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Tag: dormant commerce clause

November 02, 2018

Weekly litigation report — November 2, 2018

Knick to be reargued The court has ordered Knick v. Scott Township for reargument. In this order the Court has asked Ms. Knick to file a supplemental briefs by the end of the month with the town’s reply due just before Christmas. The issue the court is asking for more briefing on was raised in oral ...

June 07, 2017

Preliminary injunction sought against Wisconsin's artisanal butter ban

This morning PLF filed a motion for preliminary injunction in our challenge to Wisconsin’s artisanal butter ban. It has been nearly four months since Wisconsin first told our client, Minerva Dairy, that its Amish-churned butter was not welcome in the state. And, as near as we can tell, there’s little hope of regulatory reform coming fr ...

May 10, 2017

Federalism depends on courts stopping states from regulating beyond their borders

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer's challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant Commerce Clause, which forbids states from regulating or taxing activity beyond their bo ...

October 05, 2016

Tesla finally challenging Michigan's anti-competitive direct-sales ban in court

Rather than use independent dealerships, Tesla Motors has fought for years to sell its luxurious, electric vehicles directly to consumers through galleries owned and operated by Tesla. It should come as no surprise, then, that the car dealerships have teamed up in various state legislatures to keep Tesla out of their state unless Tesla agrees to ...

June 17, 2016

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet by a dam in the 1920s. GBI owned several acres of land that periodically flooded ...

June 15, 2016

Extraterritorial state laws are unconstitutional

This morning, a divided panel of the Eighth Circuit held that a Minnesota law regulating greenhouse gas emissions beyond the state’s borders is invalid. This is a welcome result. PLF, joined by NFIB, filed an amicus brief in the case, supporting the challenge, arguing that the Constitution’s Dormant Commerce Clause forbids extraterritor ...

November 20, 2015

President's weekly report — November 20, 2015

Mobile home park shakedown scheme challenged PLF attorneys filed this complaint this week in Jisser v. City of Palo Alto on behalf of a couple that would like to retire from the business of running a mobile home park but cannot do so unless they pay $8 million to buy our the current residents.  The ...

November 16, 2015

Like a good neighbor…: the Supreme Court must enforce limits on state regulation of interstate commerce

We’ve filed a brief in the Supreme Court, on behalf of PLF, the Cato Institute, National Federation of Independent Business Small Business Legal Center, and Reason Foundation, asking it to take up a case challenging state regulations of commerce occurring wholly beyond their borders. In this case, Colorado has adopted a law that regulates how ...

January 23, 2015

President's weekly report — January 23, 2015

Property Rights — New Jersey rejects takings claim The New Jersey Supreme Court issued this adverse ruling in Griepenburg v. Township of Ocean.  In that case the New Jersey Supreme Court held that a local government can zone a property in a manner to benefit everyone else but the property owners, and those property owners ...

January 23, 2015

Like a good neighbor…

In 2007, Minnesota passed a law to regulate emissions from power plants. But, because the increased costs of complying with this law would lead to more of the electricity consumed in the state to be generated elsewhere, Minnesota asserted the authority to regulate beyond its own borders. This week, PLF and the NFIB Small Business ...

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