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Federalism

Lowenstein Sandler LLP

Executive Order Establishes National Policy Framework for Artificial Intelligence; Sets Up New Federal-State Flashpoints

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On December 11, the President issued an executive order establishing a national policy framework for artificial intelligence (AI), with the stated objective of promoting U.S. leadership and maintaining global competitiveness...more

Snell & Wilmer

Supreme Court to Decide Whether Federal “Election Day” Statutes Preempt State Mail‑In Ballot Deadlines

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The United States Supreme Court (SCOTUS) has granted review of Watson v. Republican National Committee, No. 24-1260, a case stemming from Mississippi that examines the interaction between federal election-day statutes and...more

ArentFox Schiff

The EPA Redefines Clean Water Act Definitions: Shifting Federal Control

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In the environmental space, there is perhaps no more closely watched issue than how the US Environmental Protection Agency (EPA) defines the Clean Water Act term, “waters of the United States.”...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

Troutman Pepper Locke

Solicitors General Insights: The Art of Oral Advocacy With Michigan and New Jersey — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, RISE Counsel Jeff Johnson, a former deputy solicitor general in the Missouri Attorney General's office, welcomes Michigan Solicitor...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

Greenbaum, Rowe, Smith & Davis LLP

A Potential Renaissance of Private Law in American Healthcare

An article in the August 9, 2025, issue of the New England Journal of Medicine highlights the opportunity, if not the responsibility, of the bar in the private law sector to fill the gaps in healthcare access, quality, and...more

Cozen O'Connor

25 Republican AGs Urge Dismissal of Maryland Climate Lawsuits

Cozen O'Connor on

Alabama AG Steve Marshall, joined by 24 other Republican AGs, filed an amicus curiae brief urging the Supreme Court of Maryland to dismiss three consolidated climate lawsuits brought by Maryland local governments against...more

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

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A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Troutman Pepper Locke

Solicitors General Insights: The Legal Frontlines in Iowa and Indiana — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by Iowa Solicitor General Eric Wessan and Indiana Solicitor General James Barta to discuss their roles and...more

Blake, Cassels & Graydon LLP

SCC Finds Quebec Law Inapplicable to Federal Undertakings Under Interjurisdictional Immunity Doctrine

In Opsis Airport Services Inc. v. Quebec (Attorney General) (Opsis), the Supreme Court of Canada (SCC) affirmed that the doctrine of interjurisdictional immunity (IJI) remains an essential feature of Canada’s federal...more

Morgan Lewis

Executive Order Seeks to Limit State Role in Energy Regulation

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The US administration issued the executive order “Protecting American Energy from State Overreach” on April 8, 2025, directing the US Attorney General to identify and challenge state- and local-level energy and climate...more

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

U.S. Environmental Protection Agency Deregulatory Agenda: Administrator Zeldin Announces 31 Actions

The United States Environmental Protection Agency (“EPA”) issued a March 12th news release titled: EPA Launches Biggest Deregulatory Action in U.S. History. EPA Administrator Zeldin announced 31 actions that the...more

Foley Hoag LLP - Environmental Law

An Impoundment By Any Other Name

A Monday night memorandum issued by the Office of Management and Budget (“OMB”) ordered federal agencies to “temporarily pause” all federal funding and other agency activities that “may be implicated by” the slew of executive...more

Davis Wright Tremaine LLP

Tools To Limit the Administrative State – The Revival and Enhancement of Executive Orders

Efforts by the Executive Branch to shape and control regulatory output is nothing new. Beginning with the Nixon Administration, several administrations have issued Executive Orders (EOs) to limit or otherwise influence how...more

Cozen O'Connor

State AG Pulse | The State AG: Both Advocate & Influencer

Cozen O'Connor on

In our eighth State AG Pulse episode in season 4, we discuss the primary outcome in West Virginia as well as the remaining state AG primaries in Utah, Missouri, and Vermont. Chris Allen, Katen Bhirud, and Emily Yu then delve...more

Troutman Pepper Locke

Bipartisan AG Coalition Signs Amicus Brief Advocating for the US Supreme Court to Revoke MLB’s Antitrust Exemption

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A bipartisan coalition of 18 state attorneys general (AGs) led by Connecticut AG William Tong has signed an amicus brief urging the U.S. Supreme Court to overrule its 1972 Flood v. Kuhn decision and revoke the immunity from...more

Cozen O'Connor

Cozen Currents: Is There No Shame?

Cozen O'Connor on

The Cozen Lens- • House Speaker Kevin McCarthy (R-CA) made it through the shutdown showdown but has perpetually been at risk of losing his gavel. The best thing he has going for him though is that any successor might have...more

ArentFox Schiff

Supreme Court Pulls Back Dormant Commerce Clause in National Pork Producers Council v. Ross

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Federalism — the allocation between federal and state governments — is at the heart of American constitutional law. In a dispute related to the constitutionality of California state regulations dealing with pig farming, the...more

Cozen O'Connor

Republican AGs Oppose Department of Energy’s Proposed Gas Stove Standards

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A coalition of 22 Republican AGs wrote a letter to the Department of Energy (DOE) in opposition to proposed standards that would ban the sale of gas stoves that do not meet certain requirements....more

McGlinchey Stafford

MedMen’s Illegality Defense: Will the Court Take the Case?

McGlinchey Stafford on

Can claiming you broke the law get you out of a contract? Illegality And Unforceability- MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more

Constangy, Brooks, Smith & Prophete, LLP

Weed policy options for multi-state employers -- are there any?

As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New...more

Rivkin Radler LLP

The Deduction of Cannabis Business Expenses Following New York’s 2023 Budget

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The 2023 Budget- Last week, the New York Legislature passed the State’s 2022-2023 Budget. The $220 billion Budget reflects an $8 billion increase over last year’s budget (a more than 3 percent jump). It is also $4 billion...more

Littler

Federal Contractor and Subcontractor Vaccine Mandate Temporarily Enjoined in Kentucky, Ohio, and Tennessee

Littler on

On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to block the enforcement of the vaccine mandate for federal contractors and subcontractors...more

BakerHostetler

[Podcast] Federalism Showdown: Does ARPA Prohibit State Tax Cuts?

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Tucked away in the American Rescue Plan Act of 2021 is a provision that prohibits states from using the $350 billion in state and local relief money to fund tax cuts. What does this mean for state tax policy? What does this...more

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