Preemption › Permits

News & Analysis as of May 25, 2013

SCOTUS Rules on AZ's Immigration Law: What’s in, What’s Out & What It Means for Other States—Daniel Burnick

Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

by Jacob Arechiga, Steven Dimitt, Michael Knapek, Peter Wahl | Jackson Walker on 5/3/2013

On February 15, 2013, the Texas Supreme Court reversed the rulings of both a trial court and lower appellate court and found in favor of Southern Crushed Concrete in holding that a City of Houston ordinance placing location...more

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

by Jonathan Hobbs, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 4/9/2013

A cooperative corporation that operates a nonprofit medical marijuana collective challenged city ordinances that ban medical marijuana dispensaries. The court of appeal held that the ordinances are not preempted by the...more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

by Mark E. Beliveau, John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 2/13/2013

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

Medical Marijuana Dispensaries Are Now Operating in Arizona

by Neil Alexander, Kristy Peters | Littler on 12/13/2012

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

State Common Law Carbon Dioxide Liability Claims: Premonitions of Preemption (and Dismissal)

by McCarter & English: Climate Change &... on 12/1/2012

Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more

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