Capitol Comments

                In Michigan v. EPA the Supreme Court held 5-4 that the Environmental Protection Agency (EPA) acted unreasonably in failing to consider cost when deciding whether regulating mercury emissions from power plants is “appropriate and necessary.” Twenty-three states challenged the regulations.

                The Clean Air Act requires the EPA to regulate air pollution from stationary sources based on how much pollution the source emits. But EPA may only regulate emissions from fossil-fuel-fired power plants if it finds that regulation is “appropriate and necessary.” EPA found it “appropriate” to regulate mercury emissions because they pose a risk to human health and the environment and controls are available to reduce them. EPA found it “necessary” to regulate mercury emissions because other requirements in the Act did not eliminate these risks.

State legislators attending the fourth annual CSG Medicaid Policy Academy June 17-19, in Washington, D.C., learned how critical Medicaid funding can be to services for vulnerable persons. Dr. Jeffery Brenner, a 2013 winner of a MacArthur Foundation genius award, challenged the group to rationalize the health care system. He described how his project in Camden, N.J. has reduced costs and improved care for patients suffering from a complex set of chronic diseases. Health care workers visit patients in their residences and seek to evaluate not just medical needs but social and emotional needs as well. 

The opinion upholds the constitutionality of the redistricting commission as a method to draw congressional and legislative redistricting lines after a Census.     

Nearly half of state governments in the U.S. use a process outside of the legislature to draw congressional district lines. In the recent 5-4 decision, Arizona State Legislature v. Arizona Independent Redistricting Commission, the Court held that the Constitution’s Elections Clause permits voters to vest congressional redistricting authority entirely in an independent commission. Read more HERE. 

In 5-4 decision in Arizona State Legislature v. Arizona Independent Redistricting Commission the Court held that the Constitution’s Elections Clause permits voters to vest congressional redistricting authority entirely in an independent commission.   

In 2000 Arizona voters adopted Proposition 106 which places all federal redistricting authority in an independent commission. The Elections Clause states:  "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations . . . .”

In Horne v. Department of Agriculture the Supreme Court held 8-1 that the federal government violated the Fifth Amendment Takings Clause by physically setting aside a percentage of a grower’s raisin crop each year without pay. At least six other agriculture set aside programs are in trouble as a result of this case. But what about its impact on state and local government?

Horne is a complicated case with four issues. The holding most...

In a 5-4 decision written by Justice Kennedy the Supreme Court held that same-sex couples have a constitutional right to marry. All state laws and court decisions banning same-sex marriage are now invalid.  

Justice Kennedy’s opinion can fairly be described as a celebration of marriage generally.  “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.”

CSG Midwest
Indiana, Kansas and Wisconsin have joined the growing number of states with new rules to govern ride-sharing services such as Uber and Lyft. These services now operate in at least 30 metropolitan areas in the Midwest. They allow individuals needing a ride to connect with a driver via an application on a smartphone or other Internet-enabled device. The driver’s personal vehicle is used for the service.
CSG Midwest

The Nebraska Unicameral Legislature's override of a gubernatorial veto will give certain immigrants access to state driver's licenses. LB 623 covers immigrants who have been granted "deferred action" status by the federal government. Deferred Action for Childhood Arrivals, or DACA, applies to individuals under the age of 31 who came to this country before their 16th birthday.

CSG Midwest
Two years ago, an explosive fire caused by a rail tanker car carrying crude oil took 47 lives and destroyed much of the downtown Québec city of Lac Megantic. A number of nonfatal fires involving oil-carrying trains have followed, most recently this year in Illinois and North Dakota. These incidents have raised safety concerns on both sides of the border, as well as this question: What can governments do to prevent the accidents from occurring? This spring, a mix of new federal and state standards were unveiled that set new rules for tanker cars and what is being loaded on them.

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