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State and Local Government › Permits › Preemption

Best Best & Krieger LLP

Call to Action: Impending Threat to Communities’ Property Rights, Revenues and Police Powers Demands Planning and Response from...

Best Best & Krieger LLP on

Local governments must prepare now for renewed efforts in Washington, D.C. to restrict, and in some cases, eliminate a community’s ability to manage their property, receive fair compensation for the private use of public...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

Williams Mullen

Court Holds Local NIMBY Ordinance Preempted by State Law

Williams Mullen on

The “not in my back yard” (NIMBY) doctrine taking hold across the United States was recently dealt a setback in South Carolina. The United States District Court for the District of South Carolina, Florence Division, recently...more

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