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National
How Red States Are Steamrolling Blue Cities
The Washington Monthly, 12/4/2019
The Florida Legislature is strongly opposed to gun control. Even in the aftermath of the shooting in Parkland, state legislators opposed strict restrictions on the sale and use of firearms. But there’s another kind of control that they do believe in: the control of gun control.
In 1987, Florida passed a bill that prohibits localities from enacting their own gun ordinances. This was an act of “preemption”—the name for when a higher level of government, like a state, withdraws or limits the authority of a lower level government, like a city or town…
Old preemption gave deference to judicial determination. It respected citizen initiative and the role of local governance. It allowed municipalities to work with states in pursuit of the right regional policies. That has all vanished. Now, preemption “is being used as a blunt instrument to destroy local democracy,” said Mark Pertschuk, director of Grassroots Change and Preemption Watch. [Emphasis added]
Nutrition
Eliminating Food Deserts Won’t Help Poorer Americans Eat Healthier — Here’s What Will
NextCity.org, 12/3/2019
[W]e would recommend tweaking prices as a better approach to encouraging healthier habits. Taxes on sugary drinks can discourage their consumption, while food-stamp programs could be modified to make fruits and vegetables cheaper…
Health inequality is one of our society’s most important problems. We hope that this research can direct efforts toward ideas that can materially improve health — and away from ideas that do not.
Note: This research report adds to the growing body of evidence that substantial local soda taxes, with the revenues reinvested to benefit the community, are among the most effective policies to address health inequality – which is the reason that the soda industry’s highest priority is preempting grassroots soda tax movements, especially in states like California that have historically led the nation in adopting real solutions to public health problems.
Plastic Bags & Other Disposable Containers
Opinion
Kickstart: Ban battles in Ohio and Hawaii
DON LOEPP, Editor, Plastics News, 12/6/2019
There's been a battle in Ohio, one of the top states for plastics industry employment, over the issue of preemption laws.
A few Ohio cities and counties have passed plastic bag bans, but the Republican-controlled legislature is pushing a law that would prevent local bans. This story probably sounds familiar, because it's a debate that's been playing out in states around the country.
But a surprise twist came this week, when GOP Gov. Mike DeWine said he doesn't think the state should interfere with local bag bans.
"I think this would be a mistake. I think the state government should allow local communities to do what they think is best in regard to this area," DeWine told the Statehouse News Bureau. [Emphasis added]
Broadband & Wireless
The Promise Of 5G Comes With A Regulatory Headache And Health Risk Concerns
WAMU.org, 12/7/2019
There’s a battle playing out between state and local governments over who should be allowed to regulate 5G — the new mobile technology that will hasten internet data speeds.
Climate Change & the Natural Environment
AG Donovan joins lawsuit to preserve California’s advanced clean car standards
VTDigger.org, 11/20/2019
MONTPELIER – Attorney General T.J. Donovan joined a coalition of states to file a lawsuit opposing the Environmental Protection Agency’s (EPA) attempt to revoke portions of a waiver it previously granted to the State of California permitting the state to implement its greenhouse gas (GHG) and zero emission vehicle (ZEV) standards. Today’s action, filed in the D.C. Circuit Court of Appeals, is part of the states’ ongoing fight to protect California’s Advanced Clean Car Standards. The California standards, which are more protective than those established by the federal government, are followed, in whole or in part, by 13 other states – including Vermont. They are a key part of state-level efforts to protect public health, clean air, and the environment.
California
California officials side with marijuana company in new fight over home deliveries
Los Angeles Times, 11/26/2019
Earlier this month, Atty. Gen. Xavier Becerra filed a motion on behalf of the California Bureau of Cannabis Control to join a lawsuit by Salinas-based East of Eden Cannabis Co. against Santa Cruz County, which has banned deliveries by companies it has not licensed.
The legal action comes as a group of cities is challenging California’s home delivery rules in Fresno County Superior Court, arguing that state law allows them to decide whether businesses can sell pot in their communities. In January, the Bureau of Cannabis Control issued regulations that permit firms it licenses to deliver marijuana to homes anywhere in the state, including in cities and counties that have banned pot shops.
