Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.
Minnesota Sands, LLC v. Winona, Minnesota, County of
Minnesota's high court upheld an appellate court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued the ordinance violated the dormant Commerce Clause by discriminating against its business. The hi...
United States v. California
A district court denied summary judgment to the U.S. government in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement violated the Treaty Clause of the U.S. Constitution because it was binding and "confederat[ed] the laws of the two jurisdictio...
The Meat of the Matter: Shoring Up Animal Agriculture at the Expense of Consumers, Animals, and the Environment
This Article analyzes the recent proliferation of “tag-gag” laws aimed at undermining the emerging plantbased and cell-based food industries. It examines potential constitutional challenges to these laws, including those based on the First Amendment, the dormant Commerce Clause, Supremacy Clause, and Due Process Clause, as well as the likely arguments that states will proffer in their defense. It concludes with a discussion of the consequences and implications of various outcomes of these cases, and how animal advocates can responsibly bring these types of constitutional challenges.
Downstream Addicks and Barker (Texas) Flood-Control Reservoirs
The Court of Federal Claims held that the U.S. government was not liable for the flooding of homes near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners downstream of the dams argued that the government flooded their lands by opening the dams' ...
State Preemption of Local Government: The Philadelphia Story
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 to the City. As City attorneys, our perspective is based in our role as advocates for the preservation and defense of the City’s exercise of its home rule powers. In considering the city-state relationship, many of the practical, political and cultural issues addressed in Prof. Richard C.