Environment

It has been a number of years since states and local governments have won a property rights case. But in Murr v. Wisconsin the Supreme Court concluded 5-3 that no taking occurred where state law and local ordinance “merged” nonconforming, adjacent lots under common ownership, meaning the property owners could not sell one of the lots by itself. The State and Local Legal Center (SLLC), filed an amicus brief, which the Court cited two times, arguing that these very common provisions are constitutional. 

The Trump administration’s decision to withdraw the United States from the Paris Accord has galvanized climate action at the state and local level. A group of 12 states have formed a coalition, called the United States Climate Alliance, to meet Paris climate commitments and fill the void left by the U.S. government.

Last week President Trump withdrew the United States from the Paris Climate Accord, citing the “draconian financial and economic burdens the agreement poses on our country.” The decision to withdraw from the agreement—a major international treaty to address climate change—is going to have broad policy and environmental impact on the global stage.

Last week, President Trump signed an executive order directing the U.S. Department of the Interior to review the establishment of national monuments made under the Antiquities Act. The review will focus on sites designated since 1996 that comprise at least 100,000 acres.

The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal land to protect areas...

The D.C. Circuit Court of Appeals has granted the Trump Administration’s request to hold the Clean Power Plan (CPP) case in abeyance—for 60 days. The court also asked the parties to brief whether the case should be sent back to the Environmental Protection Agency (EPA), which would, practically speaking, invalidate the rule. At 30-day intervals EPA must file status reports with the court.

The court didn’t explain its reasons but likely it is concerned President Trump’s March 28 executive order (EO) Promoting Energy Independence and Economic Growth means the demise of the version of the CPP the court has been considering. The EO calls for the “suspending, revising, or rescinding,” of the CPP, if appropriate after EPA review.

CSG Midwest
South Dakota legislators agreed this year to provide new tax incentives for private landowners who help protect the state’s water resources from agricultural runoff. The goal of SB 66 is to encourage the use of buffer strips that filter out nutrients and keep these pollutants from reaching a water body. 
CSG Midwest
Only a few months after celebrating key congressional victories at the end of 2016, Great Lakes advocates are now fighting to prevent a complete elimination of funding for a federal program that has poured hundreds of millions of dollars into projects that protect habitat, stop the spread of invasive species and clean up “Areas of Concern.”
President Donald Trump’s budget blueprint calls for an end to the Great Lakes Restoration Initiative. It says “specific regional efforts,” such as those related to the Great Lakes and Chesapeake Bay, should instead be the responsibility of state and local entities.
CSG Midwest
Brownfields — former industrial and commercial sites that have been abandoned and are contaminated by pollutants or other hazardous materials — are among the hardest sites to redevelop for other business or residential purposes.

The Trump administration asked the Supreme Court to hold “in abeyance” litigation over whether a federal district court or a federal court of appeals has jurisdiction to rule whether the current 2015 Waters of the United States (WOTUS) definitional rule violates the Clean Water Act. On April 2 the Supreme Court denied the motion meaning the litigation will proceed.

President Trump’s February 28 executive order Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule calls for the “rescinding or revising” of the WOTUS rule. Many state and local governments objected to the broad nature of this rule, in particular to the expansive definition of ditches and the ambiguous definition of tributaries. 

While President Trump’s executive order (EO) on Promoting Energy Independence and Economic Growth merely calls for the “review” of the Clean Power Plan (CPP), it has been widely viewed as the President’s first step to dismantle President Obama’s signature climate change measure. The EO goes on to say after review the Environmental Protection Agency (EPA) “if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules.”

Per the CPP by 2030 carbon pollution from the power sector is supposed to be 32 percent below 2005 levels. State-by-state targets are to be accomplished by increased production of renewable energy.

Pages