NACo Legal Advocacy: Perttu v. Richards

As one of the largest employers in the country, counties have a significant interest in cases like Ames v. Ohio Department of Youth Services (Ames v. Ohio) that could expand county liabilities as employers.

The question at hand in City of Seattle et al. v. Kia/Hyundai is whether or not the Federal Motor Vehicle Safety Standard preempts state tort claims brought forth by local governments alleging that Kia and Hyundai’s failure to install “reasonable” anti-theft technology constitutes negligence and public nuisance.

Perttu v. Richards has implications on the Prison Litigation Reform Act (PLRA) and could increase the amount of Section 1983 inmate-initiated cases against county jails that reach federal court, ultimately resulting in counties having to expend resources on frivolous lawsuits.  

McLaughlin Chiropractic Associates, Inc. V. McKesson Corporation could make it more difficult for counties to challenge FCC orders, many of which have taken steps to preempt and curtail local authority by limiting counties’ abilities to manage their own right of way and assess fair market value permitting and impact fees on providers seeking to construct, modify or extend telecommunications infrastructure in their communities. 

San Francisco v. Environmental Protection Agency (EPA) has implications for the ability of county governments that own and operate wastewater treatment facilities to comply with National Pollutant Discharge Elimination System (NPDES) permit requirements. 

Lackey v. Stinnie will impact the ability of state and local governments to avoid paying litigation fees in a civil rights case if they change their conduct (i.e. repeal a law) after a court has granted a preliminary injunction.

Garland v. VanDerStok has implications for the ability of county law enforcement to uphold public safety and investigate crimes involving ghost guns.

Stanley v. City of Sanford will impact the ability of county governments to balance budgets by reducing or eliminating post-employment benefits for disability retirees. 

EMD Sales, Inc. v. Carrera could make it more difficult for county governments to prove exemptions under the Fair Labor Standards Act (FLSA), which would increase the potential for costly litigation.

Federal Communications Commission, et al v. Consumers’ Research, et al. (FCC v. Consumers’ Research) could jeopardize what is known as the Universal Service Fund (USF). Through the USF, the FCC has provided billions of dollars to local governments and our residents, helping provide essential telecommunications and broadband services to unserved and underserved communities. FCC v. Consumers’ Research challenges the FCC’s legal authority behind the USF, putting multiple programs essential to equitable broadband deployment at risk.