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Dormant Commerce Clause

Environmental General Counsel PC

NAW EPR Case Pauses Enforcement for NAW Members

On February 6, 2026, the U.S. District Court for the District of Oregon issued a critical ruling in National Association of Wholesaler-Distributors (NAW) v. Feldon, a case challenging Oregon’s landmark Plastic Pollution and...more

Tonkon Torp LLP

Extended Producer Responsibility Laws: Winter 2026 Update

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Update on Constitutional Challenge to Oregon’s Packaging Law The Federal Court for the District of Oregon will hear arguments on Friday, February 6, 2026 from plaintiffs National Association of Wholesaler-Distributors (NAW)...more

Frantz Ward LLP

Jim Ickes Examines Growing Federal Conflict Over State Cannabis Markets

Frantz Ward LLP on

Despite the rapid expansion of state-legal cannabis markets, the constitutional limits on how states may regulate those markets remain unsettled. One of the most significant unresolved questions is whether the Dormant...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Viability of Trump’s AI Executive Order and Its Impact on IP Rights

On December 11, 2025, President Trump issued an executive order entitled “Ensuring a National Policy Framework for Artificial Intelligence.” The Order’s stated purpose is to allow United States (U.S.)-based artificial...more

Paul Hastings LLP

President Trump Signs Executive Order Challenging State AI Laws

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On December 11, 2025, the White House issued a widely anticipated[1] executive order, “Ensuring a National Policy Framework for Artificial Intelligence” (the Executive Order), intending to weaken state-level regulations of...more

Baker Botts L.L.P.

California 2026 Billionaire Tax Act

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On October 22, 2025, a ballot initiative titled the “2026 Billionaire Tax Act” was filed with the California Attorney General. An amendment to the initiative was filed on November 26, 2025....more

MoFo Life Sciences

Texas SB 25 Litigation: Trade Associations Challenge TX Warning Label Requirement

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On December 5, 2025, four national food and beverage trade associations (the American Beverage Association, the Consumer Brands Association, the National Confectioners Association, and FMI the Food Industry Association) filed...more

Troutman Pepper Locke

Prepare for More Consent-Based Jurisdiction Laws After Illinois SB 328

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The new consent to jurisdiction statute for toxic torts, SB 328, is raising the stakes for life sciences, chemical, and other companies. SB 328 loosens the jurisdictional requirements in Illinois and paves the way for other...more

Adler Pollock & Sheehan P.C.

First Circuit Revives Case Challenging Rhode Island Cannabis Act

In a significant development for the Rhode Island cannabis market, on November 25, 2025, the United States First Circuit Court of Appeals issued an opinion in Jensen v. Rhode Island Cannabis Control Commission...more

Bergeson & Campbell, P.C.

Litigation under Oregon’s Packaging EPR Law: What Producers Should Know

The state of Oregon’s packaging and paper Extended Producer Responsibility (EPR) program, enacted in 2021, has progressed into its enforcement stage. With the first fee obligations and real-world compliance deadlines now in...more

Beveridge & Diamond PC

Are Extended Producer Responsibility Laws Constitutional: A Look at the Legal Challenge in Oregon

Beveridge & Diamond PC on

Key Takeaways - Many states have now enacted extended producer responsibility (EPR) laws, creating new and costly requirements for manufacturers, wholesalers, and retailers based on the packaging of the products they...more

Husch Blackwell LLP

Supreme Court Declines to Resolve Commerce Clause Challenge to Pennsylvania’s Consent-to-Jurisdiction Statute

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On October 6, 2025, the United States Supreme Court denied certiorari in Syngenta Crop, LLC v. Nemeth, passing on an opportunity to clarify its prior decision in Mallory v. Norfolk Southern and address whether Pennsylvania’s...more

Akerman LLP

Target Practice: When Does Virtual Presence Satisfy Substantial Nexus?

Akerman LLP on

In the first article of this two-part series, we examined the importance of virtual presence in establishing substantial nexus under the commerce clause. Originally Published in Tax Notes on August 2025....more

Dorsey & Whitney LLP

Energy Law: Month in Review - September 2025

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Bradley Arant Boult Cummings LLP

Maryland Hemp Companies to Ask Fourth Circuit to Hash Out Tough Questions Regarding Hemp

This past summer, a collection of hemp companies in Charm City Hemp, LLC asked a Maryland federal court for a preliminary injunction halting aspects of Maryland’s cannabis licensing scheme (the term cannabis encompassing both...more

Nelson Mullins Riley & Scarborough LLP

Truckin' Across Borders: Rhode Island Court Hauls Dealer Law Beyond State Lines

In Rhode Island Truck Center, LLC v. Daimler Trucks North America, LLC, the Rhode Island Supreme Court recently held on a certified question from the U.S. Court of Appeals for the First Circuit that, based on the plain...more

Falcon Rappaport & Berkman LLP

Dormant Commerce Clause Limits New York’s Cannabis Licensing – A New Second Circuit Decision

In an August 12, 2025, opinion, the U.S. Court of Appeals for the Second Circuit vacated an order from the Northern District that had denied preliminary injunctive relief to two California-owned cannabis license applicants...more

Hogan Lovells

California accelerates towards GHG Disclosures in advance of 2026 Deadlines with Regulatory Timeline and Litigation Win (SB 253...

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The California Air Resources Board (CARB) is forging ahead in implementing what the Agency now refers to as “the 200s”—the Climate Corporate Data Accountability Act (SB 253) and the Climate Related Financial Risk Act (SB...more

Bradley Arant Boult Cummings LLP

The Not So Dormant Commerce Clause

Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic protectionism has recently found...more

Haynes Boone

Boxed In? Lawsuit Challenges Constitutionality of Oregon’s EPR Law

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On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed a lawsuit1 challenging Oregon’s Plastic Pollution and Recycling Modernization Act. The Act created Oregon’s sweeping extended producer...more

K&L Gates LLP

Illinois Law Subjects Out-of-State Companies to General Personal Jurisdiction

K&L Gates LLP on

Amended Illinois Senate Bill 328, which passed both chambers of the Illinois legislature on 1 June 2025, was officially signed into law by Governor Jay Robert “JB” Pritzker on 15 August 2025 as Public Act 104-0352. The...more

Vinson & Elkins LLP

Ongoing Legal Battle Over California’s Climate-Related Disclosure Laws: District Court Gives Red Light to Preliminary Injunction...

Vinson & Elkins LLP on

On August 13, 2025, the U.S. District Court for the Central District of California denied a motion for preliminary injunction to enjoin California Senate Bills 253 and 261. The Chamber of Commerce and five co-Plaintiffs...more

Harris Beach Murtha

Federal Court Rules NY Cannabis Licensing Preference for In-State Convictions is Unconstitutional

Harris Beach Murtha on

On August 12, 2025, the U.S. Court of Appeals for the Second Circuit ruled that New York’s adult-use cannabis licensing scheme, which gives “Extra Priority” to applicants (or certain relatives) with New York State marijuana...more

DLA Piper

Federal Lawsuit Targets Oregon’s Plastic Pollution and Recycling Modernization Act

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Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), one of the first extended producer responsibility (EPR) laws implemented in the US, is facing its first challenge in court. The outcome of the suit could have...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oregon Plastic Pollution and Recycling Modernization Act: National Association of Wholesaler-Distributors Files Judicial Challenge

The National Association of Wholesaler-Distributors (“NAWD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on July 30th in the United States District Court for the District of Oregon against the Oregon...more

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