Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. See our State Attorneys General page for more insights. Here are last week’s updates.
Multistate
- A multistate coalition of 14 attorneys general filed to intervene and defend a Biden Administration rule making Deferred Action for Childhood Arrivals (DACA) recipients eligible to participate in the Affordable Care Act’s insurance marketplace. The motion argues that the rule is lawful and that these States should be allowed to intervene because elimination of the rule would impose significant harms on the States and their residents. The filing was led by New Jersey and has been joined by California, Arizona, Colorado, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, New Mexico, Nevada, Oregon, and Vermont.
- A multistate coalition of 17 attorneys general issued a letter to congressional leaders urging Congress to safeguard the Inflation Reduction Act (IRA), a law focused on reinvestment in domestic manufacturing. The letter highlights the importance of the IRA’s tax provisions and the benefits the Act brings to businesses, organizations, and state and local governments. The letter was led by Massachusetts and was also signed by California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Minnesota, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin.
- A multistate coalition of 17 attorneys general filed an amicus brief in the U.S. Supreme Court in support of the Mexican government’s suit against gun manufacturers that seeks to hold them accountable for gun violence in Mexico. The amicus brief argues that the Protection of Lawful Commerce in Arms Act (PLCAA) intrudes on a traditional area of state authority, and disputes the Petitioners’ interpretation of PLCAA’s proximate-cause element. The filing was led by Massachusetts and joined by California, Connecticut, Delaware, The District of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, and Vermont.
- A multistate coalition of 16 attorneys general and 3 cities filed to intervene in defense of two U.S. Environmental Protection Agency actions granting Clean Air Act waivers authorizing enforcement of two regulations targeting engine emissions. The two motions argue that the States have undeniable sovereign interests in the benefits of these regulations and that the States meet the legal standards for both intervention as of right and permissive intervention. The filings were led by New Jersey and California, and have been joined by Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington; as well as by the District of Columbia; and the cities of Chicago, Los Angeles, and New York.
- A multistate collation of 24 attorneys general submitted a letter to the U.S. Environmental Protection Agency (EPA) opposing California’s waiver request. The letter argued that the regulation would disrupt national transportation and logistics industries, and letter contributor South Carolina Attorney General Alan Wilson recently celebrated the EPA’s decision declining to issue a waiver. The letter was led by Nebraska and was joined by Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansa, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
- A multistate coalition of 22 attorneys general filed a lawsuit to challenge a U.S. Environmental Protection Agency (EPA) rule implementing a tax on oil and gas producers. The lawsuit alleges that the rule exceeds the EPA’s statutory authority and that it is arbitrary, capricious, an abuse of discretion, and not in accordance with law. The lawsuit was led by Texas and North Dakota, and was joined by Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
- A multistate coalition of 5 attorneys general filed a lawsuit challenging President Joe Biden’s ban on new offshore drilling. The lawsuit argues that the President Biden exceeded his authority under the Constitution by effectively rewriting the Outer Continental Shelf Lands Act by removing covered property from disposition. The filing was led by Louisiana and joined by Alaska, Mississippi, Georgia, and Alabama.
- A multistate coalition of 17 states filed an amicus brief in the U.S. Court of Appeals for the D.C. Circuit to defend a U.S. Environmental Protection Agency (EPA) rule regarding nationwide drinking water standards on so called “forever chemicals”—per- and polyfluoroalkyl substances (PFAS). The amicus brief argues that the rule is important to protect public health and that the EPA complied with the procedural requirements of the Safe Drinking Water Act. The filing was led by California and was joined by Connecticut, New Jersey, Arizona, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina, Oregon, Rhode Island, and Wisconsin.
- A multistate coalition of 10 states filed a motion to intervene in defense of the U.S. Environmental Protection Agency’s (EPA) 2024 Lead and Copper Rule Improvements that requires water utilities to replace lead pipes within 10 years. The motion argues that the states have longstanding, legally protected interests in reducing lead exposure in drinking water. The filing was led by New York and was joined by California, Connecticut, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, North Carolina, Wisconsin, and the District of Columbia
- A multistate coalition of 22 attorneys general filed an amicus brief urging the U.S. Supreme Court to uphold the Universal Service Fund (USF), a part of the Telecommunications Act of 1996 that promotes infrastructure to provide communications services to rural communities, schools, and low-income users. The brief argues that the USF is essential in providing affordable voice and broadband services to rural areas that would otherwise be unserved or underserved. The filing was led by Colorado and was joined by Arizona, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Dakota, Vermont, Wisconsin and Wyoming.
