Idaho reins in agency rulemaking power
March 19, 2026
Boise, Idaho; March 19, 2026: Yesterday, Idaho Gov. Brad Little signed a bill limiting state agencies’ ability to bypass the normal rulemaking process through temporary rules. House Bill 539 restricts temporary rules to genuine emergencies and other limited circumstances, ensuring that Idaho citizens—not unelected bureaucrats—have a meaningful voice in the rules that govern their lives.
“Temporary rules are supposed to be the exception, not the norm,” said Rees Empey, State Policy Manager at Pacific Legal Foundation. “When agencies use them routinely, they cut the public out of the governing process entirely. This law makes clear that temporary rules must be just that—temporary.”
Under the new law, when an agency invokes a temporary rule, the governor must publish a statement explaining why the earlier effective date is required, putting the rationale on the public record. Pacific Legal Foundation has long championed limits on emergency power, including through its model Emergency Power Limitation Act, which advances the same core principle: Unelected agencies must remain accountable to the legislature and the public. Idaho Farm Bureau Federation was a key supporter in driving the bill through the legislature.
The new law takes effect July 1, 2026. It marks another win in the ongoing fight to keep government power in check and individual liberty intact.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.