Celebrating Five Years of Berkeley's Soda Tax
Voices for Healthy Kids, 12/4/2019
In 2014, Berkeley, California became the first city in the U.S. to implement a tax on sugary drinks, with 76% of voters approving of the ballot measure. In celebration of the fifth anniversary of the ballot measure, the Praxis Project (a member of the Voices for Healthy Kids Strategic Advisory Committee) released a video that shows the city's investments from the tax.
Colorado
Colorado’s Broomfield Extends Drilling Moratorium to June, Rankling Energy Industry
NaturalGasIntel.com, 12/5/2019
A persistent advocate for local control over oil and natural gas development, officials in Broomfield, CO, on Tuesday extended a moratorium on new drilling for another six months.
Broomfield extends temporary oil and gas moratorium
The Gazette, 12/4/2019
Florida
DeSantis hears 'sirens at night ' — says it's up to locals to solve Tallahassee gun violence
Tallahassee Democrat, 12/4/2019
Since 1987, Florida has prevented cities from passing regulations that are stricter than the state firearms [laws]. DeSantis filed motions in support of the preemption.
NRA, local governments square off on gun law
The Gainesville Sun, 12/4/2019
Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws, and the penalties in the 2011 law were designed to strengthen that “preemption.” The law, for example, could lead to local officials facing $5,000 fines and potential removal from office for passing gun regulations.
Senate renews push for single-use plastic bag ban
South Coast Today, 11/21/2019
The Senate bill forbids communities from imposing any additional limitations beyond those included in the legislation.
“The bill that was sent to the House did not have the fee, and it also had preemption for any current city policies,” Eldridge said. “This bill has preemption, but only for anything that’s above what this bill does, so that creates a state uniform policy.”
Florida House ‘assault weapons’ ban bill filed, Senate companion coming soon
The Center Square, 11/15/2019
SB 134/HB 6009, companion Senate-House bills filed by Sen. Annette Taddeo, D-Miami, and Rep. Dan Daley, D-Sunrise, seeking to repeal a 1987 preemption law that prohibits local governments from adopting gun regulations more restrictive than the state’s.
Massachusetts
Senate passes Plastic Bag Ban Bill
CommunityAdvocate.com, 12/3/2019
To provide consistency for retailers across the state, the bill would preempt existing plastic bag bans already implemented in cities and towns. In addition, the ban would continue to allow for plastic bags for specific products where plastic serves an enhanced purpose, such as for produce, poultry or other food items to keep them fresh, or for frozen items or items prone to leak, for example.
Massachusetts one step closer to statewide plastic bag ban
WCVB.com, 11/21/2019
More than 100 Massachusetts cities and towns have already passed local laws banning plastic bags.
The Senate bill would preempt existing local plastic bag bans already implemented in cities and towns.
State Senate Plans Plastic Bag Ban
WGBH.org, 11/18/2019
The upper chamber's Ways and Means Committee will release a bill Monday morning that would ban single-use plastic shopping bags at store checkouts statewide and would preempt any plastic bag regulations already in place at the municipal level, such as Boston's local ordinance.
Fernandes goes to bat for local control of pesticides
Martha’s Vineyard Times, 11/13/2019
State Rep. Dylan Fernandes, D-Falmouth, who represents the Island in the House of Representatives, testified on a bill he filed to regulate pesticides and give local towns a say in what’s used.
Michigan
Legislative Action
Huron Daily Tribune, 12/9/2019
Preempt local knife regulations — House Bill 5286
Introduced by Rep. Steven Johnson (R) on December 4, 2019
To preempt local government ordinances or rules on the transportation, possession, carrying, sale, purchase, manufacturing, etc. of a knife or knife-making components. A similar preemption restricts local gun regulations.
Court rejects Nestle plan for bottled water pump building
Star-Tribune, 12/3/2019
Nestle contended Osceola Township's denial of its zoning permit was a backdoor means of preventing the company from stepping up withdrawals from its well, contrary to state law. But the appeals panel said there was no proof of that.
