Announcements, information and updates from CWAG Members and Associates
April 11, 2019
HOT TOPICS
Articles on topics relevant to the work of Attorneys General around the nation.
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REGISTER TODAY!
The Student Debt Crisis: Lives On Hold
May 14, 2019 9:00 AM - 5:00 PM PDT
Portland, OR

Oregon Attorney General Ellen Rosenblum invites you to attend the Second National Symposium on the Student Debt Crisis. Please join us along with national leaders who are helping address and solve this serious crisis, followed by a reception. For questions or more info, contact Ellen.Klem@doj.state.or.us
2019 NAAG PRESIDENTIAL INITIATIVE SUMMIT
2019 NAAG Presidential Initiative Summit Registration Reminder!
 
Join Attorney General Landry in Lafayette, La. on April 25-26, 2019, for the Presidential Initiative Summit on Emergency and Crisis Management. The Presidential Initiative Summit will be a major milestone in Louisiana Attorney General Jeff Landry's presidential focus on emergency preparedness and response. It will bring together attorneys general and their government and private sector partners to exchange best practices, ideas, insights and experiences in coping with emergencies and disasters, both natural and man-made. Issues to be addressed include maintaining communications during a disaster, active shooter preparation and response, infrastructure issues, and best practices to ensure an attorney general office is prepared.

Hotel Information

NAAG's room block at the DoubleTree has now been exhausted. NAAG has contracted rooms at the Fairfield Inn which is in walking distance of the DoubleTree. Please  click here   for more information for booking a room at our overflow hotel.

Registration Information

Click here to register now.  For any questions, please contact Erika Rudiger .
CWAG SPRING DINNER
CWAG invites you to attend our 2019 Spring Dinner on Wednesday, April 24, 2019, in Lafayette, Louisiana, in conjunction with Louisiana Attorney General Jeff Landry’s NAAG Presidential Initiative Summit. Attorneys General and private sector supporters will join together for a highly personal and engaging dinner with approximately 15-20 Attorneys General at The DoubleTree Hotel.

The CWAG 2019 Spring Dinner begins with a reception for all attendees from 6:00pm – 7:00pm immediately followed by dinner from 7:00pm – 9:00pm at Drago's Seafood Restaurant in Lafayette, Louisiana.

If you need more information or if you have any questions, please contact meeting manager Ale Stephens at  astephens@cwagweb.org  or 303.304.9206.

 We hope to see you in Lafayette!
CONGRATLUATIONS
Timothy Shea Joins Attorney General Barr at U.S. Department of Justice

Timothy Shea, formerly a principle at Morgan Lewis & Brockius, has been appointed Counselor to the Attorney General, a position where he will assist Attorney General William P. Barr with civil and criminal matters, legal policy issues and management responsibilities for the U.S. Department of Justice, an agency with over 115,000 employees and a $31 billion budget. Tim previously served as Associate Deputy Attorney General alongside Attorney General Barr under the Administration of George H.W. Bush. Tim also served in the Massachusetts Attorney General’s Office as Chief of the Public Protection Bureau. 
ENERGY
Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction
The New York Times
April 10, 2019

President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and transport of oil and natural gas between states and across international borders.
OPIOID CRISIS
Oklahoma Attorney General Hunter Moves to Refocus State Opioid Case, End Defendants Attempted Stall Tactics
April 4, 2019

Attorney General Mike Hunter dismissed without prejudice several claims filed against opioid manufacturers, refocusing the case on its central claim, abating the public nuisance caused by the companies’ decades-long fraudulent marketing campaigns.
CONSUMER PROTECTION
Pennsylvania Attorney General Shapiro: Woman Targeted Montco Home Depot Stores In $100K Scheme
Patch
April 4, 2019

Montgomery County Home Depot stores were among several Philly-area stores that were targeted by a woman who allegedly ran a $100,000 identify and retail theft scheme for several years, state authorities said.

