Policy Area

The State and Local Legal Center (SLLC) has been waiting for this day for a long time. In Kisor v. Wilkie the Supreme Court will decide whether to overturn Auer deference to federal agencies.

In Auer v. Robbins (1997) the Supreme Court reaffirmed its holding in Bowles v. Seminole Rock & Sand Co. (1945) that courts must defer to a federal agency’s interpretation of its own regulations (even if that interpretation is articulated for the first time in an amicus brief during litigation).

State and local governments have long been critical of Auer deference of a number of reasons. First, it gives agencies a lot of authority in every area in which any agency regulates. Second, Auer deference negatively affects state and local governments because they are regulated by federal agencies and regulate in the same space as federal agencies.

The Court’s grant of this petition isn’t all that surprising. Neither will it be surprising if the Court overturns Auer deference. Recently, all five of the conservative Justices, except Justice Kavanaugh—perhaps only due to his short tenure on the Court, have either written or joined an opinion criticizing Auer deference or agency deference more generally.

According to Feeding America, 1 in 6 people are struggling with hunger in Kentucky. CSG members gathered at the CSG 2018 National Conference Dec. 8 in Covington, Kentucky, to help address this need as part of the CSG Campaign Against Hunger project.

During the 2018 CSG National Conference in Northern Kentucky-Greater Cincinnati, attendees will have the opportunity to hear from energy experts on how widespread electrification can impact the U.S. power system and the broader economy. This session will be held on Friday, December 7 from 8-9:30 a.m.

Customer adoption of electric end-use technologies, including electric vehicles, heat pumps for space and water heating, and electric technologies in industry and heavy transportation, is expected to spur steady...

On Dec. 7, state leaders will have the opportunity to discuss the benefits of early childcare, and why states should invest in making early childhood education affordable for working families, at a CSG 2018 National Conference session titled Working Families and the Struggle to Find Early Care and Education.
Albert Wat, senior policy director at the Alliance for Early Success, provided CSG with valuable insight on this critical issue. According to Wat, the cost of and the lack of access to quality childcare and education are the biggest struggles families face. Wat called the search for childcare an equity issue among low-income families.

Science and scientists have played an important role in the field of policymaking, informing and guiding decisions on a wide range of issues, including health care, land management, pollution, transportation and even social issues. While it is rare that scientific evidence is the only consideration in a policy decision—beliefs, experience, trial and error, and personal or political values are also used in making policy decisions—science is on balance a more dependable and defensible guide than informed hunches, analogies or personal experience.

The Supreme Court’s decision in May to overturn the prohibition on sports betting in the states has unleashed a torrent of activity at the state level leading up to the opening of 2019 legislative sessions. Some states have already moved to allow sports betting – Delaware, Mississippi, New Jersey, Pennsylvania, Rhode Island and West Virginia – while the majority have taken a wait-and-see approach.
CSG will convene a day-long series of panels designed to help policymakers navigate the policy implications of legalized sports betting during the States Place Their Bets Policy Academy at the CSG 2018 National Conference.

The midterm elections moved more states into the legalized marijuana category. Voters in Michigan approved a ballot measure to make marijuana legal and to regulate businesses involved in selling it. That vote brought to ten the number of states with legalized recreational marijuana.
Medical marijuana laws exist in 33 states now, with Missouri and Utah added after voter referenda were approved in the November elections.

During the 2018 CSG National Conference in Northern Kentucky - Greater Cincinnati, attendees will have the opportunity to participate in a day-long policy academy, "Using Science to Inform State Policymaking," on Thursday, Dec. 6, 8 a.m.- 4 p.m. 

The one-day policy academy is aimed to equip state leaders with a foundation for understanding science-based evaluation and using science in the development of policy. State leaders increasingly face key policy decisions that rely on the understanding and use of scientific data....

On December 6 during the CSG 2018 National Conference in Northern Kentucky-Greater Cincinnati, CSG convened a policy academy on The Intersection of Innovation and Infrastructure. This page includes meeting resources including the policy academy agenda, speaker bios, information about program sponsors and PowerPoint presentations from several of the day's speakers.

Innovations in technology are changing the way we travel, but are also presenting state leaders with an ever-expanding list of policy challenges. Autonomous vehicle and truck platoon testing, increasing sales of electric and alternative fuel vehicles, and the exponential growth of ride-hailing companies have significant policy implications in areas such as workforce development, data management, privacy, insurance, traffic safety, urban planning, transportation funding and environmental protection. State officials are also working with partners to build fiber and broadband networks to enable innovations like connected automation, all-electronic tolling, and smart city and intelligent transportation system technologies. This day-long policy academy highlighted many of these transportation and infrastructure innovations and what they mean for policymakers.

During the 2018 CSG National Conference in Northern Kentucky - Greater Cincinnati, attendees will have the opportunity to participate in a day-long policy academy on Wednesday, Dec. 5, 8 a.m.- 5 p.m. to consider state options to implement gaming in their states following the recent Murphy decision by the U.S. Supreme Court. 

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