. The Arizona Attorney General joined as to the “Engaged in the Business Rule” only, and the Illinois and Massachusetts Attorneys General joined as to the FRT rule only.

Immigration

New Jersey Attorney General Platkin announced that he is leading a 14-state effort to defend health insurance access for beneficiaries of Deferred Action for Childhood Arrivals (DACA), commonly known as “Dreamers.” DACA was established in 2012; and as its name suggests, enables undocumented U.S. residents who came to the country as children and have lived here continuously since 2007 to avoid deportation for revocable two-year periods. Subsequent regulations have enabled DACA recipients to obtain work authorization as well.

The 14 State Attorneys General led by AG Platkin moved to intervene to defend a Final Rule issued by the Department of Health and Human Services and the Centers for Medicaid and Medicare Services permitting DACA recipients to access Affordable Care Act exchanges. The rule has been challenged by a coalition of State Attorneys General led by Kansas Attorney General Kris Kobach.

On behalf of the Intervenor States, Attorney General Platkin stated that DACA recipients “are New Jerseyans who contribute to our state culturally and economically and should have the right like every other New Jerseyan to purchase health coverage through the ACA.” He emphasized that DACA recipients are three times more likely to be uninsured than the average US resident, and that uninsured populations drive up healthcare costs overall and worsen public health. The Intervenor States maintain that the Final Rule helps states manage costs and improve public welfare.

Conclusion

As the new Administration begins, Democratic State Attorneys General moved to defend Biden Administration rules on the environment, firearms and immigration. The State AGs emphasize the public health benefits of these policies and the incoming Administration’s indications that it may withdraw federal support as their reasons for stepping in. While these legal areas remain uncertain, Crowell & Moring’s State Attorneys General practice group is watching closely. We will continue to keep you up to date as these matters develop.