News & Analysis as of

Constitutional Challenges State and Local Government Regulatory Requirements

Cadwalader, Wickersham & Taft LLP

President Trump’s Executive Order on State Climate Change Policies

On April 8, 2025, President Trump issued an executive order (the “Order”) to protect “American Energy from State Overreach.”...more

Cozen O'Connor

Democratic AGs Sue Over Access to Clean-Energy Funds

Cozen O'Connor on

A group of four Democratic AGs sued the EPA and Citibank, N.A., as a financial agent for the federal government, alleging that they wrongfully denied the states access to funds appropriated by Congress for clean-energy...more

Blank Rome LLP

City’s Electric Slide Stumbles as Invalid Tax

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We often focus on whether a levy is a tax masquerading as a fee because a state tax must be fairly apportioned under United States Constitutional precedent, while a fee is not so limited. Some “fees” can be quite material in...more

Littler

New York Court Issues Decision and Order Declaring the DOH’s August 2024 Reimbursement Rate Adjustment for Fiscal Intermediaries...

Littler on

On March 20, 2025, a New York Supreme Court Justice in Albany County issued a decision and order declaring the New York State Department of Health (NY DOH)’s August 2024 implementation of an administrative rate reimbursement...more

Mayer Brown

STF Establishes Non-Incidence of ISS on Commissioned Manufacturing Activities

Mayer Brown on

The Brazilian Supreme Court (STF) decided that the Tax on Services’ (ISS) non-levy on toll commissioned manufacturing activities, whenever these activities refer to the intermediary activities of a production cycle. The...more

Epstein Becker & Green

Tougher Immigration Enforcement at the State Level: Tennessee Law Supplements the New Trump Administration’s Immigration...

While much attention has been given to the Trump Administration’s early federal policy objectives to increase immigration enforcement, clients should also be aware of similar increased enforcement policies at the state level....more

Lippes Mathias LLP

New York’s Highest Court Rules State Ethics and Lobbying Regulator Passes Constitutional Muster

Lippes Mathias LLP on

By the narrowest of margins, the New York Commission on Ethics and Lobbying in Government (“COELIG”) fended off a separation of powers challenge brought by former Governor Andrew Cuomo. The Court of Appeals, in a 4-3 decision...more

Whiteford

Client Alert: Administration’s Attempt to Freeze all Federal Financial Assistance is Stalled by Court Ruling

Whiteford on

On January 27, 2025, the new Administration’s Office of Management and Budget (OMB) issued a Memorandum ordering a total freeze on “all federal financial assistance” that could be targeted under his previous executive orders...more

Greenbaum, Rowe, Smith & Davis LLP

Criminalizing Reproductive Care and Abortion Services through Telehealth

The January 30, 2025 issue of the New England Journal of Medicine contains an article entitled “Providing Interstate Telehealth Abortion Services to Patients in Restrictive States.” In the second sentence, the authors write:...more

Paul Hastings LLP

New York State Bill Seeks to Impose Greenhouse Gas Emissions Disclosure Requirements

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On January 27, 2025, N.Y Sen. Brad Hoylman-Sigal (D), introduced Senate Bill 3456 (“SB 3456”) calling for the adoption of the Climate Corporate Data Accountability Act (“CCDAA”). The bill is substantively identical to...more

Fox Rothschild LLP

Take Two: Rhode Island District Court Again Directs Trump Administration to Unfreeze Federal Funds

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Despite two Temporary Restraining Orders (TROs) issued by federal courts in Rhode Island and Washington, DC, the US District Court for the District of Rhode Island found that the Trump Administration’s funding freeze...more

Mintz

California Climate Disclosure Laws Survive Significant Challenge

Mintz on

Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more

Bradley Arant Boult Cummings LLP

Will 2025 Continue Circuit Court Harmony in Nationwide Litigation Involving State Law Hemp Legislation, or Will a Circuit Split...

You’ve probably seen the reports of the United States Fourth Circuit Court of Appeals’ January 7, 2025 opinion upholding a Virginia law that regulates consumable hemp products. I planned to put up a blog post soon after the...more

Allen Matkins

Has California Imposed Nationwide Price Controls?

Allen Matkins on

On January 7, 2025, Governor Newsom proclaimed a State of Emergency in Los Angeles and Ventura Counties due to the fire in the Pacific Palisades and windstorm.  This proclamation triggered price the application of California...more

Vicente LLP

Virginia’s ‘Total THC’ Hemp Law Upheld by Fourth Circuit: What It Means for the Hemp Industry

Vicente LLP on

On January 7, 2025, the Fourth Circuit Court of Appeals issued its long-awaited decision in Northern Virginia Hemp & Agriculture v. Commonwealth of Virginia, holding that Virginia could implement “total THC” standards for...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Harris Beach Murtha PLLC

New York State Commission on Ethics and Lobbying in Government Declared Unconstitutional

Harris Beach Murtha PLLC on

The New York State Supreme Court has held the New York State Commission on Ethics and Lobbying in Government (the “commission”) is unconstitutional in violation of the separation of powers. The ruling comes in Cuomo v. New...more

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