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Preemption

85 FR 24174

ELR Federal Agency Update

Wheelabrator Baltimore, L.P. v. Mayor and City Council of Baltimore

ELR Case

A district court granted two Baltimore solid waste incineration facilities' partial motion for summary judgment in a challenge to the Baltimore Clean Air Act (BCAA). The facilities argued the BCAA was "conflict preempted" by Maryland...

BNSF Railway Co. v. Clark County

ELR Case

A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and...

Berner v. Montour Township Zoning Hearing Board

ELR Case

A state high court reversed a lower court decision in a lawsuit over a hog farmer's application for a special zoning exception to construct a livestock manure storage facility. The farmer argued that a a local zoning ordinance setting...

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...

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,...

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...

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