Environment

The Flint water crisis was one of the more notable events of the last decade. Unsurprisingly, it led to litigation. So far, the Sixth Circuit has refused to dismiss the case against a number of the state and local government officials who were sued. This week the Supreme Court refused to hear their case challenging the Sixth Circuit...

CSG Midwest
With tens of millions in new state dollars to incentivize farmers, along with a list of best practices known to reduce phosphorus runoff, Ohio will spend the next two years implementing its most comprehensive effort to date to prevent harmful algal blooms in Lake Erie.
And it’s likely just the beginning of the commitment needed to tackle the problem.

Let’s hope Justice Kagan is wrong about this ominous prediction in her dissenting opinion in Knick v. Township of Scott: “today’s decision means that government regulators will often have no way to avoid violating the Constitution.”

In a 5-4 opinion the Supreme Court held that a property owner may proceed directly to federal court with a takings claim. In Knick the Court overturned Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City (1985), which held that before a takings claim may be brought in federal court, a property owner must first seek just compensation under state law in state court. The State and Local Legal Center (SLLC) amicus brief urged the Court to keep Williamson County.

The Supreme Court held 6-3 in Virginia Uranium v. Warren that Virginia’s statute prohibiting uranium mining isn’t preempted by the federal Atomic Energy Act (AEA).

The State and Local Legal Center (SLLC) filed an amicus brief arguing for this result. The SLLC brief encouraged the Court to not inquire into the intent of the Virginia legislature in deciding whether the statute was preempted. Justice Gorsuch, writing for himself and Justices Thomas and Kavanaugh, went to such great length discussing “the perils of inquiring into legislative motive,” that Justices Ginsburg, joined by Justices Sotomayor and Kagan, only joined his plurality opinion as to its result (not its reasoning).

In February 2019, lawmakers in Oregon introduced House Bill 2020 that would make Oregon the second state to have an economy-wide cap-and-trade system. The basic premise of a cap-and-trade system is a cap is set on the total carbon emissions of an area; in this case, the state of Oregon. This total allotment of carbon emissions is then divided up into permits. Each company that produces emissions above a certain threshold is required to purchase...

Atlantic Richfield Co. v. Christian is a complicated case raising three legal issues which the Supreme Court has agreed to decide. To summarize the case in one sentence, the owners of a Superfund site object to having to take remedial action not required by the Environment Protection Agency (EPA) to benefit landowners located within the bounds of the site.   

The Anaconda Smelter, now owned by ARCO, processed copper ore from Butte for nearly one hundred years before shutting down in 1980. That same year Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or Superfund law. The purpose of this law is to “foster the cleanup of sites contaminated by hazardous waste, and to protect human health and the environment.”

In County of Maui, Hawaii v. Hawaii Wildlife Fund the Supreme Court will decide whether groundwater is subject to National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA). The State and Local Legal Center (SLLC) filed an ...

CSG Midwest
A U.S. Army Corps of Engineers plan to keep Asian carp from reaching the Great Lakes has an important new supporter — J.B. Pritzker, the recently elected governor of Illinois. In an April letter to the Corps, Pritzker said the state was “willing to move forward to preconstruction, engineering and design” on the Brandon Road Lock and Dam Project. But he also expressed concern about the estimated price tag: $778 million.
CSG South

For farmers in Florida, Alabama and Georgia, the timing of the Hurricane Michael could not have been worse. Just as harvest season for many vegetable and row crops was beginning, like a plague of locusts, Michael devoured nearly every farm in its path. This SLC Regional Resource, current as of April 15, 2019, reviews the agricultural impact of Hurricane Michael on Florida, Alabama and Georgia. Across the three states, cotton and timber were hardest hit, but damage to other agricultural products and infrastructure was equally devastating.

CSG Midwest
A legal dispute in Indiana over private property rights and the public trust doctrine ended in February when the U.S. Supreme Court chose not to hear the case. In 2018, Indiana’s Supreme Court ruled that public use of the Lake Michigan shoreline extended to the lake’s “natural ordinary high water mark.” Some lakefront property owners argued that the “water’s edge” should instead be used as the legal dividing line. The Indiana justices disagreed: “At a minimum, walking below the natural [ordinary high water mark] along the shores of Lake Michigan is a protected public use.”

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