- A multistate coalition of 19 attorneys general and the City of San Francisco filed a lawsuit challenging President Donald Trump’s executive order ending birthright citizen. The complaint alleges that the executive order violates the 14th Amendment and exceeds the President’s authority by attempting to unilaterally amend the U.S. Constitution. The lawsuit is led by New Jersey and is joined by California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin, as well as the District of Columbia and the City of San Francisco.
- A bipartisan multistate coalition of 9 attorneys general announced a national collaboration plan to crackdown on the unlawful manufacturing, distributing, selling, and marketing of flavored disposable e-cigarette products. As part of this collaborative effort, Illinois filed a lawsuit against vape distributor Posh, Hawaii issued warning letters to over 800 tobacco retailers and distributors, New Jersey issued nearly 11,000 warning letters to businesses licensed to sell tobacco and vapor products, Minnesota filed a lawsuit against e-cigarette manufacturer High Light Vapes, and New York announced a lawsuit against G Smoke 360 Corp and Liberty Smokeland, two companies alleged to have persistently sold flavored e-cigarettes to minors. The coalition includes California, Connecticut, the District of Columbia, Hawaii, Illinois, Minnesota, New Jersey, New York, Ohio, and Vermont.
Alaska
- Alaska Attorney General Treg Taylor is assuming chairmanship of the Attorney General Alliance (AGA), a bipartisan nonprofit organization spanning 51 states and territories. Attorney General Taylor announced that he will focus the AGA on a cyber awareness initiative to address data privacy issues, cyber-crimes, and cyber threats from hostile nations.
Arkansas
- Attorney General Tim Griffin announced the conviction of a former caregiver at Woodland Heights Senior Living for elder abuse. Attorney General Griffin congratulated the Medicaid Fraud Control Unit for their work on the conviction and stated that preventing elder abuse will continue to be a priority for his office.
California
- Attorney General Rob Bonta announced new price gouging investigations as part of a larger Disaster Relief Task Force dedicated to assisting victims and witnesses in impacted areas. California’s Penal Code Section 396 prohibits price increases exceeding 10% from pre-emergency declaration pricing, with violators subject to up to one-year imprisonment and/or a fine as high as $10,000, as well as civil penalties of $2,500 per violation and other equitable relief.
- Attorney General Bonta announced that over 200 warning letters have been sent to hotels and landlords accused of price gouging in the midst of wildfires in Southern California. The letters are intended to put potential violators of Penal Code section 396 on notice that during the state of emergency, price gouging is a criminal offense and can also subject violators to serious civil penalties.
- Attorney General Bonta commented on a U.S. Department of Education announcement discharging $4.5 billion of debt for 261,000 borrowers and former Ashford University students. The San Diego Superior Court found that Ashford University mislead students about its educational offerings, financial aid, and future job outcomes, and that these students relied on that false information when taking out federal loans. Attorney General Bonta stated that he is proud of California’s role in stopping educational fraud.
Florida
- Attorney General Ashley Moody announced that she is leaving her position to serve as a U.S. Senator in place of Marco Rubio. Attorney General Moody used the statement to reflect on her work in the Attorney General’s Office and to express her gratitude to the people of Florida.
Georgia
- Attorney General Chris Carr announced a $1 million settlement with Acadia Healthcare Company for allegedly submitting false claims to Medicare and Medicaid. The settlement with Georgia is part of a larger nearly $20 million civil settlement with the federal government and the states of Florida, Michigan, and Nevada.
Idaho
- Attorney General Raúl R. Labrador published a letter criticizing the Supreme Court’s refusal to hear a Utah lawsuit seeking to impose state control over undesignated Bureau of Land Management (BLM) lands. The letter accuses the federal government of annually funneling billions of dollars from Western states for its own financial interests, as well as accusing the federal BLM of poor fire management.
Massachusetts
- Attorney General Andrea Joy Campbell introduced a bill to restrict access to cellphones and personal electronic devices during school hours called the Safe Technology Use and Distraction-free education for Youth (STUDY) Act. The STUDY ACT is intended to promote student mental health and well-being by requiring schools to both restrict device usage and to educate students on the potential harms of social media use.
Michigan
- Attorney General Dana Nessel issued a consumer alert warning of potential price gouging at the Detroit Auto Show. Under Michigan law, retailers are prohibited from charging prices “grossly in excess” of what others are charging for similar goods or services.
