Topic
Commerce Clause
217 published works
SALT Shaker
Regressive but not repressive: Ohio Supreme Court upholds financial-institutions tax against dormant Commerce Clause challenge
The Ohio Supreme Court unanimously affirmed a Board of Tax Appeals decision upholding the tax commissioner’s denial of a bank’s refund claims, holding that Ohio’s financial-institutions tax (FIT) is internally…
GT SALT Watch
GeTtin’ SALTy Episode 85 | EPR Litigation Update: Oregon Court Upholds Packaging Law as Challenges Continue
By Nikki E. Dobay, Madeline Orlando
In GeTtin’ SALTy Episode 85, Nikki Dobay and Madeline Orlando discuss recent litigation involving state packaging extended producer responsibility laws and the potential implications for businesses subject to emerging EPR…
The Blunt Truth®
The Week in Weed: September 25, 2026
By Susan Ryan
Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana. This week, we look at cannabis and the dormant Commerce Clause.…
Kight on Cannabis
Federal Court Blocks Ohio Hemp Law on Commerce Clause Grounds
By Rod Kight
There is a big difference between establishing legitimate product standards and using marijuana laws to close a state market to federally lawful interstate hemp.
Administrative and Regulatory
Oregon's Extended Producer Responsibility Law Upheld Following Constitutional Challenges in <i>National Ass'n of Wholesale Distributers v. Feldon</I>
By K&L Gates
The first federal lawsuit addressing the constitutionality of a state extended producer responsibility (EPR) law has concluded in a decision upholding Oregon’s Plastic Pollution and Recycling Modernization Act (RMA). Following…
SALT Insights
Lessons from the Maryland Tax Court: Is the Fair Relation Test Having Its Moment?
By Stefi George, Dakota Newton
The U.S. Supreme Court’s seminal decision in Complete Auto Transit provides that a state tax satisfies the requirements of the Dormant Commerce Clause if the tax: Is applied to an…
Texas Agriculture Law Blog
August Monthly Round Up
As the summer draws to a close and students head back to school, the ag law developments continue around the country! Photo by Erin Minuskin on Unsplash * Hearing date…
GT SALT Watch
GeTtin’ SALTy Episode 82 | Maryland’s Digital Advertising Tax Struck Down: The Tax Court Weighs In After Six Years of Litigation
By Nikki E. Dobay, DeAndré Morrow
Nikki Dobay and guest DeAndré Morrow break down three landmark decisions issued by the Maryland Tax Court on Aug. 14 finding Maryland’s first-in-the-nation digital advertising tax unconstitutional on multiple grounds,…
Regulatory Oversight
17-State Coalition Sues California Over Plastics Packaging Law
By Troutman Pepper Locke State Attorneys General Team
Earlier this month, a coalition of 17 state attorneys general (AG) and the National Association of Wholesaler-Distributors filed a federal lawsuit challenging California’s Plastic Pollution Prevention and Packaging Producer Responsibility…
Libation Law Blog
Maryland’s Beer Delivery Case Shows Why “Employee Delivery” May Not Save Discriminatory Alcohol Shipping Laws
States defending local alcohol privileges often try to draft around the dormant Commerce Clause with a delivery distinction. They do not always write that only in-state breweries, wineries, or distilleries…