"Ultimately, the township is attempting to enforce its zoning ordinances," according to the opinion by Judges Cynthia Stephens, Deborah Servitto and Amy Krause. "Enforcing a zoning ordinance is neither exceptional nor forbidden."
Pro-gun group files suit over Eastpointe's gun law
Iosco County News-Herald, 12/2/2019
A Michigan gun rights organization Monday filed a lawsuit against the City of Eastpointe over an ordinance that bans storage of a firearm in an unlocked motor vehicle…
The ordinance directly violates a firearms preemption law in the Michigan Constitution, according to Michigan Gun Owners attorney, James Makowski.
House OKs gun law pre-emption, fine for CPL violation
Valliant News, 11/19/2019
Lansing — The Republican-controlled state House passed two new gun measures Wednesday that would stop local governments from adopting ordinances stricter than state gun laws and impose a civil fine instead of the current felony charge for those carrying expired concealed pistol licenses.
Minnesota
Nickel per single-use store bag approved by Minneapolis City Council
Brainerd Dispatch, 11/22/2019
Passing the bag ban was easy; the council approved it 10-3. But a year later, just before the ordinance was to take effect, the Minnesota Legislature — then controlled by Republicans — banned cities from banning bags. DFL Gov. Mark Dayton said he didn’t like the preemption measure, but still approved it because it was tucked into a jobs bill.
Missouri
Opinion
Pokin Around: I thought we liked local control over local issues; just not with CAFOs?
Steve Pokin, Springfield News-Leader, 12/7/2019
Dixon explained in November that he would not ask the commission to vote on a non-binding resolution criticizing a new state law on concentrated area feeding operations (CAFOs) because he didn't want to upset the Republican lawmakers from Greene County who voted for it…
The law says that no local governmental body, including and most importantly counties, can have tighter controls on CAFO operations than the state of Missouri.
County Commission Should Not Give Up Local Control, Local Zoning
eMissourian.com, 11/21/2019
[O]f the 42 different types of land uses in the new District “W,” which is about 90 percent of the county, an entity could build a utility waste landfill or industrial animal farm, without a public hearing and with no local restrictions that would protect neighbors and adjacent businesses.
Montana
Opinion
Montana Supreme Court Rules Unanimously in Favor of Gun Rights
NRA, 11/10/2019
The Montana Supreme Court voted unanimously Oct. 22 to reverse a district judge’s decision to uphold extreme gun-control measures in Missoula, Mont.
The Missoula City Council passed an ordinance in 2016 that criminalized virtually all private firearms transfers in the city by requiring a background check for the sale or transfer of every firearm, including purchases at gun shows.
Nevada
Fake guns banned in downtown Las Vegas district, but real guns OK
Las Vegas Review-Journal, 11/20/2019
Local policymakers do not have regulatory authority over real firearms — an issue left to state lawmakers.
Don Turner, president of the Nevada Firearms Coalition, said the reason that local governments may even regulate fake guns is because an actual firearm is well-defined in state statute, and “that’s how they skirt the state pre-emption law.”
Ohio
Ohio House passes ban on plastic bag bans
Columbus Dispatch, 12/11/2019
The Ohio House again has waded into local decision making, forbidding cities and counties from imposing bans on the use of plastic bags by grocery stores, restaurants and other retailers.
Ohio regulations prompt changes to Oberlin gun ordinances
The Morning Journal, 12/6/2019
The city of Oberlin is looking at repealing local gun ordinances due to updated regulations under Ohio Revised Code.
Oberlin Law Director Jon Clark wrote a Nov. 27 memo to City Council outlining the necessity to repeal additional references to firearms.
“Earlier this year, Section 9.68 was amended," Clark wrote. "While poorly drafted, the amendments expand upon state legislature’s preemption of the ability of local governments to regulate firearms in any manner.”
