Constitutional Law | JD Supra Legal News, Updates, Analysis, & Information

Legislature Adjourns Without Senate Vote on HB 2789

by Lewis and Roca LLP on 5/10/2012

The Arizona Legislature adjourned last week without a Senate floor vote on Rep. Lesko's (R-Glendale) controversial House Bill 2789. This bill, as amended in the Senate, would have prohibited the State from increasing its...more

Supreme Court Revises Test to Establish Common Carrier Status in Condemnation Cases

by Jackson Walker on 3/7/2012

On March 2, 2012, the Texas Supreme Court revised its opinion in the controversial case, Texas Rice Land Partners, Ltd. v. Denbury Green Pipelne-Texas, LLC. In its original decision, the Supreme Court held that merely filing...more

Arizona House of Reps. Approves Potentially Unconstitutional Energy Bill

by Lewis and Roca LLP on 3/6/2012

The Arizona House of Representatives voted today to pass Rep. Lesko's HB 2789. This is the bill that would require the Arizona Corporation Commission (ACC) to get legislative approval of "all rules or amendments to existing...more

HB 2789 Moves Forward Despite Legislative Council's Finding of Unconstitutionality

by Lewis and Roca LLP on 2/29/2012

Earlier today, the Rules Committee of the Arizona House of Representatives passed Rep. Lesko's (R-Glendale) HB 2789 despite an opinion issued by the Arizona Legislative Council on Monday concluding that the bill is...more

ACC's Top Attorney Concludes HB 2789 is Unconstitutional

by Lewis and Roca LLP on 2/24/2012

In a letter to the Commissioners last week, Janice Alward, Chief Counsel for the Arizona Corporation Commission (ACC), analyzed a bill currently pending in the Arizona Legislature and concluded that it is unconstitutional. ...more

3 Proposed Changes to New Mexico PRC Approved by Legislature; Go to Voters in November

by Lewis and Roca LLP on 2/17/2012

Yesterday, the New Mexico legislature completed its 30 day session and approved three changes to the New Mexico Public Regulation Commission (PRC). The changes were the result of attempts to reform the Agency following...more

State Senator Tim Keller Introduces Legislation to Appoint NM PRC Commissioners

by Lewis and Roca LLP on 12/30/2011

State Senator Tim Keller has introduced proposed legislation to revamp the way Commissioners at the New Mexico Public Regulation Commission are selected. Following a series of scandals, including felony convictions of two of...more

Land-Use Planning and Natural Resource Rights - The Alberta Land Stewardship Act

by Fraser Milner Casgrain LLP on 11/4/2011

Alberta’s new Land Stewardship Act is unique regional land-use planning legislation that affects both private and public land in the province. Significantly, the regional plans to be developed will adversely affect, amend and...more

New Mexico Supreme Court Hears Oral Argument on Domestic Wells

by Lewis and Roca LLP on 10/14/2011

On Thursday, October 13, 2011, the New Mexico Supreme Court heard oral arguments in two cases challenging the state statutes on domestic wells. The cases essentially challenge the Constitutionality of several state statutes...more

Township Solicitor Asks Court to Take Initiative Banning Drilling off the Ballot

by Duane Morris LLP on 10/3/2011

Voters in Pennsylvania's Peters Township will never see a referendum banning oil and gas drilling if a Common Pleas judge sides with the township solicitor and blocks the question from appearing on the November...more

Arizona Supreme Court Denies Goldwater Institute's Appeal in Lawsuit Over REST Rules

by Lewis and Roca LLP on 9/21/2011

Without comment, the Arizona Supreme Court yesterday declined to hear an appeal of the Court of Appeals' decision in the legal battle over the state's Renewable Energy Standard and Tariff (REST) rules. The appeal was sought...more

Supreme Court Rejects Railroad Commission Approval of Common Carrier Status in Condemnation Cases

by Jackson Walker on 8/30/2011

On August 26, 2011, the Texas Supreme Court reversed and remanded a decision by the Ninth Court of Appeals to affirm the common carrier status and the eminent domain authority of a carbon dioxide (CO2) pipeline company,...more

Tax Injunction Act Does Not Bar a Levy Imposed on a Single Entity

by Sutherland Asbill & Brennan LLP on 8/10/2011

On June 20, 2011, the U.S. Court of Appeals for the Fourth Circuit ruled that the federal district court for the District of Maryland has jurisdiction to adjudicate a case involving the constitutionality and validity of a...more

Rural Water Sewer & Solid Waste Management v. City of Guthrie

Opinion on Spending Clause challenge to 1926(b) protection

by Jim Milton on 7/25/2011

On July 25, 2011, the U.S. Court of Appeals for the Tenth Circuit issued its decision in the Guthrie appeal. This decision applied the Oklahoma Supreme Court's June 29, 2010 decision on certified questions. In doing so, the...more

Supreme Court Holds Federal Courts Do Not Have Jurisdiction to Hear Federal Common Law Nuisance Claims Relating to Greenhouse Gas...

by Schnader Harrison Segal & Lewis LLP on 7/5/2011

The United States Supreme Court, in an 8–0 decision (Justice Sotomayor did not participate) written by Justice Ginsburg, ruled on June 20, 2011 that federal common law nuisance claims are not available as a means to impose...more

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Constitutional Law – May 23, 2012

Narrowed by: Energy & Utilities Law