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State and Local Government Constitutional Challenges Judicial Authority

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

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In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

King & Spalding

NJ Supreme Court Held that Charity Care is Not Unconstitutional Taking

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On July 16, 2025, the New Jersey Supreme Court unanimously ruled that the state’s charity care requirement—which mandates that hospitals must treat patients regardless of their ability to pay—does not amount to...more

Holtzman Vogel Baran Torchinsky & Josefiak

Hochul Faces Legal and Political Roadblocks to Mid-Decade Redistricting in New York

New York Governor Kathy Hochul recently suggested that the Empire State could undertake a mid-decade redistricting of its congressional districts, apparently as a form of political retaliation against Republican-led states...more

Husch Blackwell LLP

Will Trump v. CASA Lead to Increased State AG Multistate Investigations and Litigation?

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On June 27, 2025, in its long-anticipated decision in Trump v. CASA, Inc., the U.S. Supreme Court significantly narrowed the ability of a single federal court to issue “universal” or “nationwide” injunctions—through which...more

King & Spalding

Supreme Court Holds Medicaid Participants Lack Standing to Enforce “Any-Qualified-Provider” Clause

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On June 26, 2025, the Supreme Court ruled that Medicaid providers and beneficiaries lack the ability to enforce the Medicaid Act’s “any‑qualified‑provider” clause in federal court. In Medina v. Planned Parenthood, the Court...more

Mintz - Health Care Viewpoints

Federal Court Temporarily Halts Iowa’s PBM Reform Law Amid Legal Challenges

On June 11, 2025, Iowa enacted Senate File 383 (the Act), a comprehensive bill aimed at regulating pharmacy benefit managers (PBMs) with the stated goals of increasing transparency, supporting independent pharmacies, and...more

Best Best & Krieger LLP

Supreme Court Rules FCC’s Universal Service Fund Is Constitutional

On June 27, 2025, the Supreme Court decided FCC v. Consumers’ Research, No. 24-354 (U.S. June 2025), ruling that the Universal Service Fund’s (USF) contribution structure, as administered by the Federal Communications...more

K&L Gates LLP

Understanding the Massachusetts Supreme Judicial Court’s Decision in Attorney General v. Town of Milton

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Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,...more

Troutman Pepper Locke

U.S. Supreme Court Holds Medicaid’s Any-Qualified-Provider Provision Does Not Confer Enforceable Rights

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The U.S. Supreme Court, in a 6-3 decision, ruled that the Medicaid Act’s any-qualified-provider provision does not confer individual rights enforceable under 42 U.S.C. §1983. This decision reverses the Fourth Circuit’s...more

Otten Johnson Robinson Neff + Ragonetti PC

Governor and Municipalities in Dispute over Implementation of Strategic Growth Legislation

On May 16, 2025, Governor Jared Polis signed Executive Order D 2025 005 (“Order 005”) to address implementation of recently-passed strategic growth legislation.  As discussed below, Governor Polis has ordered certain state...more

Jones Day

Youth Climate Litigants See Success in One State, Dismissal in Another

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On December 18, 2024, the Montana Supreme Court ruled in the case of Held v. Montana, finding that the Montana Environmental Policy Act ("MEPA") violated the state's constitution. In the midst of great change to the federal...more

Adams & Reese

Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

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On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...more

Bradley Arant Boult Cummings LLP

Alabama Cannabis Court Faces Dilemma: To Treat Applicants Fairly or Equally?

“Equal is not fair, and fair is not equal. Equal is obtainable but fair is not.” The Montgomery County Circuit Court overseeing the launch of Alabama’s medical cannabis program has an interesting dilemma on its hands. It...more

Snell & Wilmer

First Circuit Upholds Denial of Preliminary Injunction Against Massachusetts’ Ban on Assault Weapons and Large-Capacity Magazines

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In April 2025, the U.S. Court of Appeals for the First Circuit decided Capen v. Campbell, a case arising from a challenge to Massachusetts’ ban on assault weapons and large-capacity magazines. The court affirmed a district...more

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal EV Infrastructure Funds

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A group of 17 Democratic AGs has filed suit to block the U.S. Department of Transportation’s Federal Highway Administration from revoking or withholding funds allocated to states under the National Electric Vehicle...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

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In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Harris Beach Murtha PLLC

NY Supreme Court Strikes Down OCM’s One-License-Per-Majority-Owner Policy

In a significant decision impacting New York’s adult-use cannabis licensing framework, the Albany County Supreme Court ruled on April 14, 2025, in DNP-Z, Inc. v. New York State Cannabis Control Board et al. (Index No....more

ArentFox Schiff

District Court Dismisses Manufacturer Lawsuit Challenging Colorado Price Setting for Prescription Drug

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There are currently six states with active Prescription Drug Affordability Boards (PDABs) — Colorado, Maryland, Washington, Oregon, New Hampshire, and Minnesota....more

Whiteford

Client Alert: Updates on Developments in “Missing Middle” Housing Policies - UPDATED 4/30/25

Whiteford on

Recent legal and policy developments continue to shape the landscape for “Missing Middle” housing initiatives, impacting developers, municipalities, and communities alike. Arlington County's Expanded Housing Option (EHO)...more

K&L Gates LLP

Natural Gas Bans: From New York to Washington, Courts Shift the Landscape on Legality of State and Local Gas Bans

K&L Gates LLP on

Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...more

Littler

NY Federal Court Issues TRO Against the NY Department of Health

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As previously reported, in April 2024, New York’s Social Services Law was amended to include a substantial change to the state’s Consumer Directed Personal Assistance Program (CDPA Program), a Medicaid-funded program allowing...more

Harris Beach Murtha PLLC

Judicial Ruling Affirms Power of New York’s Ethics Commission

New York’s Commission on Ethics and Lobbying in Government will retain its enforcement power the Court of Appeals has ruled, dealing a blow to former Gov. Andrew Cuomo’s attempt to strip the state ethics board of its power...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Halts Trump’s Birthright Citizenship Order

On Thursday, January 23, 2025, a federal judge in Seattle, Washington blocked enforcement of President Donald Trump’s recent executive order limiting birthright citizenship after four states (Washington, Illinois, Arizona,...more

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