Idaho AG Urges Supreme Court to Limit Federal Agencies' Criminal Law Powers

Letter argues federal agencies overstep their authority by creating criminal offenses.

Apr. 3, 2026 at 5:55pm

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A dynamic, fragmented painting in shades of navy, teal, and gold, depicting a stylized political symbol like a gavel, conveying a sense of tension and motion around the issue of federal agency overreach.The Idaho Attorney General's challenge to federal agencies' criminal law powers could reshape the balance of power between state and federal governments.Reno Today

The Idaho Attorney General's office has sent a letter to the U.S. Supreme Court urging the court to block federal agencies from creating new criminal laws. The letter cites the case of Gregory Pheasant, who was arrested in 2021 for riding a dirt bike without a taillight on federal land near Reno, Nevada, arguing that federal agencies have overstepped their authority by establishing criminal offenses.

Why it matters

This case highlights the ongoing debate over the balance of power between federal agencies and state governments when it comes to criminal law. Idaho argues that federal agencies are usurping the legislative role of Congress by unilaterally creating new criminal statutes, which could have significant implications for how environmental, public lands, and other regulations are enforced.

The details

In the letter, the Idaho Attorney General's office argues that federal agencies have overstepped their authority by establishing criminal offenses, such as the one Gregory Pheasant was charged with, without explicit authorization from Congress. The letter contends that this practice undermines the separation of powers and the role of elected lawmakers in crafting criminal laws.

  • Gregory Pheasant was arrested in 2021 for the alleged offense near Reno, Nevada.
  • The Idaho Attorney General's office sent the letter to the Supreme Court in April 2026.

The players

Gregory Pheasant

An individual who was arrested in 2021 for riding a dirt bike without a taillight on federal land near Reno, Nevada.

Idaho Attorney General's Office

The state government office that sent a letter to the U.S. Supreme Court urging the court to block federal agencies from creating new criminal laws.

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What’s next

The Supreme Court will review the Idaho Attorney General's letter and determine whether to take up the case, which could have significant implications for the balance of power between federal agencies and state governments.

The takeaway

This case highlights the ongoing debate over the appropriate role of federal agencies in creating criminal laws, with states like Idaho arguing that this practice undermines the separation of powers and the legislative authority of Congress.