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Preemption

2749981372_139a1cfd1d_k | "foie gras" by stu_spivack is licensed under CC BY-SA 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-sa/2.0/?ref=openverse.

Food

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.

Jonathan H. Adler |The Volokh Conspiracy | 8.28.2023 9:22 AM

Texas state house | Jiawangkun/Dreamstime.com

Local Government

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.

Christian Britschgi | 6.5.2023 2:05 PM

Energy & Environment

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.

Jonathan H. Adler |The Volokh Conspiracy | 4.18.2023 5:46 PM

Climate Change

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.

Jonathan H. Adler |The Volokh Conspiracy | 3.25.2023 11:05 AM

Climate Change

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?

Jonathan H. Adler |The Volokh Conspiracy | 8.17.2022 4:05 PM

Abortion

The Next Abortion Battlegrounds

The Supreme Court may have overturned Roe v. Wade, but it has not ended legal battles over abortion.

Jonathan H. Adler |The Volokh Conspiracy | 6.27.2022 10:11 AM

Climate Change

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.

Jonathan H. Adler |The Volokh Conspiracy | 10.27.2021 10:24 AM

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