News & Analysis as of

State and Local Government Regulatory Authority

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

Lowndes on

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

Wenning Environmental on

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

Jones Day on

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

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

Arkansas Department of Energy and Environment - Oil and Gas Commission: Saltwerx, LLC Lithium Compensation Structure Approved

The Arkansas Department of Energy and Environment - Oil and Gas Commission (“Commission”) addressed an application for the establishment of a lithium compensation structure for Saltwerx, LLC (“Saltwerx”)....more

Troutman Pepper Locke

Texas Legislature Tilts Against Windmills: Is This the End of Wind Energy on the Texas Coast?

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Much has been written in recent weeks about how the renewable energy industry in Texas dodged a bullet — several bullets actually — when three high-profile bills targeting the industry failed to pass in the recent legislative...more

Bradley Arant Boult Cummings LLP

Maybe So, Maybe Not: Mississippi AG’s Office Opines That Mississippi Law Prohibits Most Consumable Hemp Products While Recognizing...

All participants of Mississippi’s cannabis industry should take notice of an opinion the Mississippi Attorney General’s Office published on June 11, 2025. The opinion answered three questions Mississippi Rep. Lee Yancey...more

Davis Wright Tremaine LLP

California Attempts To Catch a "Waive": State Leads 10 Others Suing Trump Administration Over Revocation of Vehicle Emission...

On June 12, President Trump signed three joint resolutions passed by Congress, ostensibly under the authority of the Congressional Review Act ("CRA"), to revoke three Clean Air Act waivers the Environmental Protection Agency...more

Latham & Watkins LLP

EPA Proposes Granting Texas Primacy for Class VI Wells

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The proposal could accelerate the permitting process for carbon capture and storage projects in the state. On June 9, 2025, the US Environmental Protection Agency (EPA) signed a proposed rule that, if approved, would...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy

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This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Hogan Lovells

USDA Approves Additional State Waivers to Restrict SNAP Purchases in Arkansas, Idaho, and Utah

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On June 10, the U.S. Department of Agriculture (USDA) approved waiver requests from three additional states – Arkansas, Idaho, and Utah – to exclude certain foods from Supplemental Nutrition Assistance Program (SNAP)...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Clears Penultimate Hurdle to Class VI Primacy: What it Means for CCS and State-Led Permitting

On June 9, 2025, the U.S. Environmental Protection Agency (EPA) proposed granting the State of Texas primary enforcement authority—commonly referred to as “primacy”—over the permitting and regulation of Class VI underground...more

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

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On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

Ice Miller

Unpacking Major Hemp Litigation Matters: From California to Virginia

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In 2018, Congress enacted the Agricultural Improvement Act of 2018, referred to as the 2018 Farm Bill, legalizing the production and sale of hemp-derived cannabinoids at the federal level. Since doing so, the sale of food and...more

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

Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Brownstein Hyatt Farber Schreck

Congress Sets Its “AI” on the States: House Advances Moratorium on State AI Laws

The House version of the budget reconciliation package (H.R.1) includes a 10-year moratorium on state and local enforcement of “any law or regulation regulating artificial intelligence models, artificial intelligence systems,...more

Goodwin

Prescription Drug Affordability Review Boards - 2025 Update

Goodwin on

Prescription Drug Affordability Boards (PDABs) are becoming a larger part of the state drug price regulatory landscape. The boards are regulatory bodies that review the affordability and cost of specific prescription drugs. ...more

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