News & Analysis as of

Home Rule States State and Local Government

Woods Rogers

Declaring a National Emergency Unlocks the President’s Emergency Powers  

Woods Rogers on

President Trump’s Executive Order declaring a crime emergency in the District of Columbia triggers a complex legal and constitutional framework that could impact businesses nationwide....more

Troutman Pepper Locke

When Green Goes Up in Smoke: Unraveling the Power Tussle Between State and Local Authorities in Marijuana Regulation

Troutman Pepper Locke on

Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of...more

Maynard Nexsen

The Constitution of 2022

Maynard Nexsen on

History - On December 14, 1819, Alabama was granted statehood after previously being part of the Mississippi and Alabama territories. The first Alabama constitution was drafted and passed at a convention in Huntsville,...more

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

Perkins Coie on

In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

Downey Brand LLP

In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law...

Downey Brand LLP on

On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City...more

Perkins Coie

SB 35 Streamlining Upheld Against “Home Rule” Challenge

Perkins Coie on

Senate Bill 35 (Government Code section 65913.4) was enacted in 2017 as part of an effort by the State Legislature to increase housing production. The law compels local agencies, including charter cities, to issue streamlined...more

Cozen O'Connor

Pittsburgh Paid Sick Days Act Going Into Effect Amidst Uncertainty

Cozen O'Connor on

On March 15, 2020, the long-awaited Paid Sick Days Act of the City of Pittsburgh (the Act) will go into effect. Originally enacted by the city in 2015, it took a 2019 decision of the state Supreme Court to re-define the...more

Best Best & Krieger LLP

“Home Rule” Authority and Local Police Involvement in Immigration Enforcement

California Appellate Court Says Charter City Cannot Block California Values Act - In a significant decision addressing the tension between charter city “home rule” authority and state law, a California appellate court...more

Sheppard Mullin Richter & Hampton LLP

Appellate Court Holds Charter Cities Are Bound By State Housing Objectives, Signaling Erosion of Local Discretion

In Anderson v. City of San Jose (2019), the Sixth District Court of Appeal held that California’s charter cities must comply with the Surplus Land Act (Govt. Code § 54220 et seq.). This decision, essentially, ruled that the...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 70: Pennsylvania Supreme Court Orders Steel City to Lift Sick Leave Barrier

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Wednesday, July 17, 2019, the Pennsylvania Supreme Court reversed trial and appellate court rulings that found the Pittsburgh Paid Sick Days Act—first enacted in August 2015—in violation of state law....more

Buckingham, Doolittle & Burroughs, LLC

Breaking News In Construction Industry: Residency Quotas for City Contractors

RESIDENCY QUOTAS FOR CITY CONTRACTORS - OHIO SUPREME COURT TO HEAR ARGUMENTS IN MARCH. THE CASE: On March 6, 2019, the Supreme Court of Ohio is set to hear oral arguments on City of Cleveland v. State of Ohio, Supreme...more

Foley Hoag LLP - Environmental Law

I Hate Home Rule

Massachusetts is a Home Rule state (Commonwealth, actually, but that’s a separate issue). Our 351 cities and towns can pretty much legislate as they please, so long as the local action is not preempted. Our state Wetlands...more

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