Attorney General Josh Shapiro announced criminal charges against Myra Reddy, 54, of Philadelphia. The AG's office said collaboration between the Philadelphia and Tredyffrin Township police departments, Home Depot Loss Prevention, and the AG's Organized Crime Section led to the organization being shut down.
HEMP/MARIJUANA
Judge Says Lack of State and Federal Plans Means That the Farm Bill’s Interstate Commerce Protections for Hemp Don’t Apply
FDA Law Blog
April 9, 2019

We previously posted about what the Agricultural Improvement Act of 2018 (commonly referred to as the Farm Bill) did, and did not, do with respect to “hemp” and CBD products derived from hemp. In that post, we noted that the Farm Bill did not preempt state laws that were more stringent. Our prior post did not discuss the Farm Bill’s interstate commerce provisions, which recently have become the focus of litigation.

Under section 10114, “Interstate Commerce,” there are two provisions–

  • Subsection (a) states as a “RULE OF CONSTRUCTION” that “[n]othing in this title or an amendment made by this title prohibits the interstate commerce of hemp (as defined in section 297A of the Agricultural Marketing Act of1946 (as added by section 10113)) or hemp products.”
  • Subsection (b), titled “TRANSPORTATION OF HEMP AND HEMP PRODUCTS” provides that “[n]o State or Indian Tribe shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946 (as added by section 10113) through the State or the territory of the Indian Tribe, as applicable.”

The meaning of “in accordance with” played a major role in a recent decision denying a request for emergency relief in connection with what seems to have been “hemp,” under the Farm Bill. Briefly, in Big Sky Scientific LLC v. Idaho State Police, the Idaho state police seized nearly 13,000 pounds of what appears to be hemp. They did so because hemp is a controlled substance under Idaho law. The hemp (or according to Idaho “contraband”) was produced in Oregon and was in route to Colorado. Idaho took the position that the Farm Bill’s section 10114(b) protection against a state prohibiting transport of hemp did not apply because subtitle G contains provisions setting forth how the Secretary of USDA can “approve” or disapprove” a state or tribal “plan,” or establish his own “plan.” Idaho argued that until such a plan is approved or established, no hemp can be produced “in accordance with subtitle G.” At the emergency motion stage, the court agreed finding:

"[T]he cargo that was seized on January 24, 2019 was not hemp that has been “produced in accordance with subtitle G.” It could not have been produced in accordance with subtitle G because Oregon does not have a federally approved plan and the Secretary of the United States Department of Agriculture has yet to establish its own plan as Subtitle G requires be done. This is undisputed. It matters not whether the cargo might meet the requirements of subtitle G if such a plan (or something similar) had existed when the crop was grown and harvested, or whether the implementation of the production plan by the Department of Agriculture was delayed somehow because of the recent shutdown of certain operations of the federal government. There simply is no such plan in place and therefore the cargo, whether described as hemp or marijuana, could not have been produced in accordance with subtitle G and therefore could not be subject to the protection of interstate commerce as provided by the 2018 Farm Bill."

The Court made clear that this was not a final determination on the merits and the litigation is proceeding.  We’ll continue to monitor this litigation and other developments. In the meantime, anyone distributing hemp or CBD products derived from it would do well to check their distribution routes against the varying state laws.
AILD
Updated American Indian Law Deskbook Is Now Available

The American Indian Law Deskbook  is a concise, direct, and easy-to-understand handbook on Indian law. The chapter authors of this book are experienced state lawyers who have been involved in Indian law for many years.

American Indian Law Deskbook  addresses the areas of Indian law most relevant to the practitioner.
Topics include:
  • Definitions of Indians and Indian tribes
  • Indian lands
  • Criminal, civil regulatory, and civil adjudicatory jurisdiction
  • Civil rights
  • Indian water rights
  • Fish and wildlife
  • Environmental regulation
  • Taxation
  • Gaming
  • Indian Child Welfare Act and tribal-state cooperative agreements
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