State and Local Government

News & Analysis as of

Alert: Policy Revisions Due to New Laws

This Alert is intended to give a general explanation of 2014 legislative enactments of the Connecticut General Assembly that may impact your board of education policies. For more detailed and individualized assistance with...more

CPUC Review of Comcast-TWC Merger Gives Cities & Schools Opportunity to Improve Broadband Services

The California Public Utilities Commission has decided to focus on the cost and availability of broadband services in its review of the proposed merger between the two largest cable and broadband providers in the state:...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update: August 2014

This is a brief update on recent Pennsylvania tax developments. FY15 Budget Enacted—Includes Little Tax Reform Earlier this summer, Governor Corbett signed into law the fiscal year July 1, 2014 through June 30, 2015...more

Weekly Update from the NC State House - August 2014: After an unusually lengthy short session that started May 14th, lawmakers...

And The Gavel Drops! - After an unusually lengthy short session that started May 14th, lawmakers finally agreed on Wednesday August 20th to adjourn sine die, and conclude the business of the 2013-14 General Assembly. ...more

Governments May Be Exempt From ERISA, But They Are Not Exempt From Securities Laws

ERISA lawyers know that employee benefit plans offered by state and local governments to their employees are not subject to ERISA, the federal law that generally governs benefit plans of private employers. However, other...more

The Empire State Strikes Back: New York Proposes Rules for Virtual Currency

The New York State Department of Financial Services (the “Department”) recently published its proposed rules and regulations (the “Proposed Rules”) for vendors conducting business involving virtual currency. The Proposed...more

Legislative Update (Not the) End of Session

Jones Street has the unsettling calm of the realization after a just-fought battle that the victory was not worth the bloodshed, and you can’t remember why you’re fighting....more

N.C. Court of Appeals Speaks On Zoning Issues: Consistency Statements, Legislative Records and Attorney Fees

The North Carolina Court of Appeals has spoken twice in recent weeks on zoning issues. Let's review. Zoning Ordinance Amendments and Consistency Statements - First, in Atkinson v. City of Charlotte, COA 13-226...more

The 10 Most (and Least) Corrupt States in America

Corruption of state governments costs American taxpayers billions of dollars each year, according to a new study by researchers at Indiana University and City University of Hong Kong that reports on the risk of corruption and...more

Kennebec County v. Maine Public Employees Retirement System: An Important Ruling for Maine’s Governmental Employers

The Maine Supreme Judicial Court (Law Court) recently handed down an important ruling limiting the administrative authority of the Maine Public Employees Retirement System (MPERS). In Kennebec County v. Maine Public...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 14: Discrimination Laws Apply To State And...

Title VII, as enacted in 1964, had a rather large coverage gap: millions of American workers employed by State and local governments were not covered. Why? The principal reason was State sovereignty, and the notion that...more

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

FERC Grants Rehearing on State Law Issues in Order No. 1000 Filings

In a trio of orders, FERC softened its approach to considering the effects of state law rights of first refusal in Order No. 1000 regional transmission planning, suggesting a move toward deference to state legal limitations...more

Arizona’s Notice Of Claim Statute – Jumping Through Hoops When Suing State Government Or Its Agencies Or Political Subdivisions

For 20 years, the State of Arizona, its agencies and political subdivisions have held a secret weapon to thwart claims made against them for everything from breach of employment contracts to gross negligence in providing...more

Appellate Court Public Records Act Decision Leaves Questions Unanswered

When the decision in City of San Jose v. Superior Court was announced, many public agency employees and officials were relieved to read that the Court of Appeal agreed with the city: communications on public officials’...more

Marijuana Dispensaries Should Be Put On Main Street

Medical marijuana is now legal in Connecticut, though still not legal under federal law. Control over the industry is in the hands of the Department of Consumer Protection (DCP), which has chosen four companies to operate...more

Federal Ruling Keeps Ohio’s Ban on Same-Sex Marriage In Play For Now

State and federal courts have ping-ponged the issue of state same-sex marriage bans in recent months. As an Ohio appeals attorney can explain, Ohio’s ban on same-sex marriage will stay in effect at least for the time being....more

Fiduciary Duty for Broker-Dealers and Agents

Could the states impose fiduciary duty on their own? For more years than I care to remember, consumer groups, state securities regulators and investment advisers large and small have warned of the confusion wrought on...more

Negligent Operation Of A Storm Sewer: A New Theory Of Climate Change Liability

We have written many times about the flawed design of the nation's flood maps in an era of climate change. And spoken about the potential for claims against professionals for failure to consider the effects of climate change...more

Public Officials, Financial Disclosure And A New Era Of Liability

The Securities and Exchange Commission is making it clear: Government leaders who issue misleading financial information are putting themselves at risk. Several recent actions by the Securities and Exchange Commission...more

Ninth Circuit: City Requirement That Cell-Tower Company Obtain Voter Approval Upheld

When T-Mobile sought to place a cell-tower in a park owned by the City of Huntington Beach, California, the City granted the company all the regulatory approvals it required. But the City also informed T-Mobile that before...more

Court Denies Cell-Tower Company's Challenge to Initiative Requiring Voter-Approval Before City Can Lease Property

Decision Could Be Relevant to Upcoming FCC Rulemaking - An appellate court last week ruled that a provision of the federal Communications Act limiting how a local government may regulate the “placement, construction,...more

FCC Requests Comment on Wireless Broadband Rules That Could Limit Local Government Authority - February Deadline Set for Public...

The Federal Communications Commission (FCC) today formally released and requested comment on proposed rules to accelerate the expansion of wireless broadband services nationwide, which could limit local governments’ zoning...more

Sea Level Rise Guidance For Agencies, Cities

In 2008, former Gov. Arnold Schwarzenegger signed an executive order calling for the development of a statewide strategy and ordered state agencies to plan for sea level rise impacts. And Oct. 14, following Gov. Jerry Brown's...more

Southeast State & Local Tax: Important Developments - November 2013

The Williams Mullen Southeast State and Local Tax (SESALT) team is pleased to provide you with a comprehensive recap of recent legislation around the U.S....more

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