News & Analysis as of

Regulatory Authority State and Local Government

Venable LLP

Is Trouble Brewing for Dietary Ingredients? Court Upholds NYC Kava Ban

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The U.S. District Court for the Southern District of New York recently upheld New York City's prohibition on steeped kava beverages, concluding that steeping kava root in water constitutes the creation of an unapproved "food...more

Ruder Ware

Capitol Connection: Wisconsin Supreme Court Shifts Rulemaking & Regulatory Landscape

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In July, the Wisconsin Supreme Court issued a landmark ruling in Evers v. Marklein that reshapes how administrative rules are created and implemented in the state. The Court struck down the Joint Committee for Review of...more

Troutman Pepper Locke

A Path Forward for Colo. Pot Products After Failed Safety Test

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In the rapidly evolving landscape of Colorado’s cannabis industry, maintaining compliance with state regulation is not just a legal obligation but a critical component of business strategy. As cannabis products undergo...more

Womble Bond Dickinson

A Practical Guide for the Approval of New Games and Game Variations in Nevada

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In Nevada, a game inventor or “developer” cannot offer a table game for play unless it qualifies as a “game” or “gambling game,” as defined by the Gaming Control Act (the “Act”), or unless the Nevada Gaming Commission (the...more

Pillsbury - SeeSalt Blog

Putting Regulations to the Test: California Taxpayers Cleared to Challenge Regulations in OTA Appeals

The California Attorney General has confirmed the Office of Tax Appeals (OTA) may decline to apply a tax regulation in a taxpayer appeal if it conflicts with the relevant statute. OTA must afford appropriate deference to the...more

Vicente LLP

Massachusetts Cannabis Control Commission Releases Draft Social Consumption Establishment Regulations for Formal Public Comment

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On August 14, 2025, the Massachusetts Cannabis Control Commission (the “Commission”) voted to formally release its draft amended Social Consumption Establishment regulations, marking a significant step towards finally...more

Vorys, Sater, Seymour and Pease LLP

Scope of Ohio Commercial Activity Tax Agency Exclusion Remains Unsettled Following Ohio Supreme Court’s Decision in Aramark Corp....

Aramark provided food service operations to various clients (e.g., hospitals, universities, corporations, sports arenas, etc.). The clients paid Aramark a management fee. In addition, the clients reimbursed Aramark for the...more

Downey Brand LLP

California Supreme Court Overrules Chevron-like Deference For Review of Decisions of California Public Utilities Commission

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On August 7, 2025, the California Supreme Court issued its decision in Center For Biological Diversity v. California Public Utilities Commission. The decision reversed the decision of a lower appellate court which had...more

Snell & Wilmer

California Office of Tax Appeals Cleared To Consider Whether Tax Regulations Conflict With Statutes

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The California Attorney General (AG) recently issued Legal Opinion No. 23-701 stating that the California Office of Tax Appeals (OTA) has the authority to determine whether tax regulations issued by the Franchise Tax Board...more

Baker Donelson

Endangerment Finding Reconsidered as Clean Air Waivers Are Targeted

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California's unique ability to set its own vehicle emissions standards under Section 209(b) of the Clean Air Act (CAA) is facing unprecedented legal and political challenges. At the center of the controversy is Congress's...more

King & Spalding

Developments in Class VI Delegation: Arizona and Texas Await Final Rules

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On August 1, EPA’s comment period on its proposal to grant Texas “primacy” over permitting and enforcement of Class VI underground injection wells closed, marking another milestone in the expansion of state-managed Carbon...more

Verrill

What You Need to Know about Maine’s New Department of Energy Resources

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Maine just launched a new cabinet-level energy policy office. Last month, Governor Janet Mills signed LD 1270 into law, creating the new Maine Department of Energy Resources. This cabinet-level agency will lead energy...more

Falcon Rappaport & Berkman LLP

Too Close for Comfort: OCM’s School-Distance Mistake Puts 100+ Dispensaries at Risk

In a shocking announcement, the New York Office of Cannabis Management (OCM) informed 108 adult-use dispensary license holders, including 89 in NYC, that the current locations of their dispensaries are in violation of the...more

Tonkon Torp LLP

Oregon EPR Law Challenged by Impacted Businesses on Constitutional Grounds

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On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed suit against the Oregon Department of Environmental Quality and the Oregon Environmental Commission alleging that Oregon’s Plastic Pollution...more

Foley Hoag LLP - Cannabis and the Law

OCM’s Regulatory Blunder: More turmoil for NY’s nascent adult-use cannabis market

On July 28, 2025, the New York State Office of Cannabis Management (OCM) revealed that they have taken inconsistent and positions with respect to measuring distances between dispensaries and sensitive locations in close...more

Lowndes

State Finds Vision 2050 to Be Void Ab Initio

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On July 28, 2025, the Florida Department of Commerce issued a letter to Orange County finding its Comprehensive Plan Amendment implementing Vision 2050 void ab initio, or invalid from the beginning....more

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

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In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Cozen O'Connor

State AGs Seek to Intervene in EV Fuel Economy Case

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AGs from Iowa, Kentucky, Nebraska, and West Virginia—joined by the American Free Enterprise Chamber of Commerce and several corn-grower associations—have moved to intervene in a lawsuit brought by California and other states...more

Whiteford

Client Alert: Jurisdictional Win Shields Businesses From Texas State Securities Board Overreach

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The Texas State Office of Administrative Hearings (SOAH) set aside an Emergency Cease Order issued by the Texas State Securities Board (TSSB) against Billionico Academy, Auratus, and related respondents in Texas State...more

Troutman Pepper Locke

Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales

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In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a federally recognized Indian tribe that sells cigarettes on sovereign reservations...more

Wenning Environmental

Rescinding U.S. Roadless Rule Reignites Centuries-old Debate About State Rights And Environmental Protections On Public Lands

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U.S. Department of Agriculture (USDA) Secretary Brooke Rollins’ announcement at a Western Governors Association meeting in June 2025 to rescind the 2001 Roadless Area Conservation Rule, commonly known as the Roadless Rule, is...more

MG+M The Law Firm

Wisconsin Supreme Court Ruling on PFAS Leaves Businesses Vulnerable and Overextends Agency Power

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In a contentious 5–2 decision, the Wisconsin Supreme Court has dealt an unprecedented blow to the state’s business and manufacturing sector by ruling that the Department of Natural Resources (DNR) can force cleanup of PFAS...more

Jones Day

It's Confirmed: 2020 Proxy Advisor Regulations Exceed the SEC's Authority

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On July 1, 2025, a federal court of appeals held that the SEC's regulation of proxy advice exceeded its authority and the SEC's 2020 proxy advisor regulations are not valid. The court closely tracks the district court's...more

Stinson LLP

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

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On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under...more

Tucker Arensberg, P.C.

In Potentially Groundbreaking Appeal, Pennsylvania Supreme Court to Consider Whether Public Utility Commission Can Regulate...

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It has been a long-standing cardinal rule in Pennsylvania that municipal authorities were beyond the regulatory reach of the Pennsylvania Public Utility Commission (“PUC”). ...more

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