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Texas Supreme Court Confirms that Local Antilitter Ordinance is Preempted

On June 22, the Texas Supreme Court decided an important environmental case, City of Laredo, TX v. Laredo Merchants Assoc. Without dissent, the Court held that the City of Laredo’s 2014 ordinance, enacted to create a...more

Colorado Supreme Court Interprets TABOR, Holding City’s “Waste Reduction Fee” is Not a Tax

Municipalities wield considerable power over local businesses as a recent Colorado Supreme Court decision demonstrates.On May 21, the Colorado Supreme Court decided the case of Colorado Union of Taxpayers Foundation v. City...more

District Court Confirms that City of Oakland Breached its Development Agreement with Coal Terminal Developer

On May 15, the U.S. District Court for the Northern District of California held that the City of Oakland’s attempt to apply a new “coal ban” ordinance to a coal handling terminal was invalid. The District Court concluded that...more

Fourth Circuit Affirms Dismissal of Constitutional Challenges to Zoning Ordinance Changes

On October 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Siena Corporation v. Mayor and City Council of Rockville, Maryland, et al. The Court of Appeals affirmed the lower court’s decision to...more

9th Circuit Holds Hawaii County Ordinances Regulating Genetically-Engineered Plants and Cultivation Are Preempted

On November 18, the U.S. Court of Appeals for the Ninth Circuit issued three unanimous decisions affirming the U.S. District Court for the District of Hawaii’s rulings that three local county ordinances—enacted by the...more

Texas SWDA Preempts Plastic Bags-Related Ordinance

On August 17, 2016, the Fourth District Court of Appeals sitting in San Antonio held, in a 2 to 1 decision, that a City of Plastic bagsLaredo ordinance prohibiting the distribution of “single use” plastic bags at check-out...more

Texas Supreme Court: Protections of Governmental Immunity Remain Robust But Are Not Absolute

On April 1, 2016, the Texas Supreme Court, in Houston Belt & Terminal Railroad Co., et al.. v. City of Houston, et al., reviewed the implementation of the City of Houston’s 2011 drainage fee ordinance. ...more

Legislative Update: New Texas Laws Affecting the Environment or Environmental Regulation

This Texas legislative session brought several notable environment- and energy-related changes. The major standouts are culled and summarized in this Pillsbury Legislative Update....more

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