Idaho AG Opinions — 2008

Initiative Regarding Legal Tender in Payment of Debts.

Idaho municipal corporations cannot enter into joint powers agreement to exercise municipality’s police power with any entity other than State of Idaho or its political subdivisions

Corrective action should be taken immediately upon recognition that an executive session has “drifted” from its stated purpose and governing bodies should implement an oversight mechanism to assist in preventing and recognizing “drift”

Legislature has authorized both counties and state to regulate confined animal feeding operations (CAFOs) with overlapping authority; although counties have authority to regulate siting of dairy and beef cattle CAFOs, county ordinances that seek to impose operational constraints on ongoing operation of CAFO after it is sited are likely preempted by state law.

Initiative Relating to Coal and Nuclear Power Plants in Idaho.