September 12, 2017

The Athens Messenger, Dick McGinn, September 11, 2017- As reported in The Messenger (“Groups weigh in on Athens County charter dispute” 9/7/17), several state-level organizations have submitted amicus curiae (“friends of the court”) briefs to the Ohio Supreme Court supporting the Athens County Board of Elections’ decision to refuse to …

September 7, 2017

JD Supra, Anthony Cavender, September 6, 2017- In the case of EQT Production Company v. Wender, et al., on August 30, the U.S. Court of Appeals for the Fourth Circuit affirmed, in a 2-1 ruling, the lower court’s decision that a West Virginia county’s ordinance effectively barring the operation of a …

September 7, 2017

JD Supra, Walter Wright & Allison Tschiemer, September 6, 2017- The United States Court of Appeals for the First Circuit (“Court”) addressed whether two Puert Rican municipalities could prohibit the beneficial use and disposal of coal ash (also known as Coal Combustion Residuals [“CCR”] within their borders. See AES Puerto Rico, L.P. …

September 5, 2017

Duluth News Tribune, Jamie Harvie, September 2, 2017- In June, under pressure from the Minnesota Grocers Association and the Plastic Bag Alliance, Minnesota lawmakers enacted preemption legislation, which took away local control, preventing any community in Minnesota from passing laws to phase out single-use plastic bags. The presumption that Duluth …

August 1, 2017

Lexology, Meredith L Hiller, July 31, 2017- For the third time in the past month, a federal court has upheld a state program to pursue support for clean energy, including renewable energy certificates (RECs), and zero emission credits (ZECs) in New York and Illinois. The courts appear to be implementing …