Tags » Preemption

Federal Court in NY Cites Obstacle Preemption in Dismissing State-Law Fraud Suit Against Organic Producer

Featured Expert Contributor — Civil Justice/Class Actions

Frank Cruz-Alvarez, a Partner in the Miami, FL office of  Shook, Hardy & Bacon L.L.P. with Ravika Rameshwar… 677 more words

Civil Justice & Litigation

Supreme Court of Colorado Confirms that Local Governments Cannot Ban Hydraulic Fracturing

From May to August, I was preoccupied with bar examination (Pennsylvania) and wedding preparation. That’s no excuse, however, not to mention two of this year’s most important shale law decisions. 422 more words

Fayette County, West Virginia, Wastewater Storage & Injection Ban Overturned

Earlier this summer, Fayette County, West Virginia, learned what many other local governments have already come to know: local bans on state and federally-regulated oil and gas activity are, in most cases and jurisdictions, unenforceable. 371 more words

American Hotel & Lodging Assn. v. City of Los Angeles

Los Angeles ordinance setting $15.75 minimum hourly wage is not pre-empted by the National Labor Relations Act.  The NLRA does not preempt state or local laws that prescribe minimum labor standards, though it does preempt laws that interfere with the collective bargaining process.  29 more words

Labor & Employment

Update: Activists Hostile to Domestic Energy Development Fail in Colorado Ballot Initiative Effort

In an August 26, 2016 Washington Legal Foundation Legal Backgrounder, Fighting the Frack Attack: The State of State Preemption Efforts, Kelley, Drye & Warren LLP attorneys Wayne D’Angelo and Travis Cushman document how the highest courts in four states have addressed local government limits on highly successful oil and gas extraction methods, such as hydraulic fracturing and horizontal drilling. 185 more words

Environmental Law & Regulation

Update: FCC Declines Appeal of Sixth Circuit Loss in Municipal Broadband Preemption Case

The Federal Communications Commission (FCC) announced on August 29 that it will not be appealing its loss in the US Court of Appeals for the Sixth Circuit in… 248 more words

Regulation Of Free Enterprise

Sixth Circuit Protects Federalism from an Overreaching Federal Communications Commission

Guest Commentary

By Arielle Roth and Harold Furchtgott-Roth, The Hudson Institute*

With the U.S. Court of Appeals for the DC Circuit granting it unprecedented authority over broadband companies in its June 14, 2016… 615 more words

Regulation Of Free Enterprise