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Interstate Commerce Wholesale

McDermott Will & Emery

Examining Lebamoff Enterprises v. Whitmer

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit’s recent decision in Lebamoff Enterprises v. Whitmer upheld Michigan laws permitting direct-to-consumer shipping by in-state alcohol beverage retailers but prohibiting such...more

Schwabe, Williamson & Wyatt PC

Oregon CAT: Draft Rules Regarding the Wholesale Groceries Exclusion, the Retail Sale of Groceries Exclusion, and Property Resold...

Last week, the Oregon Department of Revenue (“DOR”) issued three draft rules regarding the Oregon Commercial Activity Tax (“CAT”). The DOR may change these draft rules before it issues them as temporary rules, which we...more

McDermott Will & Emery

District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws

On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792. The decision upholds Missouri’s laws permitting in-state retailers to...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Joins Seventh Circuit in Upholding Constitutionality of ZECs, Ending the Current Preemption Fight Against Nuclear...

On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more

McDermott Will & Emery

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

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Hughes v. Talen Energy Marketing, LLC

On April 19, 2016, the United States Supreme Court decided Hughes v. Talen Energy Marketing, LLC, No. 14-614, holding that Maryland’s program that provided subsidies to a new electricity generator through state-mandated...more

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