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Infrastructure State Constitutions

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

Roetzel & Andress on

The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more

Brownstein Hyatt Farber Schreck

CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot

Constitutional limitations to raising revenue are becoming increasingly relevant for water and other governmental agencies as well as their customers and landowners in response to aging infrastructure, climate change and...more

Brownstein Hyatt Farber Schreck

New Bills Aim to Protect Water Rates, Charges from Prop. 218 Litigation

Lawmakers introduce tools to ease pressure from SGMA and infrastructure demands on public agency revenue powers - Adopted in 1996, Proposition 218 (and later Proposition 26 in 2010) amended the California Constitution to...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

Jones Day on

On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

Cadwalader, Wickersham & Taft LLP

Montana Court Finds State Energy Policy Unconstitutional

As we touched on last week, on August 14, the Montana First Judicial District Court, Lewis and Clark County, entered its Findings of Facts and Conclusions of Law in Held v. State of Montana, et al. striking down certain...more

Farrell Fritz, P.C.

Boon or Bane? New York’s Environmental Rights Amendment

Farrell Fritz, P.C. on

Last week’s election had news outlets across the State and nation talking about Long Island’s rare “red wave”.  While many are now debating what the apparent sea change means for Long Islanders, at least for the next few...more

Best Best & Krieger LLP

Local Utility Charges Cannot Be Challenged by Referendum

Calif. Supreme Court Decision in Wilde v. City of Dunsmuir - Local utility charges are not subject to referendum, according to a California Supreme Court decision issued Monday that held that water rates fall within the...more

Carlton Fields

Surtax in Gridlock – The Saga of Hillsborough County’s Transportation Surtax Reaches the Florida Supreme Court

Carlton Fields on

Four hundred and fifty-six days after it was approved by more than 57% of the Hillsborough County electorate, legal challenges to a county charter amendment that added a 1% sales tax designed to finance the county’s...more

Best Best & Krieger LLP

Resolution Adopting New Water Rates Not Subject to Referendum - Calif. Court of Appeal Holds that Referendum Power Not Applicable...

A water agency’s resolution adopting new rates for its water service fees is not subject to referendum, a California Court of Appeal held Friday. The California Constitution’s grant of referendum power excludes local...more

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

Public Design-Build Projects in Arkansas (Part One): 30 Crossing Project Litigation

Under the Arkansas Code, the Arkansas Department of Transportation (“ARDOT”), via the Arkansas Highway Commission, can procure a transportation project using the design-build project delivery method. In fact, ARDOT is...more

Brownstein Hyatt Farber Schreck

Seven Citizen Initiatives, Six Referred Amendments Make November Ballot

One day before the Sept. 5 deadline, the Colorado Secretary of State’s Office has completed the signature line review for citizen ballot initiatives and certified seven for the November ballot. These are the same seven...more

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