News & Analysis as of

Dormant Commerce Clause

Illinois District Court Rejects Federal Preemption Challenges to State Zero-Emissions Credit Program

by K&L Gates LLP on

On July 14, 2017, the U.S. District Court for the Northern District of Illinois issued an opinion dismissing challenges to the state of Illinois’ zero-emissions credit (“ZEC”) program. Illinois’ ZECs are tradable credits...more

State Programs to Encourage Zero-Emitting Generation Are Constitutional

Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy. Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a...more

How Employers Can Avoid California Labor Code Section 925

by Nilan Johnson Lewis PA on

Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With...more

Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

by Stoel Rives LLP on

On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

State Programs to Encourage Renewable Energy Are Constitutional (In Case You Were Worried)

Last week, the 2nd Circuit Court of Appeals affirmed a District Court decision rejecting a challenge to Connecticut statutes intended to encourage renewable energy development in Connecticut. It’s a critical win, not just...more

IN’s Vapor Pens and E-Liquid Act Violates the Commerce Clause Because of Its Extraterritorial Reach

On January 30, the U.S. Court of Appeals for the Seventh Circuit held that the extraterritorial effects of Indiana’s Vapor Pens and E-Liquid Act, Ind. Code §§ 7.1-7-1-1 et seq., violated the dormant Commerce Clause of the...more

NCSL Task Force on SALT Meets in Anticipation of Active Legislative Sessions

by McDermott Will & Emery on

On Saturday, January 14, the National Conference of State Legislatures (NCSL) Task Force on State and Local Taxation (Task Force) met in Scottsdale, Arizona to discuss many of the key legislative issues that are likely to be...more

Mississippi Supreme Court Finally Disconnects The Line On Dividend Exclusion Statute In The AT&T Case

by Butler Snow LLP on

In a previous article, we summarized AT&T’s 16-year effort, in two separate lawsuits, to have declared unconstitutional two Mississippi income tax statutes on the alleged basis that they placed a greater tax burden on AT&T...more

Constitutional Use of Toll Revenue the Subject of Recent Federal Court Decision

by Nossaman LLP on

Public agencies with toll-setting authority should take note of a recent federal court decision relating to the uses of user fees and toll revenue, as well as the stated goals of the plaintiff in that case. The U.S....more

Goodwin Files Supreme Court Amicus Brief On Behalf Of The Mortgage Industry

by Goodwin on

On July 25, 2016, Goodwin filed a certiorari-stage amicus brief on behalf of the Mortgage Bankers Association, Consumer Mortgage Coalition, and several other mortgage industry groups. The case involves a Connecticut law that...more

Financial Services Weekly News - July 2016 #4

by Goodwin on

Editor's Note - What Exactly Is Bitcoin? In a case featuring a sting operation beginning with meetings in a coffee shop, ice cream store and hotel lobby and ending with the sale of bitcoins to an undercover Miami Beach...more

Breaking News: Physical Presence Requirement Bill Introduced in Congress

by McDermott Will & Emery on

On July 14, 2016, Congressman Jim Sensenbrenner (R-WI) introduced the No Regulation Without Representation Act of 2016 (H.R. 5893) in the US House of Representatives (House). The bill would codify the physical presence...more

Guest Post – Corn, Justice Brandeis, Litigation Tourism and the Dormant Commerce Clause

by Reed Smith on

We have another guest post for our readers today, this time courtesy of Richard Dean of Tucker Ellis. His point involves personal jurisdiction. As we’ve discussed, some courts have allowed “general jurisdiction by consent”...more

Minnesota May Not Prohibit Power Sales That Would Increase Statewide CO2 Emissions. Why Not? Pick Your Reason.

If you needed any further proof that energy law is very complicated, Wednesday’s decision in North Dakota v. Heydinger should convince you. The judgment is simple – the 8th Circuit Court of Appeals struck down a Minnesota...more

Washington ALJ Upholds B&O Assessment on German Company’s Royalty Income

by McDermott Will & Emery on

On May 31, 2016, the Washington Department of Revenue (DOR) Appeals Division released a Determination (No. 15-0251, 35 WTD 230) denying a German pharmaceutical company’s business and occupation tax (B&O) protest. The...more

Eighth Circuit Panel Rules Minnesota Climate Change Law Unconstitutional

by Stoel Rives LLP on

Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed...more

Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment

by McDermott Will & Emery on

On April 21, the US Court of Appeals for the Fifth Circuit handed down its opinion in Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343. It provides further guidance, at least within the Fifth Circuit, on the...more

California Resale Royalty Act Claims Dismissed as Preempted by Copyright Law, Despite 1980 Ninth Circuit Holding to the Contrary

by Sullivan & Worcester on

Just three months after the Supreme Court denied certiorari review of last year’s Ninth Circuit decision finding California’s Resale Royalty Act unconstitutional under the Dormant Commerce Clause in part—but also valid in...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19376 - MERSCORP Holdings, Inc. v. Malloy - Electronic Mortgage Recording Systems, of which currently MERS is the only real player, account for 65% of all CT residential...more

State & Local Tax Advisory: Direct Marketing Association v. Brohl: What’s Quill Got to Do with It?

by Alston & Bird on

On February 22, 2016, the U.S. Court of Appeals for the Tenth Circuit issued its decision in Direct Marketing Ass’n v. Brohl. 1 The Tenth Circuit reversed the federal district court and held that Colorado’s law imposing use...more

Tenth Circuit Rules Colorado Can Require Remote Retailers to Notify Customers of the State's Use Tax

On Monday, the U.S. Court of Appeals for the Tenth Circuit upheld the constitutionality of a Colorado law that requires remote retailers to notify customers of the state’s use tax requirements and report certain customer tax...more

Connecticut Supreme Court Upholds Constitutionality of MERS Recording Statute

In a recently issued opinion, the Connecticut Supreme Court upheld the constitutionality of a recording statute specifically targeted by the Connecticut legislature to impose higher recording fees on residential mortgage...more

Tenth Circuit Upholds Colorado’s Use Tax Reporting, Limits Quill to Sales and Use Tax Collection

On February 22, 2016, the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) issued its opinion in Direct Marketing Association v. Brohl, reversing the district court’s order granting summary judgment. The Tenth...more

Virginia’s Certificate of Public Need Law is Here to Stay (For Now)

by Williams Mullen on

Virginia’s Certificate of Public Need (“COPN”) law has been the subject of considerable debate in the General Assembly, in the media, and in federal court. At least for now, the discussion at the judicial level has ended,...more

Connecticut Supreme Court Upholds Constitutionality of Statute Targeting MERS Documents For Increased Recording Fees

by Goodwin on

States have long imposed fees for recording land records documents, and until recently they have generally done so uniformly, without regard to who the parties to the document might be. The Connecticut Supreme Court has,...more

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