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Department of Justice (DOJ) Dormant Commerce Clause

Bracewell LLP

Fifth Circuit Condemns Texas Transmission ROFR Law on Constitutional Grounds

Bracewell LLP on

On August 30, 2022, the Fifth Circuit issued an opinion condemning a far-reaching Texas law on electric transmission right-of-first-refusal (“ROFR”). The decision concerns a 2019 Texas law that restricted the ability to...more

McDermott Will & Emery

Virginia’s Certificate of Need Laws May Stay, Fourth Circuit Says

McDermott Will & Emery on

On January 21, the U.S. Court of Appeals for the Fourth Circuit upheld Virginia’s Certificate of Need (CON) laws, ruling that the scheme does not illegally discriminate against out-of-state health care providers. See Colon...more

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