Opinion
HOME RULE THREATENED [Letter to the Editor]
geaugamapleleaf.com, 12/2/2019
Ohio legislators are preparing to vote on bills that would prohibit local governments in establishing ordinances that make sense for their communities. Known as “home rule,” this has been a long standing approach that local communities “know best” what works in their area.
Unfortunately, large corporate donors are pressuring some Ohio legislators to eliminate local control. Specifically, HB 242 in the Ohio House and SB 222 are bills that would prohibit local control over single-use plastic bags.
Pennsylvania
City Council passes new gun regulation in spite of state's preemption law
Philadelphia Tribune, 11/14/2019
Philadelphia City Council passed a new gun regulation on Thursday that will no doubt face a legal challenge at the state level if Mayor Jim Kenney signs it.
The legislation would establish a court process to temporarily remove firearms from individuals who pose an imminent threat to themselves or the public — commonly known as a “red flag” law.
South Carolina
Opinion
SC Attorney General Demands Democrat Mayor Repeal Gun Control
Breitbart.com, 12/4/2019
South Carolina Attorney General Alan Wilson is demanding that Columbia Mayor Stephen Benjamin (D) repeal city-level gun controls instituted despite the state’s firearm preemption law.
Texas
Officials advocate for local control
Cleburne Times-Review, 11/24/2019
Texas House Speaker Dennis Bonnen-R’s October announcement that he will not seek re-election last year did little to quell Johnson County Commissioner Rick Bailey’s concerns.
“No, because I don’t trust the guy not to try to run again,” Bailey said. “He may not. But he may also be thinking that by keeping quiet for a while he’ll get forgiveness from the inner Austin circle and that the local leaders in the rest of Texas will forget about him.
“Even if he doesn’t run our lieutenant governor and governor are as adamant as [Bonnen] on local control and other issues adversely affecting Texas counties and cities. So either way, local governments are still going to face a lot of issues and challenges in the next legislative session.”
Five years later: Denton's epic battle to ban fracking and keep local control
Denton Record-Chronicle, 11/2/2019
Frustrated by years of industry maneuvers around zoning powers, residents became activists. They wrote a citizens referendum that tapped the city’s police powers in public health and safety to ban hydraulic fracturing. Voters made it local law on Nov. 4, 2014.
Mineral owners, operators and related businesses would have none of it. The state and the industry sued Denton. Then, in one fell swoop, the Texas Legislature passed a law undoing Denton’s vote and putting an end to most local rules for urban drillers. [Emphasis added]
Vermont
AG says state must act on tax and reg (Marijuana regulation)
Vermont Digger (vtdigger.org), 12/6/2019
Massachusetts has a very strong local control option, which gives towns the power to decide whether to allow [marijuana] sales or not. Vermont lawmakers are considering how much control towns should have. Conroy said that in his view Massachusetts has “too much local control.”
Washington
2020 gun control agenda targets limits on high-capacity magazines
MyNorthwest.com, 11/22/2019
The 12-point agenda is thorough, including goals to regulate access to ammunition and high-capacity magazines, “address the intersection of alcohol and firearm violence,” allow local governments to enact stricter gun control, create a centralized background check system, and more.
Opinion
Tacoma Gun & Ammunition Tax Passes City Council Unanimously
Ammoland.com, 11/15/2019
U.S.A. –-(Ammoland.com)- On 12 November 2019, the Tacoma City Council passed its controversial tax on guns and ammunition. The tax is based on a similar tax in Seattle. The vote was unanimous, 8-0. 112 people were reported to have spoken on the issue.
To an ordinary reader, the tax would seem to violate the Washington State preemption law. The Washington Supreme Court held differently in 2017. It voted that a tax was not a regulation.
Tacoma, Washington Gun Tax Based on False Premises
Ammoland.com, 11/11/2019
When Seattle imposed a tax on guns and ammunition, the Washington Supreme Court has held a tax on guns is not a regulation of guns. It upheld the ability of cities to tax guns and ammunition in 2017. The Washington Supreme Court can not be counted on to protect the Citizens of Tacoma from the gun tax.
