News & Analysis as of

Preemption Infrastructure

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

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Confirms Preemption in Rehearing...

The United States Court of Appeals Ninth Circuit (“Ninth Circuit”) addressed in a January 2nd Order and Amended Opinion (“Order”) a challenge to a Berkeley, California, building code provision that prohibited the installation...more

Goldberg Segalla

New Ninth Circuit Ruling: City of Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

Goldberg Segalla on

On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley,...more

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

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Addresses Preemption Issue

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an April 17th Opinion a challenge to a Berkeley, California, building code provision that prohibited the installation of natural gas...more

Jones Day

Ninth Circuit Approves California's Net Neutrality Law, Shifts Focus to FCC

Jones Day on

In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more

Faegre Drinker Biddle & Reath LLP

How the Anti-Drunk Driving Technology Mandated by Recent Legislation May Impact the Liability of Automobile Manufacturers and the...

The Infrastructure Investment and Jobs Act (the “Act”), signed into law on November 15, 2021, has been followed closely by the transportation sector.  One section of the Act has the potential to impact the landscape of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2021 #4

Congress: Lather. Rinse. Repeat. After scuttling plans last month to vote on both a $1.2 trillion bipartisan “hard infrastructure” bill that the U.S. Senate approved, 69–30, on August 10, 2021, and a proposed $3.5 trillion...more

Cozen O'Connor

Pennsylvania Public Utility Commission Rules Two Municipal Permitting Fees Are Preempted by State Law

Cozen O'Connor on

The Pennsylvania Public Utility Code (Code) gives the Pennsylvania Public Utility Commission (PUC) extensive authority to regulate public utilities in Pennsylvania. The Supreme Court of Pennsylvania has held that the General...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Incommodes Wireless Access to Rights of Way

Amidst the ongoing power struggle between communications service providers striving for unfettered access to rights-of-way to place their facilities, and municipalities working to protect their authority over such...more

Perkins Coie

California Supreme Court Upholds Validity of Local Aesthetic Regulation of Telecommunications Infrastructure

Perkins Coie on

Local governments may require a permit conditioned on compatibility with aesthetic standards to install and maintain wireless communications infrastructure in the public right-of-way, the California Supreme Court held in...more

Best Best & Krieger LLP

[WEBINAR] Automated Vehicle Pilot Project Risks and Smart Infrastructure

As pilot projects testing self-driving and connected vehicles continue to roll out across the country, new policy, liability and contractual issues arise — in addition to considerations around future "smart" infrastructure...more

Nossaman LLP

STB Preempts a City's Effort to Force a Railroad to Reinstall a Grade Crossing

Nossaman LLP on

In a recent preemption decision, the Surface Transportation Board (“STB”) rejected a city’s attempt to mandate that a railroad reinstall a grade crossing. The STB’s order appears to call into question the enforceability of...more

Jones Day

Blind Spots Remain as SELF DRIVE Act Passes House

Jones Day on

The first federal bill on autonomous vehicle technology passed the full U.S. House of Representatives unanimously on September 6, 2017. The bill addresses important privacy, preemption, exemptions, testing, safety standards,...more

Best Best & Krieger LLP

CEQA Not Preempted in State-Owned Rail Project - California Supreme Court Decision Could Impact High-Speed Rail Project

In a decision that could have significant implications for California’s high-speed rail project, the California Supreme Court recently held in Friends of the Eel River v. North Coast Railroad Authority that the federal...more

Nossaman LLP

STB Jurisdiction Over Intrastate Passenger Rail

Nossaman LLP on

In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is...more

Perkins Coie

FCC Thwarted in Efforts to Preempt State Broadband Laws

Perkins Coie on

The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

Davis Wright Tremaine LLP

FCC Preempts Two State Laws That Limit the Geographic Reach of Municipal Broadband Systems

On February 26, 2015, the Federal Communications Commission voted to strike down provisions of North Carolina and Tennessee laws that restrict the area in which municipally-owned broadband systems in those states are allowed...more

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