In its amicus brief in Salt River Project Agricultural Improvement and Power District v. SolarCity, the State and Local Legal Center (SLLC) urges the Supreme Court to rule that a district court’s denial of state-action immunity to a state or local government is immediately appealable.

The state-action doctrine provides states and, in some instances, local governments immunity from federal antitrust liability.

In the mid-1800s Indian tribes in the Pacific Northwest entered into treaties guaranteeing them a right to off-reservation fishing. In Washington v. United States the Supreme Court will decide whether the “fishing clause” guarantees “that the number of fish would always be sufficient to provide a ‘moderate living’ to the tribes.”

The “fishing clause” of the Stevens Treaties guaranteed “the right of taking fish, at all usual and accustomed grounds and stations . . . in common with all citizens of the Territory.” In 2001 the United States and a number of tribes sued Washington State claiming that it violated the treaty by building culverts that prevented salmon for reproducing leading to the salmon supply significantly plummeting.

The Supreme Court held 5-4 in Artis v. District of Columbia that “tolled” under 28 U.S.C 1367(d) means suspended or that the clock is stopped. The State and Local Legal Center (SLLC) filed an amicus brief arguing in favor of a different definition of “tolled.” Justice Ginsburg cited to the SLLC brief once in her majority opinion. Justice Gorsuch cited to it or discussed it four times in his dissenting opinion.   

A year after the fact, Stephanie Artis sued the District of Columbia in federal district court bringing a number of federal and state law claims related to her termination as a health inspector. It took the federal court over two and a half years to rule on her claims. It dismissed her sole federal claim and declined to exercise jurisdiction over her remaining state law claims.

28 U.S.C 1367(d) states that statutes of limitations for state law claims pending in federal court shall be “tolled” for a period of 30 days after they are dismissed (unless state law provides a longer tolling period).

The House of Representatives is set to vote today on H.R. 3017, the “Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017.” The legislation, sponsored by Rep. David McKinley (R-W.Va.), reauthorizes the EPA’s brownfields program which expired in 2006.

A brownfield is “a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant,...

Jim Ogsbury, executive director of the Western Governors' Association, brought webinar participants up to speed on the creation of the Western Policy Network. The network is an effort by a number of western organizations to improve the state consultation process with the federal government. Pete Obermueller, executive director of the Wyoming County Commissioners Association, will focused how his organization has attempted to improve the state consultation process as it applies directly to the local government level.

In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission the Supreme Court will decide whether Colorado's public accommodations law, which prohibits discrimination on the basis of sexual orientation, violates a cake artist’s First Amendment free speech and free exercise rights. The State and Local Legal Center (SLLC) filed an amicus brief supporting Colorado arguing that the Court should not create an exception to Colorado’s public accommodations law for wedding businesses. 

According to the National Council of State Legislatures, 21 other states have public accommodations laws that prohibit discrimination based on sexual orientation. Numerous local governments have adopted similar ordinances.

The Speaker’s Task Force on Intergovernmental Affairs, a bipartisan group of Congressional lawmakers met on October 12, to examine the historical development of federalism. Witnesses were Heather Gerken, Dean at Yale Law School, Timothy Conlan, Professor of Government at George Mason University, and Matthew Spalding, Associate Vice President and Dean of Educational Programs for Hillsdale College.

When the federal government issues regulations or passes legislation without proper consultation with state leaders, state priorities may be adversely impacted and problems result. An active and lively federalism requires greater interaction and cooperation between federal policymakers and states to assure the state’s needs and goals are met. The Intergovernmental Affairs Committee will take an in-depth look at how states and the federal government work together during the policymaking process, and will examine what effective “consultation” should look like.

All eyes and ears were focused on Justice Kennedy during the Supreme Court’s oral argument in Gill v. Whitford. In this case the Court is asked to decide whether and when it is possible to bring a claim that partisan gerrymandering (redistricting to advantage one political party) is unconstitutional.

In the 2012 election, Republican candidates in Wisconsin received less than 49% of the statewide vote and won seats in more than 60% of the state’s assembly districts; and, in 2014, 52% of the vote yielded 63 seats for Republicans.

Defense policy insiders are warning that a new round of base closures and realignments may be inevitable.  For five consecutive years, Congress has rejected requests from the Department of Defense (DoD) for authority to shutter excess military installations.

Congress established the base realignment and closure, or BRAC, process to better confront the demands of a post-Cold War world, as well as reduce the costs of maintaining the nation’s military infrastructure.  The last BRAC round occurred in 2005. According to the most...

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