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.

CSG Midwest
The mix of electric power generation has changed dramatically over the past decade or so in much of the 11-state Midwest — more wind power and more natural gas plants, for example, and much less reliance on coal. Will the shift be even more dramatic in the years ahead?
That is the vision laid out in new legislative proposals this year in states such as Illinois and Minnesota, as well as in recent plans unveiled by some utility companies themselves.

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.

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