Can New York City Ban the Sale of Foie Gras?
New York City and New York state are locked in a battle over sale of the fatty liver delicacy.
Preemption
The New York Times Thinks Preempting Local Control Is Bad—When Republicans Do It
The paper's editorial board is happy to endorse the centralization of decision making when it supports their liberal policy preferences.
Ninth Circuit Rules Berkeley Gas Hookup Ban Is Preempted
A local California ordinance prohibiting natural gas hookups in new construction conflicts with federal law according to a federal appellate court.
Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated)
The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.
Third Circuit Rejects Oil Company Efforts to Remove Climate Claims to Federal Court
Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. Will their luck change in the Supreme Court?
The Next Abortion Battlegrounds
The Supreme Court may have overturned Roe v. Wade, but it has not ended legal battles over abortion.
Why State Common Law Nuisance Claims Against Fossil Fuel Companies Are Not Preempted
Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.