How Red States Are Steamrolling Blue Cities
The Washington Monthly, 12/4/2019
The Florida Legislature is strongly opposed to gun control. Even in the aftermath of the shooting in Parkland, state legislators opposed strict restrictions on the sale and use of firearms. But there’s another kind of control that they do believe in: the control of gun control.
In 1987, Florida passed a bill that prohibits localities from enacting their own gun ordinances. This was an act of “preemption”—the name for when a higher level of government, like a state, withdraws or limits the authority of a lower level government, like a city or town…
Old preemption gave deference to judicial determination. It respected citizen initiative and the role of local governance. It allowed municipalities to work with states in pursuit of the right regional policies. That has all vanished. Now, preemption “is being used as a blunt instrument to destroy local democracy,” said Mark Pertschuk, director of Grassroots Change and Preemption Watch. [Emphasis added]
Nutrition
Eliminating Food Deserts Won’t Help Poorer Americans Eat Healthier — Here’s What Will
NextCity.org, 12/3/2019
[W]e would recommend tweaking prices as a better approach to encouraging healthier habits. Taxes on sugary drinks can discourage their consumption, while food-stamp programs could be modified to make fruits and vegetables cheaper…
Health inequality is one of our society’s most important problems. We hope that this research can direct efforts toward ideas that can materially improve health — and away from ideas that do not.
Note: This research report adds to the growing body of evidence that substantial local soda taxes, with the revenues reinvested to benefit the community, are among the most effective policies to address health inequality – which is the reason that the soda industry’s highest priority is preempting grassroots soda tax movements, especially in states like California that have historically led the nation in adopting real solutions to public health problems.
Plastic Bags & Other Disposable Containers
Opinion
Kickstart: Ban battles in Ohio and Hawaii
DON LOEPP, Editor, Plastics News, 12/6/2019
There's been a battle in Ohio, one of the top states for plastics industry employment, over the issue of preemption laws.
A few Ohio cities and counties have passed plastic bag bans, but the Republican-controlled legislature is pushing a law that would prevent local bans. This story probably sounds familiar, because it's a debate that's been playing out in states around the country.
But a surprise twist came this week, when GOP Gov. Mike DeWine said he doesn't think the state should interfere with local bag bans.
"I think this would be a mistake. I think the state government should allow local communities to do what they think is best in regard to this area," DeWine told the Statehouse News Bureau. [Emphasis added]
Broadband & Wireless
The Promise Of 5G Comes With A Regulatory Headache And Health Risk Concerns
WAMU.org, 12/7/2019
There’s a battle playing out between state and local governments over who should be allowed to regulate 5G — the new mobile technology that will hasten internet data speeds.
Climate Change & the Natural Environment
AG Donovan joins lawsuit to preserve California’s advanced clean car standards
VTDigger.org, 11/20/2019
MONTPELIER – Attorney General T.J. Donovan joined a coalition of states to file a lawsuit opposing the Environmental Protection Agency’s (EPA) attempt to revoke portions of a waiver it previously granted to the State of California permitting the state to implement its greenhouse gas (GHG) and zero emission vehicle (ZEV) standards. Today’s action, filed in the D.C. Circuit Court of Appeals, is part of the states’ ongoing fight to protect California’s Advanced Clean Car Standards. The California standards, which are more protective than those established by the federal government, are followed, in whole or in part, by 13 other states – including Vermont. They are a key part of state-level efforts to protect public health, clean air, and the environment.
California
California officials side with marijuana company in new fight over home deliveries
Los Angeles Times, 11/26/2019
Earlier this month, Atty. Gen. Xavier Becerra filed a motion on behalf of the California Bureau of Cannabis Control to join a lawsuit by Salinas-based East of Eden Cannabis Co. against Santa Cruz County, which has banned deliveries by companies it has not licensed.
The legal action comes as a group of cities is challenging California’s home delivery rules in Fresno County Superior Court, arguing that state law allows them to decide whether businesses can sell pot in their communities. In January, the Bureau of Cannabis Control issued regulations that permit firms it licenses to deliver marijuana to homes anywhere in the state, including in cities and counties that have banned pot shops.
