Supreme Court Report: Volume 30, Issue 12
Volume 30, Issue 12 This Report summarizes opinions issued on May 25 and June 1, 2023 (Part I); and cases granted review on June 5, 2023 (Part II). Part I: Opinions Sackett v. Environmental Protection Agency, 21-454. By a 5-4 vote, the Court held that the Clean Water Act (CWA) covers wetlands only when they…
The Uniform Law Commission Seeks Input for Study Committee on Cybercrime
While the Uniform Law Commission (ULC) is best known for drafting and enacting uniform state laws dealing with commercial transactions, real property, family, and trust and estates law, it has also focused on criminal law statutes in areas where uniformity is important and practicable. Recently, the ULC has drafted and enacted the Uniform Pretrial Release…
Minnesota Attorney General CID to Political Action Committee Not Preempted
Earlier this year, the U.S. Court of Appeals for the Eighth Circuit upheld the Minnesota Attorney General’s authority to investigate potential consumer violations by a federal political action committee (PAC), finding that Minnesota law was not preempted by the Federal Election Campaign Act (FECA). WinRed v. Ellison, No. 22-1238 (8th Cir. Feb. 7, 2023). WinRed…
New Jersey Attorney General Relationship to County Prosecutors and the Open Public Records Act
In the context of an open records lawsuit filed by the ACLU against the County Prosecutors Association of New Jersey (CPANJ), the New Jersey Superior Court analyzed the relationship between the attorney general of New Jersey and the county prosecutors to determine whether CPANJ was a public entity. ACLU v. County Prosecutors Ass’n, 2022 N.J….
Pennsylvania Attorney General May Take Litigation Position Different from State Agency, Ethics Rules Apply
In Synthes USA HQ Inc. v. Commonwealth, 2023 LEXIS 230, (Mar. 22, 2023), Pennsylvania’s Supreme court affirmed the authority of the Pennsylvania attorney general to take a position in litigation different from that of a state agency, while also providing a rare analysis of the application of attorney ethics rules to attorney general practice. The…
Supreme Court Report: Volume 30, Issue 11
Volume 30, Issue 11 This Report summarizes opinions issued on May 18, 2023 (Part I); and cases granted review on May 15, 2023 (Part II). Part I: Opinions Twitter, Inc. v. Taamneh, 21-1496. The Court unanimously held that Facebook, Twitter, and Google are not liable under 18 U.S.C. §2333(d)(2) to victims of an ISIS…
Rosenblum v. Living Essentials: A Victory for Oregon Consumers
On May 5, 2023, the Oregon Supreme Court issued a significant opinion affirming the Attorney General’s authority under Oregon’s Unlawful Trade Practices Act (UTPA) to take enforcement action against false and misleading marketing. State ex rel. Rosenblum v. Living Essentials, LLC, 371 Or. 23 (2023). The case is a long-running action against Living Essentials, makers…
Attorneys General Call on Congress to Pass the Combating Illicit Xylazine Act
A bipartisan coalition of 39 state and territory attorneys general called on leaders of Congress to pass the Combating Illicit Xylazine Act (H.R.1839/S.993). Xylazine is only approved by the U.S. Food and Drug Administration (FDA) as a veterinary medicine and in humans, it is known to depress breathing and heart rate, lower blood pressure, and…
Attorneys General Call on Congress to Pass the Combating Illicit Xylazine Act
Washington, D.C. – The National Association of Attorneys General (NAAG) today sent a letter on behalf of a bipartisan group of 39 state and territory attorneys general calling on Congressional leadership to pass the Combating Illicit Xylazine Act (H.R.1839/S.993). This Act would provide critical measures to combat the widespread illicit use and trafficking of xylazine…
Supreme Court Report: Volume 30, Issue 10
Volume 30, Issue 10 This Report summarizes opinions issued on May 11, 2023 (Part I). The Supreme Court Report is published biweekly during the U.S. Supreme Court Term by the NAAG Center for Supreme Court Advocacy. Part I: Opinions National Pork Producers Council v. Ross, 21-468. The Court affirmed a Ninth Circuit ruling that challengers to…
