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Posted 12 Mar 2025 in Business Written by: Erich Eiselt

Inaugurated in 2023, the Charles W. Thompson, Jr. Local Government Law Scholarships are competitive awards intended to recognize rising 2Ls and 3Ls with demonstrated interest and accomplishment in the study of municipal law. All candidates submit written expressions of interest, law school transcripts, and letters of recommendation. In addition, those seeking the larger $5,000 scholarship were required to submit an original work relating to local government law. We were fortunate to receive a significant number of outstanding applications from law students...

Posted 05 Mar 2025 in Case Notes, Commentary Written by: Amanda Karras

Yesterday, in San Francisco v. EPA, in a win for local governments, the Supreme Court held that the EPA is not authorized to impose “end result” provisions in National Pollutant Discharge Elimination System (NPDES) permits and instead it is the EPA’s responsibility to “determin[e] what steps a permittee must take to ensure that water quality standards are met.”  This case helps ensure local governments understand their obligations under the Clean Water Act (CWA).  It will also allow them take advantage...

Posted 28 Feb 2025 in Commentary Written by: Deanna Shahnami

IMLA celebrates Black History Month! For every month of the year, IMLA continues to advocate and support racial equity programs and inclusive legislation that protect and support BIPOC and LGBTQIA+ communities across the United States and Canada. February is a month of celebration and recognition of the achievements of our own members in their legal careers and are exemplary local government attorneys and individuals in their own communities.  Nominated by their peers, we would like to recognize the following individuals and...

Posted 25 Feb 2025 in Case Notes, Commentary Written by: Amanda Karras

Today, in Lackey v. Stinnie, the Supreme Court held that a party does not “prevail” under 42 U.S.C. § 1988 for the purposes of attorney’s fees based on obtaining a preliminary injunction, even if the defendant’s conduct later moots the case.  This case was a win for local governments as attorney’s fees awards can be significant and a contrary result would undermine the public fisc. In this case, a group of Virginia drivers whose licenses were suspended due to their failure...

Posted 15 Jan 2025 in Case Notes, Commentary Written by: Amanda Karras

In a victory for local governments, the Supreme Court held that to prove that an exemption to the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements apply, an employer need only do so by a preponderance of the evidence rather than a more demanding clear and convincing evidence standard. Generally, the FLSA provides that employers must pay minimum wage and overtime pay at a rate of time and a half for work done above 40 hours per week.   There...

Posted 16 Oct 2024 in Business Written by: Caroline Storer

IMLA confirms Jeffrey Dana as IMLA President from September 29, 2024 to October 21, 2025. IMLA confirms Jeffrey Dana as IMLA President from September 29, 2024 – October 21, 2025. In a business meeting held on September 29, 2024, in Orlando, Florida, IMLA confirmed the nomination of Jeffrey Dana of Providence, Rhode Island to be President of IMLA. Jeff has been City Solicitor for the City of Providence, Rhode Island since March 2015. Prior to serving as the Solicitor, he was in private...

Posted 13 Sep 2024 in Business Written by: Avery Morris

On September 26th and 27th during our 89th Annual Conference in Orlando, Florida, IMLA was able to announce and recognize our 2024 award winners. These award winners are IMLA members who have gone above and beyond the field of municipal law and were nominated by their colleagues to receive these awards.   The Charles S. Rhyne Lifetime Achievement In Municipal Law Award The Lifetime Achievement in Municipal Law Award is the highest award given by IMLA. The award honors the recipient’s lifetime achievements...

Posted 09 Jul 2024 in Case Notes, Commentary Written by: Amanda Karras

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984) in a case that will have far-reaching implications for the federal administrative state.  In doing so, the majority invoked Marbury v. Madison’s pronouncement that it is “emphatically the province and duty of the judicial department to say what the law is.”  As far as the rationale, the Court concluded that Chevron violated the Administrative Procedure Act (APA) and...

Posted 28 Jun 2024 in Case Notes, Commentary Written by: Amanda Karras

Today in Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishment Clause does not prohibit the enforcement of generally applicable laws regulating camping on public property.  The Court explained the “Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest … [the] rights and responsibilities from the American people” to decide “how best to handle a pressing social question like homelessness” and “in their place dictate this...

Posted 20 Jun 2024 in Case Notes, Commentary Written by: Amanda Karras

Today, in a short per curiam (unauthored) opinion the Supreme Court decided Gonzalez v. Trevino, offering guidance as to how a plaintiff may prove a retaliatory arrest claim even where probable cause existed for the arrest.  The decision follows the Court’s 2019 decision in Nieves v. Bartlett where the Court held that although a plaintiff must generally plead and prove the absence or probable cause to bring a First Amendment retaliation claim, that rule was subject to a “narrow qualification”...