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State and Local Government › Preemption › Supreme Court of the United States

Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

Mintz on

On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against major fossil fuel companies concerning damages stemming from climate change could...more

McDermott Will & Schulte

PBMs Score a Win in Federal Court Against State Regulation

McDermott Will & Schulte on

A recent federal court decision has the potential to tip the balance in an ongoing series of skirmishes over state regulation of pharmacy benefit managers (PBMs). In McKee Foods Corp. v. BFP Inc. d/b/a/ Thrifty Med Plus...more

Foley Hoag LLP - Energy & Climate Counsel

Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?

Foley Hoag LLP - Energy & Climate Counsel on

On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more

Troutman Pepper Locke

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

Troutman Pepper Locke on

The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al....more

Jenner & Block

Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

Jenner & Block on

The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

Foley Hoag LLP - Environmental Law on

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Ballard Spahr LLP

State of Washington Executive Order May Be Preempted by FAA

Ballard Spahr LLP on

An Executive Order issued by Washington Governor Jay Inslee on June 12, 2018 seeks to rebuff the U.S. Supreme Court’s ruling in Epic Systems LLC v. Lewis, 138 S. Ct. 1612 (May 21, 2018)...more

Pillsbury Winthrop Shaw Pittman LLP

Implications for the Power Sector of Recent Rulings by U.S. Supreme Court and FERC

Pillsbury Winthrop Shaw Pittman LLP on

One of the most important issues currently facing the power industry is the potential conflict between federal and state roles in power supply planning. Two recent developments at the federal level bear directly on this...more

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