Case: United States v. Beshear

3:25-cv-00028 | U.S. District Court for the Eastern District of Kentucky

Filed Date: June 17, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged a Kentucky law that allowed noncitizens unlawfully present in the U.S. to receive in-state tuition. Federal law prohibited unlawfully present "aliens" from being eligible for any postsecondary education benefit that is not equally available to U.S. citizens. 8 U.S.C. § 1623(a). In-state tuition in Kentucky was available to certain noncitizens, but not to U.S. citizens who resided in states other than Kentucky. The U.S. Department of Justice (DOJ) brought this case, alleging…

This case challenged a Kentucky law that allowed noncitizens unlawfully present in the U.S. to receive in-state tuition. Federal law prohibited unlawfully present "aliens" from being eligible for any postsecondary education benefit that is not equally available to U.S. citizens. 8 U.S.C. § 1623(a). In-state tuition in Kentucky was available to certain noncitizens, but not to U.S. citizens who resided in states other than Kentucky. The U.S. Department of Justice (DOJ) brought this case, alleging that the state law thus violated the Supremacy Clause.

On June 17, 2025, the DOJ filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky against Governor Andy Beshear, Kentucky's Commissioner of Education, and Kentucky's Council on Post-Secondary Education. The DOJ sought a declaration that the challenged state law was invalid, a permanent injunction against its use, and attorneys' fees. The case was assigned to Judge Gregory Van Tatenhove.

On June 23, 2025, the DOJ amended its complaint to name the President of the Council on Post-Secondary Education as a defendant; the amended complaint also removed the Commissioner of Education as a defendant.

On July 17, 2025, Governor Beshear moved to dismiss the claims against him. Governor Beshear argued that plaintiffs lacked standing to bring action against the governor's office, and that they failed to state a claim for relief that he could provide. Governor Beshear averred that he had "absolutely no role in promulgating, amending, or enforcing" the challenged Kentucky law and cited precedent that the general enforcement authority accorded to the state governor is not sufficient to establish a plaintiff's standing. On August 22, 2025, the plaintiffs voluntarily dismissed Governor Beshear from the lawsuit. 

This case is ongoing.

Summary Authors

Matt Petrillo (7/18/2025)

Bryan Waugh (9/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70562424/parties/united-states-v-beshear/


Attorney for Plaintiff

DOJ, Sean Skedzielewski (Kentucky)

DOJ, Luz Restrepo (Kentucky)

Attorney for Defendant

Dirr, David M. (Kentucky)

Expert/Monitor/Master/Other

Alden, Olivia (Kentucky)

Baxter, Bethany Nicole (Kentucky)

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Documents in the Clearinghouse

Document
1

3:25-cv-00028

Complaint

June 17, 2025

June 17, 2025

Complaint
4

3:25-cv-00028

Amended Complaint

June 23, 2025

June 23, 2025

Complaint
11

3:25-cv-00028

Governor Andy Beshear's Motion to Dismiss

July 15, 2025

July 15, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70562424/united-states-v-beshear/

Last updated Sept. 29, 2025, 8:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Andrew Beshear, # 3 Summons Robbie Fletcher, # 4 Summons CPE)(CBD) (Entered: 06/17/2025)

1 Civil Cover Sheet

View on PACER

2 Summons Andrew Beshear

View on PACER

3 Summons Robbie Fletcher

View on PACER

4 Summons CPE

View on PACER

June 17, 2025

June 17, 2025

Clearinghouse
3

Summons Issued as to Andrew Beshear, Robbie Fletcher, Kentucky Council on Postsecondary Education and returned to counsel electronically for service. (CBD) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER

Conflict Check

June 17, 2025

June 17, 2025

PACER

Conflict Check run. (CBD)

June 17, 2025

June 17, 2025

PACER
4

AMENDED COMPLAINT against Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson, filed by USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Restrepo, Luz) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

Clearinghouse
5

Summons Issued as to Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson and returned to counsel electronically for service. (CBD) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

PACER
6

NOTICE OF APPEARANCE by Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

PACER
7

Proposed Agreed Order For Extension of Time to Respond to Amended Complaint by Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

RECAP

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 7 Proposed Agreed Order For Extension of Time to Respond to Amended Complaint by Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson (CBD)

July 7, 2025

July 7, 2025

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 7 Proposed Agreed Order For Extension of Time to Respond to Amended Complaint by Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson (CBD)

