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Preemption › Home Rule States

Porter Hedges LLP

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

Porter Hedges LLP on

When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more

Troutman Pepper Locke

When Green Goes Up in Smoke: Unraveling the Power Tussle Between State and Local Authorities in Marijuana Regulation

Troutman Pepper Locke on

Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of...more

Pierce Atwood LLP

Roma, III, Ltd. V. Board Of Appeals Of Rockport: Did The Supreme Judicial Court “Pave The Way” For Local Control Of Drones?

Pierce Atwood LLP on

Earlier this year, the Supreme Judicial Court (SJC) issued a relatively straightforward decision concerning heliports, home rule authority, and preemption – Roma, III, Ltd. v. Board of Appeals of Rockport....more

K&L Gates LLP

Supreme Court of Ohio Rejects Local Governments’ Attempts to Regulate Oil and Gas Activities

K&L Gates LLP on

In the Appalachian basin, several states have recently faced the issue of whether local governments have the ability to regulate oil and gas operations, potentially causing a maze of varying rules and requirements from one...more

Stoel Rives LLP

Ohio Supreme Court Strikes Down Local Oil & Gas Regulations – How State Law Preemption Is Shielding the Oil and Gas Industry

Stoel Rives LLP on

In a closely watched, 4-3 decision issued yesterday, February 17, the Ohio Supreme Court ruled that the ‘Home Rule Amendment’ to the Ohio Constitution does not grant the city of Munroe Falls the power to enforce its own oil...more

Baker Donelson

Reviewing Courts' Approaches to State or Local Control of Hydraulic Fracturing

Baker Donelson on

While many debates over hydraulic fracturing continue throughout the oil and gas industry, a growing number of state courts are addressing the "home rule" argument, or in this case, whether local governments within the state...more

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