News & Analysis as of

State and Local Government Unconstitutional Condition

Kerr Russell

Sixth Circuit Upholds Rental Inspection Ordinances: No Fourth Amendment Violation in Conditioning Licenses on Warrantless...

Kerr Russell on

Whether you are a residential rental property owner or a tenant, odds are at some point you are going to encounter a rental inspection ordinance. Following the housing market crash in 2008, rental inspection ordinances grew...more

Haynes Boone

Boxed In? Lawsuit Challenges Constitutionality of Oregon’s EPR Law

Haynes Boone on

On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed a lawsuit1 challenging Oregon’s Plastic Pollution and Recycling Modernization Act. The Act created Oregon’s sweeping extended producer...more

McDermott Will & Schulte

Fourth Circuit strikes down Maryland’s digital ad tax “pass-through” ban

Maryland’s attempt to stop businesses from telling customers about a controversial tax has hit a constitutional wall. On August 15, 2025, the US Court of Appeals for the Fourth Circuit ruled that the state’s “pass-through”...more

Best Best & Krieger LLP

Court of Appeal Upholds Traffic Impact Fee Post-Sheetz: Class-Based Development Fees Can Survive Takings Scrutiny

The United States Supreme Court’s April 12, 2024 decision in Sheetz v. County of El Dorado unanimously rejected longstanding California precedent. The Court’s decision further solidified that fees imposed as a condition of...more

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

Oregon Plastic Pollution and Recycling Modernization Act: National Association of Wholesaler-Distributors Files Judicial Challenge

The National Association of Wholesaler-Distributors (“NAWD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on July 30th in the United States District Court for the District of Oregon against the Oregon...more

Otten Johnson Robinson Neff + Ragonetti PC

Colorado Cities Sue State Over 2024 Housing Density and Parking Reforms

Several Colorado municipalities have sued the state challenging the constitutionality of landmark zoning reforms enacted in 2024.  The lawsuit specifically concerns two new laws passed by the legislature and one executive...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

Husch Blackwell LLP on

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Harris Beach Murtha PLLC

New York State Commission on Ethics and Lobbying in Government Declared Unconstitutional

Harris Beach Murtha PLLC on

The New York State Supreme Court has held the New York State Commission on Ethics and Lobbying in Government (the “commission”) is unconstitutional in violation of the separation of powers. The ruling comes in Cuomo v. New...more

Bradley Arant Boult Cummings LLP

South Carolina’s Medical Marijuana Bill Ruled Unconstitutional, but Sponsor Vows to Keep Fighting

On May 4, 2022, South Carolina’s medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state’s House of Representatives. The constitutional challenge...more

McDermott Will & Schulte

Washington State Capital Gains Tax Held Unconstitutional

The Washington State capital gains tax, which went into effect on January 1, 2022, has been held unconstitutional by the Douglas County Superior Court. Created in 2021, the tax was ostensibly labeled an “excise” tax in an...more

Fox Rothschild LLP

Ruling That Finds PA Governor’s Crowd Size Limit Unconstitutional Affects School Sports And Events

Fox Rothschild LLP on

The United States District Court for Western Pennsylvania issued a decision on September 14 that found a number of Governor Wolf’s executive orders related to efforts to mitigate COVID-19 unconstitutional. Among Wolf...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Federal Judge Strikes Down Key Provisions in Governor Wolf’s COVID-19 Orders

In a decision issued on September 14, 2020, U.S. District Court Judge William S. Stickman IV ruled that certain restrictions ordered by Pennsylvania Governor Tom Wolf to slow the spread of COVID-19 were unconstitutional....more

McDermott Will & Schulte

Washington Surtax on “Big Banks” Struck Down as Unconstitutional

On May 8, Washington’s 1.2% surtax on “specified financial institutions” (banks with at least $1 billion a year in net revenue) was struck down by a King County Superior Court judge. Judge Marshall Ferguson ruled that the...more

Eversheds Sutherland (US) LLP

Court holds California local taxes not subject to supermajority voting requirement

On July 5, a San Francisco trial court held that local taxes imposed by voter initiative are not taxes imposed by a “local government” and therefore are not subject to the two-thirds supermajority voter approval requirement...more

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