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Preemption

The Attack on American Cities

ELR Article

Cities often test the existing limits of their regulatory authority in areas like environmental protection, labor and employment, and immigration. The last few years witnessed an explosion of preemptive state legislation attacking,...

State Preemption of Local Government: The Philadelphia Story

ELR Article

We are practitioners for the City of Philadelphia with extensive experience in cases and analysis regarding the extent to which the Commonwealth of Pennsylvania has, or has not, preempted local regulation in various subjects of concern...

Local Control Is Now “Loco” Control

ELR Article

Cities have become a critical source of innovation across a wide array of policy areas that advance inclusion, equitable opportunity, and social justice. In the absence of state and federal action, cities and other local governments...

Montgomery, County of v. Complete Lawn Care, Inc.

ELR Case

A state appellate court reversed a lower court ruling that struck down a county ordinance banning the use of certain pesticides for cosmetic purposes throughout the county. The lower court concluded the ordinance was preempted by state...

Colorado Oil & Gas Ass'n v. City of Thornton

ELR Case

A Colorado court, on motions for summary judgment, held that state and federal law preempt portions of a city ordinance concerning the regulation of oil and gas development within its boundaries. The provisions for minimum setbacks...

AES P.R., LP v. Trujillo-Panisse

ELR Case

The First Circuit struck down two Puerto Rican municipalities' ban of the disposal of coal ash at landfills within their borders. In 2015, Puerto Rico's Environmental Quality Board (EQB) approved a request from two landfills to receive...

People v. Rinehart

ELR Case

The Supreme Court of California held that the state's moratorium on the use of suction dredges to mine gold from rivers was not preempted by federal mining law. The case arose after an individual challenged his conviction for the...

Fort Collins v. Colorado Oil & Gas Ass'n

ELR Case

The Supreme Court of Colorado held that state law preempts a city's five-year moratorium on hydraulic fracturing and waste disposal within city limits. Although the Colorado Constitution recognizes the sovereignty of "home rule cities...

Longmont v. Colorado Oil & Gas Ass'n,

ELR Case

The Supreme Court of Colorado held that state law preempts a city's ban on hydraulic fracturing and waste disposal within city limits. The Colorado Constitution recognizes the sovereignty of "home rule cities," meaning that in matters...

BCCA Appeal Group, Inc. v. City of Houston

ELR Case

The Supreme Court of Texas held that the Texas Clean Air Act and the Act’s enforcement mechanisms in the Texas Water Code preempt a Houston air-quality ordinance. The Houston ordinance’s enforcement provisions are inconsistent with the...

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