July 7, 2025

July 7, 2025

PACER

Motion Submitted

July 7, 2025

July 7, 2025

PACER
8

NOTICE OF APPEARANCE by Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

PACER
9

Proposed Agreed Order for Extension of Time, Amended by Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

PACER
10

NOTICE OF APPEARANCE by Kentucky Council on Postsecondary Education, Aaron Thompson. (Guilfoyle, Mark) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 9 Proposed Agreed Order for Extension of Time, Amended by Kentucky Council on Postsecondary Education, Aaron Thompson (CBD)

July 14, 2025

July 14, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 7 Proposed Agreed Order For Extension of Time to Respond to Amended Complaint by Andrew Beshear (CBD)

July 14, 2025

July 14, 2025

PACER

Motion Submitted

July 14, 2025

July 14, 2025

PACER
11

MOTION to Dismiss for Lack of Jurisdiction by Andrew Beshear, MOTION to Dismiss for failure to state a claim by Andrew Beshear (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Exhibit Attorney General Letter, # 3 Proposed Order Order Granting Motion to Dismiss)(Payne, Taylor) (Entered: 07/15/2025)

1 Memorandum in Support Memorandum in Support

View on RECAP

2 Exhibit Attorney General Letter

View on PACER

3 Proposed Order Order Granting Motion to Dismiss

View on PACER

July 15, 2025

July 15, 2025

Clearinghouse
12

ORDER: 1. The Amended Agreed Order [R. 9 ] is GRANTED; 2. Defendants Kentucky Council on Postsecondary Education and Aaron Thompson shall answer or otherwise respond to the Complaint on or before August 14, 2025; and 3. The Proposed Agreed Order [R. 7 ] is DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove on 7/16/2025.(JJ)cc: COR (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

PACER
13

NOTICE OF APPEARANCE by USA. (Skedzielewski, Sean) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

PACER
14

Proposed Agreed Order to respond Beshears Motion to Dismiss (ECF No. 11) by USA. (Restrepo, Luz) Modified text on 7/31/2025 (CBD). (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 14 Proposed Agreed Order to respond to Beshears Motion to Dismiss (ECF No. 11) by USA (CBD)

July 31, 2025

July 31, 2025

PACER

Motion Submitted

July 31, 2025

July 31, 2025

PACER
15

ORDER: 1. The Agreed Order 14 is GRANTED; and 2. The Plaintiff shall respond to the Motion to Dismiss on or before August 19, 2025.. Signed by Judge Gregory F. Van Tatenhove on 8/1/2025.(CBD)cc: COR (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

PACER
16

STIPULATION of Dismissal of Governor by USA. (Attachments: # 1 Proposed Order Proposed Order)(Restrepo, Luz) Modified on 8/14/2025 (CBD). (Entered: 08/14/2025)

1 Proposed Order Proposed Order

View on RECAP

Aug. 14, 2025

Aug. 14, 2025

RECAP
17

NOTICE of Appearance by Steven Travis Mayo on behalf of Andrew Beshear (Mayo, Steven) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

PACER
18

MOTION for Olivia Alden to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition. (Attachments: # 1 Exhibit A - Affidavit of Olivia Alden, # 2 Exhibit B - Proposed Order, # 3 Receipt 300000895, # 4 Mailing Envelope - Post marked 8/13/25)(JJ) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

PACER
19

Proposed Agreed Order for Extension (Second) by Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

RECAP

Bar Status Check completed

Aug. 14, 2025

Aug. 14, 2025

PACER

Motion Submitted

Aug. 14, 2025

Aug. 14, 2025

PACER

BAR STATUS Check completed as to Olivia Alden re 18 MOTION for Olivia Alden to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition. (JJ)

Aug. 14, 2025

Aug. 14, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 18 MOTION for Olivia Alden to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition (JJ)

Aug. 14, 2025

Aug. 14, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 16 Proposed Agreed Order to Dismiss Andrew Beshear (CBD)

Aug. 14, 2025

Aug. 14, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 19 Proposed Agreed Order for Extension to respond to Complaint(Second) by Kentucky Council on Postsecondary Education, Aaron Thompson (CBD)

