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Federalism

Cozen O'Connor

25 Republican AGs Urge Dismissal of Maryland Climate Lawsuits

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Alabama AG Steve Marshall, joined by 24 other Republican AGs, filed an amicus curiae brief urging the Supreme Court of Maryland to dismiss three consolidated climate lawsuits brought by Maryland local governments against...more

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

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A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Troutman Pepper Locke

Solicitors General Insights: The Legal Frontlines in Iowa and Indiana — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by Iowa Solicitor General Eric Wessan and Indiana Solicitor General James Barta to discuss their roles and...more

Blake, Cassels & Graydon LLP

SCC Finds Quebec Law Inapplicable to Federal Undertakings Under Interjurisdictional Immunity Doctrine

In Opsis Airport Services Inc. v. Quebec (Attorney General) (Opsis), the Supreme Court of Canada (SCC) affirmed that the doctrine of interjurisdictional immunity (IJI) remains an essential feature of Canada’s federal...more

Morgan Lewis

Executive Order Seeks to Limit State Role in Energy Regulation

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The US administration issued the executive order “Protecting American Energy from State Overreach” on April 8, 2025, directing the US Attorney General to identify and challenge state- and local-level energy and climate...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Deregulatory Agenda: Administrator Zeldin Announces 31 Actions

The United States Environmental Protection Agency (“EPA”) issued a March 12th news release titled: EPA Launches Biggest Deregulatory Action in U.S. History. EPA Administrator Zeldin announced 31 actions that the...more

Foley Hoag LLP - Environmental Law

An Impoundment By Any Other Name

A Monday night memorandum issued by the Office of Management and Budget (“OMB”) ordered federal agencies to “temporarily pause” all federal funding and other agency activities that “may be implicated by” the slew of executive...more

Davis Wright Tremaine LLP

Tools To Limit the Administrative State – The Revival and Enhancement of Executive Orders

Efforts by the Executive Branch to shape and control regulatory output is nothing new. Beginning with the Nixon Administration, several administrations have issued Executive Orders (EOs) to limit or otherwise influence how...more

Cozen O'Connor

State AG Pulse | The State AG: Both Advocate & Influencer

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In our eighth State AG Pulse episode in season 4, we discuss the primary outcome in West Virginia as well as the remaining state AG primaries in Utah, Missouri, and Vermont. Chris Allen, Katen Bhirud, and Emily Yu then delve...more

Troutman Pepper Locke

Bipartisan AG Coalition Signs Amicus Brief Advocating for the US Supreme Court to Revoke MLB’s Antitrust Exemption

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A bipartisan coalition of 18 state attorneys general (AGs) led by Connecticut AG William Tong has signed an amicus brief urging the U.S. Supreme Court to overrule its 1972 Flood v. Kuhn decision and revoke the immunity from...more

Cozen O'Connor

Cozen Currents: Is There No Shame?

Cozen O'Connor on

The Cozen Lens- • House Speaker Kevin McCarthy (R-CA) made it through the shutdown showdown but has perpetually been at risk of losing his gavel. The best thing he has going for him though is that any successor might have...more

ArentFox Schiff

Supreme Court Pulls Back Dormant Commerce Clause in National Pork Producers Council v. Ross

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Federalism — the allocation between federal and state governments — is at the heart of American constitutional law. In a dispute related to the constitutionality of California state regulations dealing with pig farming, the...more

Cozen O'Connor

Republican AGs Oppose Department of Energy’s Proposed Gas Stove Standards

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A coalition of 22 Republican AGs wrote a letter to the Department of Energy (DOE) in opposition to proposed standards that would ban the sale of gas stoves that do not meet certain requirements....more

McGlinchey Stafford

MedMen’s Illegality Defense: Will the Court Take the Case?

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Can claiming you broke the law get you out of a contract? Illegality And Unforceability- MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more

Constangy, Brooks, Smith & Prophete, LLP

Weed policy options for multi-state employers -- are there any?

As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New...more

Rivkin Radler LLP

The Deduction of Cannabis Business Expenses Following New York’s 2023 Budget

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The 2023 Budget- Last week, the New York Legislature passed the State’s 2022-2023 Budget. The $220 billion Budget reflects an $8 billion increase over last year’s budget (a more than 3 percent jump). It is also $4 billion...more

Littler

Federal Contractor and Subcontractor Vaccine Mandate Temporarily Enjoined in Kentucky, Ohio, and Tennessee

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On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to block the enforcement of the vaccine mandate for federal contractors and subcontractors...more

BakerHostetler

[Podcast] Federalism Showdown: Does ARPA Prohibit State Tax Cuts?

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Tucked away in the American Rescue Plan Act of 2021 is a provision that prohibits states from using the $350 billion in state and local relief money to fund tax cuts. What does this mean for state tax policy? What does this...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

Fox Rothschild LLP

COVID-19 Doesn’t Open Up the National Airspace System

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In the age of COVID-19, there is a renewed interest in the principles of federalism and the limits of federal power, including the power of the Federal Aviation Administration. More and more, commentators and legislators are...more

Foley Hoag LLP - Environmental Law

Federalism and the Regulation of PFAS

There has been much angst at the state level that EPA has not moved faster to develop drinking water or cleanup standards for PFAS. One of the states affected by the pace of EPA’s regulatory efforts is New Hampshire. Taking...more

Bennett Jones LLP

Canada's Attempt to Forever Alter the Constitutional Balance Impeded: Alberta Court of Appeal Rules

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The Alberta Court of Appeal, in a 4-1 decision, has ruled that the federal carbon pricing regime contemplated by the Greenhouse Gas Pollution Pricing Act, SC 2018, c12 s186 (the "Act") is unconstitutional, becoming the first...more

Snell & Wilmer

FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

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In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.” The Natural Gas Act (“NGA”) provides...more

Williams Mullen

Environmental Notes - November 2019

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Some companies subjected to environmental enforcement or cleanup actions may believe others should take the blame or share in the costs. When environmental consultants have been involved, the finger can point in their...more

Williams Mullen

New EPA Policy Emphasizes Cooperative Federalism in Environmental Enforcement

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Part of EPA’s FY 2018-2022 Strategic Plan is an emphasis on cooperative federalism in the compliance and enforcement process, with the goal being that states authorized, delegated, or approved to implement federal...more

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