CSG South

As the 2020 legislative cycle approaches, legislators across the South are preparing and pre-filing legislation to address emerging and relevant policy issues in their states. With its regional focus, the Southern Legislative Conference (SLC) is uniquely positioned to identify and research current and emerging policy issues and trends. This report was prepared by Anne Roberts Brody, policy and program manager, and Roger Moore and...

In County of Maui, Hawaii v. Hawaii Wildlife Fund the Supreme Court held 6-3 that when there is a “functional equivalent of a direct discharge” from a point source to navigable waters an appropriate permit is required under the Clean Water Act.

The Clean Water Act forbids the “addition” of any pollutant “from a point source” to “navigable waters” without a National Pollutant Discharge Elimination System (NPDES) permit. In this case the County...

In a 7-2 decision in Atlantic Richfield v. Christian the Supreme Court held that landowners located on a Superfund site who wanted additional remedies beyond the Environmental Protection Agency (EPA) plan to clean up the site could not sue in state court.

The Comprehensive Environmental Response, Compensation, and Liability Act, also known as the Superfund statute, seeks “to promote the timely cleanup of hazardous waste sites and to ensure...

CSG Midwest
Legislation in nearly every state in the region provides a purchasing preference to products manufactured or produced using recycled content. However, the extent of the preference varies, including whether the state has statutory language that spells out a price preference for bidders who offer recycled products.
Indiana, Kansas, Michigan and Minnesota are examples of states that specify a particular price preference. Indiana offers a price preference of between 10 and 15 percent for products containing recycled content, while Kansas provides a 5 percent price preference.
CSG Midwest
For lawmakers, the results of some legislative actions can be seen almost immediately — allocate funding to repair a road, for example, and it’s likely to get fixed soon. But there are other areas where the effects of a new state investment or policy only will be evident over the longer haul. In Minnesota, Rep. Rick Hansen says, that will be the case with his state’s commitment to pollinator conservation.
“Important work is often slow and results aren’t immediate,” he adds, “but you hope they are steady.”
Minnesota is leading the Midwest, and most of the nation, in efforts to protect and promote the population of pollinators. About one of every three bites of food we eat require direct pollinators, and indirectly, pollinators play a role in 75 percent of what we eat. The Midwest is home to thousands of pollinator species, including more than 400 species of native bees. But the pollinator population is at risk due to disease, the effects of pesticides, climate change and loss of habitat.
“Comprehensive policy work and habitat changes take time, something that may be limited for our pollinators,” Hansen says.
What can a state do to help? Starting in 2014, Minnesota has taken several steps, all with a focus “on supporting good science so that public dollars are used efficiently,” Hansen says.
CSG South

In recent years, Southern states have been inundated by major flooding events. According to the National Oceanic and Atmospheric Administration (NOAA), annual flood records are expected to be broken again in 2020 and beyond. Taken together, these repeated flood events can create a significant and long-term strain on states’ economies, both in terms of tangible losses and damages, as well as lost productivity. This SLC Regional Resource...

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.
CSG Midwest
Opposition to a proposed pipeline that would bring more oil from Canada to refineries around the United States has come from many directions since being introduced more than a decade ago. Landowners and Native American tribes along the route have fought the Keystone XL proposal. Environmental groups have said it would trample on sensitive land, endanger water resources and enlarge the nation’s carbon footprint.
For many years, the state of Nebraska has been at the center of this political and legal fight. But it may now be over in the Cornhusker State, as the result of a ruling this summer by the Nebraska Supreme Court affirming a 2017 Public Service Commission decision to OK a pipeline route.
CSG Midwest
Before they voted to legalize the use of recreational marijuana, legislators in Illinois committed to learning as much as possible from the experiences of other states. Rep. Kelly Cassidy, lead sponsor of the bill signed into law in June (HB 1438), and others spent two years visiting growers, processors and dispensaries across the United States; they also held more than 100 stakeholder meetings in the state.
The end result: a 600-plus-page bill much different than any other state’s law on marijuana legalization. For example, the bill focuses heavily on ensuring diversity in ownership of the new businesses that come from legalization, and investing in the communities and people disproportionately impacted by enforcement of the state’s old laws on cannabis. But another facet of the new law stands out as well, and reflects what lawmakers found in their fact-finding work prior to the bill’s introduction. “[We were] struck by the intensive power and water usage involved in growing marijuana,” Cassidy says. In response, lawmakers included environmental requirements and efficiency standards for those seeking a license to cultivate marijuana.

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