Preemption

A New Texas Law Erodes the Power of City Councils

The long-sought bill stops the state’s bluer urban areas from enacting laws that exceed state law on a number of fronts. Republicans say the patchwork of local laws were hurting businesses.

  • By Joshua Fechter, The Texas Tribune

The Latest Republican State Laws Undercutting Democratic Cities

States have used preemption to undermine local authority on public school curriculum, LGBTQ civil rights, Covid-19 related health measures and voting rights, according to a new report.

  • By Daniela Altimari

In One State, a Threat to Freeze Property Taxes in Cities That ‘Defund’ Police

The proposal from Texas’ governor and other Republicans in the state comes in response to cuts and other changes that Austin made to its police budget.

  • By Bill Lucia

Amid Pandemic, A Call to Rebalance State and Local Power

As flare ups between states and localities over the coronavirus response get attention, one scholar says it may be a good time to reexamine the relationship between the two levels of government.

  • By Bill Lucia

Cities Take Lead on Coronavirus Response At Times, Leading to Friction With States

Debates over state and local authority could come into play going forward as government leaders decide on how to dial back restrictions and restart the economy.

  • By Bill Lucia

A Local Leader On Guard Against Preemption in a State That’s a Hotbed For It

“These legislators are doing things without even speaking to, or thinking about, local governments,” says the city commissioner.

  • By Bill Lucia

A New Look at How States Block Local Laws in Areas Ranging From Guns to Taxes

“This is a national preemption movement that is occurring,” says the CEO of the National League of Cities.

  • By Bill Lucia

State's Ban on Uranium Mining Upheld by U.S. Supreme Court

The Virginia case involved questions about legislative intent and the power states have under an atomic energy law.

  • By Bill Lucia

Mayors Eye Two-Pronged Attack on FCC’s Preemptive 5G Order

The latest effort is a new bill in Congress that would overturn the agency on its rule that strictly limits how much local governments can charge providers and how long officials can take to process applications.

  • By Dave Nyczepir

Austin's Paid Sick-Leave Law Scrapped by Court

A three-judge panel found the city ordinance essentially regulated workers’ wages, which Texas law mandates can only be done by the state.

  • By Laura Maggi

Washington Voters Approve Ban on Local Soda and Grocery Taxes

The initiative drew over $20 million of support from soft drink companies and others. A similar proposal in Oregon failed.

  • By Bill Lucia

Supreme Court Hears Arguments About Virginia’s Uranium Mining Ban

The case concerns whether the ban is prohibited by federal law.

  • By Bill Lucia
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Cities Release Their Own Broadband Model Code

While a federal committee struggles to reach consensus on a state broadband framework, the National League of Cities created its own, stressing local needs.

  • By Dave Nyczepir

FCC’s State Broadband Model Remains a Work in Progress

Local government representatives worry a new code will let wireless providers preempt localities.

  • By Dave Nyczepir

Report: Many Cities Are Not Equipped to Go It Alone in the Trump Era

Despite calls for local control, communities are only given a limited set of tools and are facing historic fiscal pressures. That could be a looming problem for many cities, according to a new report.

  • By Mitch Herckis

Local Plastic Bag Restrictions Get Trashed by Texas Supreme Court

The legal fight involved the city of Laredo and marks one of the latest battles over local government power in the Lone Star State.

  • By Bill Lucia

How Cities Can Respond When the State Legislature Says ‘No’

From defiance to exploiting legal loopholes, municipalities are trying everything to get around state preemption laws and maintain local authority.

  • By Dave Nyczepir

In Taking Up Climate Battle, Cities and States Shift the Debate

Some city leaders looking to lead on climate change policies, reducing emissions in their areas and tackling other environmental issues. But state preemption laws sometimes stand in their way.

  • By John Tomasic

States' Rights Advocates Look to Double Down on Supreme Court Sports Betting Win

On issues ranging from sanctuary cities to telecommunications, activists are betting big on the Supreme Court’s sports gambling decision.

  • By Mitch Herckis

Supreme Court Agrees to Hear Virginia Uranium Mining Case

A group of companies argues that Virginia's ban on mining for the radioactive metal runs afoul of federal law.

  • By Bill Lucia

Tracking State Preemption Just Got Easier

A new map from the Partnership for Working Families covers nine economic and racial justice issue areas where localities are being interfered with.

  • By Dave Nyczepir