News & Analysis as of

Enforcement Actions State and Local Government Constitutional Challenges

Otten Johnson Robinson Neff + Ragonetti PC

Governor and Municipalities in Dispute over Implementation of Strategic Growth Legislation

On May 16, 2025, Governor Jared Polis signed Executive Order D 2025 005 (“Order 005”) to address implementation of recently-passed strategic growth legislation.  As discussed below, Governor Polis has ordered certain state...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

Goulston & Storrs PC on

In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Troutman Pepper Locke

Federal Court Pumps the Brakes on Iowa Vape Directory

Troutman Pepper Locke on

We previously wrote about this case last January, when Iowans for Alternatives to Smoking & Tobacco, Inc., Global Source Distribution, LLC, and others filed a complaint and motion for a preliminary injunction in federal...more

Brownstein Hyatt Farber Schreck

Recent State Enforcement Actions Take Aim at Sports-Based Event Contracts

In recent months, numerous online commodity trading markets have begun to offer sports-based event contracts concerning the outcome of various sporting events. These event contracts—which are a type of derivative...more

Pillsbury Winthrop Shaw Pittman LLP

State Climate Laws and Litigation Face Federal Pushback Under New Executive Order

On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach​. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more

Epstein Becker & Green

New Tennessee Immigration Enforcement Law: Key Measures and Implications

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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

Steptoe & Johnson PLLC

The Trump Effort to Close USDOE

Steptoe & Johnson PLLC on

The Wall Street Journal reported on Wednesday, March 5, 2025, that it had reviewed a draft executive order directing Secretary Linda McMahon to take all necessary steps to facilitate the closure of the Department of Education...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

Harris Beach Murtha PLLC

Judicial Ruling Affirms Power of New York’s Ethics Commission

New York’s Commission on Ethics and Lobbying in Government will retain its enforcement power the Court of Appeals has ruled, dealing a blow to former Gov. Andrew Cuomo’s attempt to strip the state ethics board of its power...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

Paul Hastings LLP on

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

Fox Rothschild LLP on

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

Falcon Rappaport & Berkman LLP

Not So Fast, Court Tells New York City Sheriff’s Office – Court Issues Injunction Ordering Immediate STOP to “Unconstitutional”...

Recently, New York State Supreme Court Justice Thomas Marcelle ordered an immediate halt to warrantless searches of licensed hemp retailers. These searches had been conducted in connection with raids targeting smoke shops and...more

Woods Rogers

4 Things Everyone Should Know About the DOJ’s Seismic Policy Shift

Woods Rogers on

Acting Deputy Attorney General Emil Bove issued a Memorandum to all Department of Justice (DOJ) employees outlining interim guidance in light of the Executive Orders issued by President Donald Trump on his first day in...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

Best Best & Krieger LLP

Simultaneous Federal and State Court Actions on Code Violations? - Ninth Circuit Says Yes… In Rare Instances

The City of Palmdale received a civil inspection warrant to investigate a family-operated motel for alleged violations of both state and local laws....more

Spilman Thomas & Battle, PLLC

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

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