Aug. 15, 2025

Aug. 15, 2025

PACER

Motion Submitted

Aug. 15, 2025

Aug. 15, 2025

PACER
20

JOINT MOTION to Stay by USA (Joint Motion to Stay Deadlines) (Attachments: # 1 Proposed Order)(Restrepo, Luz) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 20 JOINT MOTION to Stay by USA (Joint Motion to Stay Deadlines) (CBD)

Aug. 20, 2025

Aug. 20, 2025

PACER

Motion Submitted

Aug. 20, 2025

Aug. 20, 2025

PACER
21

ORDER: 1. The Motion for Extension 19 is GRANTED; and 2. The Defendants SHALL file their briefing on or before August 25, 2025.. Signed by Judge Gregory F. Van Tatenhove on 8/22/2025.(CBD)cc: COR (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

PACER
22

ORDER: 1. The Defendant's Motion for Admission Pro Hac Vice [R. 18 ] is GRANTED; and 2. Attorney Olivia Alden is admitted pro hac vice as counsel for Defendant Kentucky Students for Affordable Tuition in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 8/22/2025. (JJ)cc: COR, Atty Alden (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

PACER
23

ORDER: 1. Parties' Joint Stipulation of Dismissal [R. 16 ] is GRANTED; 2. All claims in this matter against Defendant Beshear are DISMISSED WITH PREJUDICE. Each party shall bear its own fees and costs; 3. Defendant Beshear's Motion to Dismiss [R. 11 ] is DENIED AS MOOT; 4. Parties' Joint Motion to Stay Deadlines [R. 20 ] is DENIED; 5. The Parties have 14 days from the entry of this Order to file their respective responses. Signed by Judge Gregory F. Van Tatenhove on 8/22/2025.(JJ)cc: COR (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

PACER
24

JOINT MOTION for Judgment by USA (MOTION FOR CONSENT JUDGMENT) (Restrepo, Luz) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

PACER
25

NOTICE by USA re 24 JOINT MOTION for Judgment by USA (MOTION FOR CONSENT JUDGMENT) PROPOSED ORDER FOR JOINT MOTION FOR CONSENT JUDGMENT (Restrepo, Luz) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

PACER
26

MOTION for Susana Sandoval Vargas to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition ( Filing fee $125; receipt number AKYEDC-6168318) (Attachments: # 1 Affidavit, # 2 Proposed Order)(Alden, Olivia) (Entered: 08/22/2025)

1 Affidavit

View on PACER

2 Proposed Order

View on PACER

Aug. 22, 2025

Aug. 22, 2025

PACER
27

MOTION to Intervene by Kentucky Students for Affordable Tuition (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Answer)(Alden, Olivia) (Entered: 08/22/2025)

1 Memorandum in Support

View on PACER

2 Proposed Order

View on PACER

3 Proposed Answer

View on PACER

Aug. 22, 2025

Aug. 22, 2025

PACER

Notice for Attorney to Request E-Filing Privileges

Aug. 22, 2025

Aug. 22, 2025

PACER

Notice of Correction Deleting a Document from the Record

Aug. 22, 2025

Aug. 22, 2025

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Olivia Alden: re 22 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Olivia Alden (JJ)

Aug. 22, 2025

Aug. 22, 2025

PACER

NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: The deleted document was entered on 8/22/2025. Document deleted because Order was docketed in incorrect case. *CBD* cc: COR (CBD)

Aug. 22, 2025

Aug. 22, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 24 JOINT MOTION for Judgment by USA (MOTION FOR CONSENT JUDGMENT) (CBD)

Aug. 28, 2025

Aug. 28, 2025

PACER

BAR STATUS Check completed as to Susana Sandoval Vargas re 26 MOTION for Susana Sandoval Vargas to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition . (CBD)

Aug. 28, 2025

Aug. 28, 2025

PACER

Bar Status Check completed

Aug. 28, 2025

Aug. 28, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 26 MOTION for Susana Sandoval Vargas to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition (CBD)

Aug. 28, 2025

Aug. 28, 2025

PACER

Motion Submitted

Aug. 28, 2025

Aug. 28, 2025

PACER
28

NOTICE by USA Supplemental Authority (Attachments: # 1 Exhibit A Tab, # 2 Exhibit A -United States v. Texas, No. 7:25-cv-00055-O, # 3 Exhibit B Tab, # 4 Exhibit B United States v. Oklahoma, No. 25-CV-265-RAW-DES, # 5 Exhibit C Tab, # 6 Exhibit C, - Order US v. Oklahoma, No. 25-CV-265# 7 Exhibit C - Consent Jgm US v. Oklahoma, No. 25-CV-265)(Restrepo, Luz) Modified text on 9/4/2025 (CBD). (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
29