Celebrating Five Years of Berkeley's Soda Tax
Voices for Healthy Kids, 12/4/2019
In 2014, Berkeley, California became the first city in the U.S. to implement a tax on sugary drinks, with 76% of voters approving of the ballot measure. In celebration of the fifth anniversary of the ballot measure, the Praxis Project (a member of the Voices for Healthy Kids Strategic Advisory Committee) released a video that shows the city's investments from the tax.
Colorado
Colorado’s Broomfield Extends Drilling Moratorium to June, Rankling Energy Industry
NaturalGasIntel.com, 12/5/2019
A persistent advocate for local control over oil and natural gas development, officials in Broomfield, CO, on Tuesday extended a moratorium on new drilling for another six months.
Broomfield extends temporary oil and gas moratorium
The Gazette, 12/4/2019
Florida
DeSantis hears 'sirens at night ' — says it's up to locals to solve Tallahassee gun violence
Tallahassee Democrat, 12/4/2019
Since 1987, Florida has prevented cities from passing regulations that are stricter than the state firearms [laws]. DeSantis filed motions in support of the preemption.
NRA, local governments square off on gun law
The Gainesville Sun, 12/4/2019
Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws, and the penalties in the 2011 law were designed to strengthen that “preemption.” The law, for example, could lead to local officials facing $5,000 fines and potential removal from office for passing gun regulations.
Senate renews push for single-use plastic bag ban
South Coast Today, 11/21/2019
The Senate bill forbids communities from imposing any additional limitations beyond those included in the legislation.
“The bill that was sent to the House did not have the fee, and it also had preemption for any current city policies,” Eldridge said. “This bill has preemption, but only for anything that’s above what this bill does, so that creates a state uniform policy.”
Florida House ‘assault weapons’ ban bill filed, Senate companion coming soon
The Center Square, 11/15/2019
SB 134/HB 6009, companion Senate-House bills filed by Sen. Annette Taddeo, D-Miami, and Rep. Dan Daley, D-Sunrise, seeking to repeal a 1987 preemption law that prohibits local governments from adopting gun regulations more restrictive than the state’s.
Massachusetts
Senate passes Plastic Bag Ban Bill
CommunityAdvocate.com, 12/3/2019
To provide consistency for retailers across the state, the bill would preempt existing plastic bag bans already implemented in cities and towns. In addition, the ban would continue to allow for plastic bags for specific products where plastic serves an enhanced purpose, such as for produce, poultry or other food items to keep them fresh, or for frozen items or items prone to leak, for example.
Massachusetts one step closer to statewide plastic bag ban
WCVB.com, 11/21/2019
More than 100 Massachusetts cities and towns have already passed local laws banning plastic bags.
The Senate bill would preempt existing local plastic bag bans already implemented in cities and towns.
State Senate Plans Plastic Bag Ban
WGBH.org, 11/18/2019
The upper chamber's Ways and Means Committee will release a bill Monday morning that would ban single-use plastic shopping bags at store checkouts statewide and would preempt any plastic bag regulations already in place at the municipal level, such as Boston's local ordinance.
Fernandes goes to bat for local control of pesticides
Martha’s Vineyard Times, 11/13/2019
State Rep. Dylan Fernandes, D-Falmouth, who represents the Island in the House of Representatives, testified on a bill he filed to regulate pesticides and give local towns a say in what’s used.
Michigan
Legislative Action
Huron Daily Tribune, 12/9/2019
Preempt local knife regulations — House Bill 5286
Introduced by Rep. Steven Johnson (R) on December 4, 2019
To preempt local government ordinances or rules on the transportation, possession, carrying, sale, purchase, manufacturing, etc. of a knife or knife-making components. A similar preemption restricts local gun regulations.
Court rejects Nestle plan for bottled water pump building
Star-Tribune, 12/3/2019
Nestle contended Osceola Township's denial of its zoning permit was a backdoor means of preventing the company from stepping up withdrawals from its well, contrary to state law. But the appeals panel said there was no proof of that.