- Attorney General Nessel filed a lawsuit alleging violations of the Michigan Consumer Protection Act against Opulent Marketing, Inc., and its owners. Opulent allegedly made false promises regarding vehicle service contracts and then routinely denied and ignored consumers who sought refunds. The lawsuit also claims that Opulent held itself out as a Michigan company, but it was actually based in Wyoming.
Missouri
- Attorney General Andrew Bailey announced a new regulation requiring “Big Tech” companies to be transparent about the algorithms they use and to offer alternatives to social media users. Based on the Supreme Court’s decision in NetChoice last term, the regulation would require that platforms offer consumers the ability to choose a third-party content moderator. If social media platforms fail to offer this option, they could be held liable for unfair, deceptive, fraudulent, or otherwise unlawful practices.
New Hampshire
- Attorney General John M. Formella announced a revision to Dartmouth Health’s kidney transplant policy to no longer require that transplant candidates be Covid-19 vaccinated. The Attorney General’s Office worked with Dartmouth Health to align the policy with State law after a transplant candidate raised concerns to the State’s Consumer Protection and Antitrust Bureau.
New Jersey
- Attorney General Matthew J. Platkin announced a plea agreement with a former Passaic Valley Sewage Commission (PVSC) employee who was charged with conspiracy to commit official misconduct. The employee attempted to bribe a PVSC commissioner, but that commissioner reported his conduct instead.
- Attorney General Platkin issued a statement concluding an investigation into an indictment brought against former Senator Robert Menendez for alleged misconduct and whether any other members of the Attorney General’s Office or the Department of Law and Public Safety may have been implicated. The investigation found no evidence that any past of present member of those offices engaged in any such misconduct.
New York
- Attorney General Letitia James filed a lawsuit seeking an injunction against a furniture store, Payless Furniture, Inc. d/b/a 1StopBedrooms, for defrauding consumers. 1StopBedrooms is accused of misleading consumers with false shipping and pricing information, charging additional bogus fees, failing to help consumers with missing or damaged products, and refusing to issue refunds unless consumers withdrew complaints from public review platforms.
Ohio
- Attorney General Dave Yost announced that the Union County Common Pleas Court has ordered a former quartermaster to repay over $35,000 stolen from the Ohio Veterans of Foreign Wars agency. The former quartermaster stole the funds via a check-writing scheme by issuing checks from the agency’s charitable accounts to be cashed by co-conspirators.
- Attorney General Yost announced new consumer safeguards taking effect that will prevent the use of Ohioans’ signatures without their knowledge or consent. The new rule requires businesses that collect and use signatures to enact additional transparency measures, and prohibits those businesses from using a person’s signature without first obtaining affirmative consent.
Pennsylvania
- Attorney General Michelle Henry issued an announcement that a Luzerne County Judge has ruled to ban a local contractor, Vincent Vince of Independent Construction Builders, LLC, from working on home improvements after defrauding consumers by failing to complete work, doing subpar work, and not providing refunds. The contractor has been ordered to pay $12,000 in civil penalties and $79,000 in restitution to consumers.
- Attorney General Henry filed a lawsuit against a group of mortgage brokers based in Lehigh Valley for allegedly conspiring in a kick-back scheme with real estate agents. The complaint alleges that the mortgage brokers violated Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, the federal Consumer Financial Protection Act, and the Real Estate Procedures Act by discounting ownership in a joint venture, sports tickets, and dinners in exchange for real estate agents steering consumers to the brokerage.
South Carolina
- Attorney General Alan Wilson announced a multistate enforcement action against Block, Inc., for alleged violations of the Bank Secrecy Act and anti-money laundering laws. Block operates Cash App, a popular mobile payment service, and has agreed to pay an $80 million penalty and to hire an independent consultant to identify deficiencies in its current financial policies.
Tennessee
- Attorney General Jonathan Skrmetti announced a $1.125 million settlement with Family Dollar Stores following an investigation into allegations that stores in Tennessee were knowingly selling goods stored in a rodent-infested facility. The settlement with Tennessee is part of a larger $41.675 million federal settlement after the company plead guilty to the adulteration of FDA-regulated products via unsanitary conditions. This is the largest amount ever awarded in a food safety case as a criminal penalty.
Washington
- Attorney General Brown announced a $3.75 million settlement with Puppyland, a Washington-based dog breeding company, over allegations of illegal advertising and sales practices. Puppyland misrepresented the health and breeding standards of puppies it sold, and convinced consumers to enter loan agreements with interest rates as high as 200%.