State and Local Government

News & Analysis as of

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

First Circuit: Does a Local Government Have Authority To Regulate Foreclosures?

Many cities have struggled with the effects of foreclosures. But given the complex mix of state laws that often governs the issue, how much authority do local governments have in this area? A First Circuit case,...more

McAfee & Taft AgLINC - Fall 2013: The (stock) show must go on: Oklahoma Youth Expo secures court win

For nearly a century, Oklahoma City has hosted a junior livestock show each spring where youth from across the state display the best farm animals their generation has to offer in hopes of winning college scholarships and...more

Public Private Partnerships: From Economic Development to Local-Serving Infrastructure Procurement

In This Presentation: Public Private Partnership Opportunities: - Public Assistance into Private Projects • Economic Development/Redevelopment • Land Use/Zoning • Real Estate Assets/Long Range Property...more

“Pay First, Litigate Later” Doctrine Applies to Local Governments: Taxpayers Required to Pay Local Assessments Until Resolution of...

The Water Replenishment District of Southern California (“District”) protects groundwater quality in Los Angeles County groundwater basins from overuse and saltwater intrusion. The District finances its efforts through an...more

Virginia Supreme Court Opinions Affecting Local Government Law October 31, 2013

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more

Ethics Laws and the Importance of Transparency for Public Officials [Video]

Matthew "Mal" Richardson, who serves as city attorney of Stanton and assistant city attorney of Lake Forest, talks about the Brown Act, ethics training for public officials and other important laws and regulations that ensure...more

Working Group Holds Congressional Forum On ESA Reform, Despite Absence Of Environmental Groups

On October 10, 2013, the Endangered Species Act Congressional Working Group (Working Group) held a forum entitled “Reviewing 40 Years of the Endangered Species Act and Seeking Improvement for People and Species.” The forum...more

FCC Proposes New Rules On Local Wireless Siting (Webinar Presentation and Recording)

In This Presenation: The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing...more

New Law Clarifies that Business Improvement and Tourism Marketing District Assessments are Not Taxes Under Proposition 26

Local Government Bears the Burden of Proving that an Assessment is Not a Tax - Assembly Bill 483, signed as urgency legislation by the Governor on October 4 and effective immediately, clarifies provisions of California...more

FCC Wireless Rulemaking - 2013 (Presentation)

FCC Has Commenced New Rulemaking on Wireless - • Rulemaking issued Thursday, Sept. 26; 60-day initial comment period after Fed. Reg. publication. • Local authority is at risk: ..Basic assumptions underlying many...more

Telecommunications Policy in an IP World

In This Issue: •What Principles Apply? •The Traditional “Social Compact” in Telecommunications •Does IP Technology Change the Analysis? •The Issues and Local Governments Principles for Local...more

Argument Report: Where Does a Sale Take Place for Sales Tax Purposes?

Where does a sale take place for purposes of the local portion of the state sales tax? For lots of localized businesses, it's a straightforward question. But what about businesses that operate in multiple counties --...more

New Social Compact in an IP World (Presentation)

In This Presentation: •What Principles Apply? •Some Basic Economics •The Traditional “Social Compact” in Telecommunications •Does IP Technology Change the Analysis? •The Duty for All of Us -...more

The Wheeler Federal Communications Commission--What Can We expect? 2014 Outlook on Congress and the FCC (Presentation)

In This Presentation: FCC Issues - • When will we have a 5 person Commission? • Issues ..E Rate and help for broadband adoption ..Demise of Title II regulation and the rise of net...more

Mortgage Banking Industry Fights Use of Eminent Domain To Seize Underwater Mortgage Loans

In the aftermath of the foreclosure crisis, a number of local governments are weighing whether to use the power of eminent domain to assist homeowners struggling with underwater mortgages held by lenders who have issued...more

Virginia Supreme Court Opinions Affecting Local Government Law September 12, 2013

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website): PKO Ventures, LLC v. Norfolk Redev’t &...more

Under The Dome: Inside The Maine State House 8-2-13

In This Issue: Bond Package on November Ballot Unlikely, Early Cloture Date Set Going into Second Regular Session of 126th Legislature, Governor’s Office of Policy and Management Begins the Process of Trimming State Spending,...more

How New Public Records Law Affects Companies Providing Services to Florida State or Local Governmental Entities

During its 2013 Regular Legislative Session, the Florida Legislature passed CS/CS/HB 1309, which relates to governmental accountability in contracting. Among other things, this legislation created Section 119.0701, Florida...more

New York Financial Regulator Issues Guidance On Determination Of Subprime Home Loans Under State Law

On July 3, the New York Department of Financial Services (DFS) sent a letter to regulated institutions and issued a temporary order relating to the determination of thresholds for “subprime home loans” under Section 6-m of...more

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