"Ultimately, the township is attempting to enforce its zoning ordinances," according to the opinion by Judges Cynthia Stephens, Deborah Servitto and Amy Krause. "Enforcing a zoning ordinance is neither exceptional nor forbidden."
Pro-gun group files suit over Eastpointe's gun law
Iosco County News-Herald, 12/2/2019
A Michigan gun rights organization Monday filed a lawsuit against the City of Eastpointe over an ordinance that bans storage of a firearm in an unlocked motor vehicle…
The ordinance directly violates a firearms preemption law in the Michigan Constitution, according to Michigan Gun Owners attorney, James Makowski.
House OKs gun law pre-emption, fine for CPL violation
Valliant News, 11/19/2019
Lansing — The Republican-controlled state House passed two new gun measures Wednesday that would stop local governments from adopting ordinances stricter than state gun laws and impose a civil fine instead of the current felony charge for those carrying expired concealed pistol licenses.
Minnesota
Nickel per single-use store bag approved by Minneapolis City Council
Brainerd Dispatch, 11/22/2019
Passing the bag ban was easy; the council approved it 10-3. But a year later, just before the ordinance was to take effect, the Minnesota Legislature — then controlled by Republicans — banned cities from banning bags. DFL Gov. Mark Dayton said he didn’t like the preemption measure, but still approved it because it was tucked into a jobs bill.
Missouri
Opinion
Pokin Around: I thought we liked local control over local issues; just not with CAFOs?
Steve Pokin, Springfield News-Leader, 12/7/2019
Dixon explained in November that he would not ask the commission to vote on a non-binding resolution criticizing a new state law on concentrated area feeding operations (CAFOs) because he didn't want to upset the Republican lawmakers from Greene County who voted for it…
The law says that no local governmental body, including and most importantly counties, can have tighter controls on CAFO operations than the state of Missouri.
County Commission Should Not Give Up Local Control, Local Zoning
eMissourian.com, 11/21/2019
[O]f the 42 different types of land uses in the new District “W,” which is about 90 percent of the county, an entity could build a utility waste landfill or industrial animal farm, without a public hearing and with no local restrictions that would protect neighbors and adjacent businesses.
Montana
Opinion
Montana Supreme Court Rules Unanimously in Favor of Gun Rights
NRA, 11/10/2019
The Montana Supreme Court voted unanimously Oct. 22 to reverse a district judge’s decision to uphold extreme gun-control measures in Missoula, Mont.
The Missoula City Council passed an ordinance in 2016 that criminalized virtually all private firearms transfers in the city by requiring a background check for the sale or transfer of every firearm, including purchases at gun shows.
Nevada
Fake guns banned in downtown Las Vegas district, but real guns OK
Las Vegas Review-Journal, 11/20/2019
Local policymakers do not have regulatory authority over real firearms — an issue left to state lawmakers.
Don Turner, president of the Nevada Firearms Coalition, said the reason that local governments may even regulate fake guns is because an actual firearm is well-defined in state statute, and “that’s how they skirt the state pre-emption law.”
Ohio
Ohio House passes ban on plastic bag bans
Columbus Dispatch, 12/11/2019
The Ohio House again has waded into local decision making, forbidding cities and counties from imposing bans on the use of plastic bags by grocery stores, restaurants and other retailers.
Ohio regulations prompt changes to Oberlin gun ordinances
The Morning Journal, 12/6/2019
The city of Oberlin is looking at repealing local gun ordinances due to updated regulations under Ohio Revised Code.
Oberlin Law Director Jon Clark wrote a Nov. 27 memo to City Council outlining the necessity to repeal additional references to firearms.
“Earlier this year, Section 9.68 was amended," Clark wrote. "While poorly drafted, the amendments expand upon state legislature’s preemption of the ability of local governments to regulate firearms in any manner.”