ORDER: 1. The Defendants Motion for Admission Pro Hac Vice [R. 26 ] is GRANTED; and 2. Attorney Sandoval Vargas is admitted pro hac vice as counsel for Defendant Kentucky Students for Affordable Tuition in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 9/5/2025. (JJ)cc: COR (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

PACER
30

MOTION for Leave to File by Public Justice (Attachments: # 1 Attachment Proposed Amicus Brief, # 2 Proposed Order)(Shapiro, Corey) (Entered: 09/05/2025)

1 Attachment Proposed Amicus Brief

View on RECAP

2 Proposed Order

View on PACER

Sept. 5, 2025

Sept. 5, 2025

PACER

Notice for Attorney to Request E-Filing Privileges

Sept. 5, 2025

Sept. 5, 2025

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Susana Sandoval Vargas: re 29 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Susana Sandoval Vargas (JJ)

Sept. 5, 2025

Sept. 5, 2025

PACER
31

MOTION for Shelby Leighton to Appear Pro Hac Vice by Public Justice ( Filing fee $125; receipt number AKYEDC-6180660) (Attachments: # 1 Exhibit Declaration of Leighton, # 2 Proposed Order Granting PHV)(Baxter, Bethany) (Entered: 09/08/2025)

Sept. 8, 2025

Sept. 8, 2025

PACER

Attorney Update. Attorney Shelby Leighton for Public Justice added. (CBD)

Sept. 9, 2025

Sept. 9, 2025

PACER

Add and Terminate Attorneys

Sept. 9, 2025

Sept. 9, 2025

PACER
32

MOTION for Sean Ouellette to Appear Pro Hac Vice by Public Justice ( Filing fee $125; receipt number AKYEDC-6183044) (Attachments: # 1 Exhibit A, Ouellette Declaration, # 2 Proposed Order Proposed Order)(Baxter, Bethany) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

PACER
33

ORDER: 1. The Public Justice's Motion for Admission Pro Hac Vice [R. 31 ] is GRANTED; and 2. Attorney Shelby Leighton is admitted pro hac vice as counsel for Public Justice in the above-styled action; 3. The Public Justice's Motion for Admission Pro Hac Vice [R. 32 ] is GRANTED; and 4. Attorney Sean Ouellette is admitted pro hac vice as counsel for Public Justice in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 9/11/2025. (JJ)cc: COR (Entered: 09/11/2025)

Sept. 11, 2025

Sept. 11, 2025

PACER

BAR STATUS Check completed as to Sean Ouellette re 32 MOTION for Sean Ouellette to Appear Pro Hac Vice by Public Justice . (CBD)

Sept. 11, 2025

Sept. 11, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 32 MOTION for Sean Ouellette to Appear Pro Hac Vice by Public Justice (CBD)

Sept. 11, 2025

Sept. 11, 2025

PACER

BAR STATUS Check completed as to Shelby Leighton re 31 MOTION for Shelby Leighton to Appear Pro Hac Vice by Public Justice (CBD)

Sept. 11, 2025

Sept. 11, 2025

PACER

Bar Status Check completed

Sept. 11, 2025

Sept. 11, 2025

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 31 MOTION for Shelby Leighton to Appear Pro Hac Vice by Public Justice (CBD)

Sept. 11, 2025

Sept. 11, 2025

PACER

Motion Submitted

Sept. 11, 2025

Sept. 11, 2025

PACER

Notice for Attorney to Request E-Filing Privileges

Sept. 11, 2025

Sept. 11, 2025

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Shelby Leighton & Sean Ouellette: re 33 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Shelby Leighton & Sean Ouellette (JJ)

Sept. 11, 2025

Sept. 11, 2025

PACER
34

RESPONSE in Opposition re 27 MOTION to Intervene by Kentucky Students for Affordable Tuition filed by USA. (Restrepo, Luz) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Immigration and/or the Border

Education

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: June 17, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Kentucky, State

Kentucky Council on Post-Secondary Education (Frankfort, Franklin), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Education

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Undocumented immigrants - state and local regulation