Maybe they just don't have that power, and would need a new law. Now of course that doesn't stop them from overreaching when they really want to. That's how the game is played.

Anything that limits corruption or grows individual freedom: "Sorry but that's out of our agency's purview. It's unconstitutional. That's a states right issue."

Anything that grows government or helps special interests: "Federal law trumps state law. Commerce clause. Good and plenty clause. Regulate that bitch!"