Opinion
HOME RULE THREATENED [Letter to the Editor]
geaugamapleleaf.com, 12/2/2019
Ohio legislators are preparing to vote on bills that would prohibit local governments in establishing ordinances that make sense for their communities. Known as “home rule,” this has been a long standing approach that local communities “know best” what works in their area.
Unfortunately, large corporate donors are pressuring some Ohio legislators to eliminate local control. Specifically, HB 242 in the Ohio House and SB 222 are bills that would prohibit local control over single-use plastic bags.
Pennsylvania
City Council passes new gun regulation in spite of state's preemption law
Philadelphia Tribune, 11/14/2019
Philadelphia City Council passed a new gun regulation on Thursday that will no doubt face a legal challenge at the state level if Mayor Jim Kenney signs it.
The legislation would establish a court process to temporarily remove firearms from individuals who pose an imminent threat to themselves or the public — commonly known as a “red flag” law.
South Carolina
Opinion
SC Attorney General Demands Democrat Mayor Repeal Gun Control
Breitbart.com, 12/4/2019
South Carolina Attorney General Alan Wilson is demanding that Columbia Mayor Stephen Benjamin (D) repeal city-level gun controls instituted despite the state’s firearm preemption law.
Texas
Officials advocate for local control
Cleburne Times-Review, 11/24/2019
Texas House Speaker Dennis Bonnen-R’s October announcement that he will not seek re-election last year did little to quell Johnson County Commissioner Rick Bailey’s concerns.
“No, because I don’t trust the guy not to try to run again,” Bailey said. “He may not. But he may also be thinking that by keeping quiet for a while he’ll get forgiveness from the inner Austin circle and that the local leaders in the rest of Texas will forget about him.
“Even if he doesn’t run our lieutenant governor and governor are as adamant as [Bonnen] on local control and other issues adversely affecting Texas counties and cities. So either way, local governments are still going to face a lot of issues and challenges in the next legislative session.”
Five years later: Denton's epic battle to ban fracking and keep local control
Denton Record-Chronicle, 11/2/2019
Frustrated by years of industry maneuvers around zoning powers, residents became activists. They wrote a citizens referendum that tapped the city’s police powers in public health and safety to ban hydraulic fracturing. Voters made it local law on Nov. 4, 2014.
Mineral owners, operators and related businesses would have none of it. The state and the industry sued Denton. Then, in one fell swoop, the Texas Legislature passed a law undoing Denton’s vote and putting an end to most local rules for urban drillers. [Emphasis added]
Vermont
AG says state must act on tax and reg (Marijuana regulation)
Vermont Digger (vtdigger.org), 12/6/2019
Massachusetts has a very strong local control option, which gives towns the power to decide whether to allow [marijuana] sales or not. Vermont lawmakers are considering how much control towns should have. Conroy said that in his view Massachusetts has “too much local control.”
Washington
2020 gun control agenda targets limits on high-capacity magazines
MyNorthwest.com, 11/22/2019
The 12-point agenda is thorough, including goals to regulate access to ammunition and high-capacity magazines, “address the intersection of alcohol and firearm violence,” allow local governments to enact stricter gun control, create a centralized background check system, and more.
Opinion
Tacoma Gun & Ammunition Tax Passes City Council Unanimously
Ammoland.com, 11/15/2019
U.S.A. –-(Ammoland.com)- On 12 November 2019, the Tacoma City Council passed its controversial tax on guns and ammunition. The tax is based on a similar tax in Seattle. The vote was unanimous, 8-0. 112 people were reported to have spoken on the issue.
To an ordinary reader, the tax would seem to violate the Washington State preemption law. The Washington Supreme Court held differently in 2017. It voted that a tax was not a regulation.
Tacoma, Washington Gun Tax Based on False Premises
Ammoland.com, 11/11/2019
When Seattle imposed a tax on guns and ammunition, the Washington Supreme Court has held a tax on guns is not a regulation of guns. It upheld the ability of cities to tax guns and ammunition in 2017. The Washington Supreme Court can not be counted on to protect the Citizens of Tacoma from the gun tax.
