In a decision difficult to understand without context the Supreme Court held that “critical habitat” under the Endangered Species Act (ESA) must also be habitat. In Weyerhaeuser Co. v. United State Fish and Wildlife Service the Court also held a federal court may review an agency decision not to exclude an area from critical habitat because of the economic impact. The State and Local Legal Center (SLLC) filed an amicus brief on the latter issue arguing in favor of the result the Court reached.

The United State Fish and Wildlife Service (Service) listed the dusky gopher frog as an endangered species. It designated as its “critical habitat” a site called Unit 1 in Louisiana owned or leased by Weyerhaeuser Company, a timber company. The frog hasn’t been seen at this location since 1965. As of today Unit 1 has all of the features the frog needs to survive except “open-canopy forests,” which the Services claims can be restored with “reasonable effort.”

Weyerhaeuser argued Unit 1 could not be a “critical habitat” for the frog because it could not survive without an open-canopy forests. The Fifth Circuit disagreed holding that the definition of critical habitat contains no “habitability requirement.”

The Supreme Court held unanimously that “critical habitat” must be habitat. The ESA states that when the Secretary lists a species as endangered he or she must also “designate any habitat of such species which is then considered to be critical habitat.”

Climate Adaptation

There are 1 million electric vehicles (EVs) on U.S. roads today and more are expected to come. Every major automaker has made big commitments to EVs, with plans to bring at least one EV model to the market in the next few years. According to the Edison Electric Institute and the Institute for Electric Innovation, more than 7 million plug-in electric vehicles (PEVs) are expected to hit U....

The State and Local Legal Center (SLLC) amicus brief in Tennessee Wine & Spirits Retailers Association v. Byrd argues that Tennessee’s law requiring alcohol retailers to live in the state for two years to receive a license is constitutional.

According to Tennessee Wine & Spirits “[a]t least twenty-one States impose some form of durational-residency requirement for liquor retailers or wholesalers. And many States impose other residency-based requirements on those entities.”

States and local governments have long been skeptical of the requirement that courts defer to agency interpretations of statutes because such deference gives unelected agencies a lot of power. In PDR Network, LLC v. Carlton & Harris Chiropractic Inc. the lower court required something worse: blind adherence to an agency order.

The Hobbs Act vests the federal courts of appeals with “exclusive jurisdiction” to “enjoin, set aside, suspend (in whole or in part), or to determine the validity of” certain orders made by the Federal Communications Commission (FCC) and orders of the Secretary of Agriculture, Secretary of Transportation, Federal Maritime Commission, Atomic Energy Commission, and others.

According to one lower court the Hobbs Act “promotes judicial efficiency, vests an appellate panel rather than a single district judge with the power of agency review, and allows uniform, nationwide interpretation of the federal statute by the centralized expert agency.”

Over twenty speakers will provide real-life exampes of programs and policies that make a difference for persons with opioid use disorders during a day-long Dec. 5 policy academy at the 2018 CSG National Conference in Northern Kentucky/Greater Cincinnati. The day will culminate with an audience particpation exercise for attendees to select among 19 different strategies for treatment, harm reduction, reducing demand, and limiting supply by designating theoretical spending of $10 million to $100 million on those strategies.

In March 2018 Secretary of Commerce Wilbur Ross issued a memorandum stating a citizenship question would be added to the 2020 census questionnaire. In In Re Department of Commerce the Supreme Court will not be deciding whether this question may be legally added. Instead, the Court will decide—among other things—whether Secretary Ross may be deposed as to his motives for adding this question.

A number of state and local governments and nonprofits sued the Secretary claiming that adding this question is arbitrary and capricious in violation of the Administrative Procedure Act.

In the 2018 memorandum Secretary Ross stated that he “began a thorough assessment” of whether to add a citizenship question “[f]ollowing receipt” of a December 2017 letter from the Department of Justice (DOJ) requesting citizenship data to enforce the Voting Rights Act’s prohibition against diluting the voting power of minority groups.

In the latest twist in Virginia’s redistricting saga, Virginia House of Delegates v. Bethune-Hill, the Supreme Court must resolve a showdown between the Virginia House of Delegates and the Virginia Attorney General regarding who may litigate the case, among many other issues.

Plaintiffs, a number of Virginia voters, allege that the Virginia legislature engaged in unconstitutional racial gerrymandering when it constructed 12 majority-black Virginia House of Delegates districts during the 2011 redistricting cycle. More specifically, the plaintiffs argue that requiring each of these districts to contain a minimum 55% black voting age population (BVAP) was unnecessary for black voters to elect their preferred candidates per the Voting Rights Act. Plaintiffs claim this minimum was set to reduce the influence of black voters in other districts.

While the public benefits of electric vehicles are becoming increasingly clear, they continue to represent only a small percentage—a little over 1 percent—of new vehicle annual sales in the United States. State legislatures have numerous strategies at their disposal they can deploy to help improve the marketplace for electric vehicles, from helping to expand electric vehicle charging access to encouraging the electrification of public fleets. California and New Hampshire are two states at different stages in their efforts to advance the electric vehicle marketplace. CSG spoke recently with two legislators who have been responsible for enacting related measures in those states.

CSG Midwest
The Pew Charitable Trusts and the Chicago-based John D. and Catherine T. MacArthur Foundation teamed up in 2010 in the “Results First Initiative” to help states implement and make use of cost-benefit analyses. The goal was (and is) to help them identify policies and programs which evidence shows are working.
CSG Midwest
Three Wisconsin law enforcement agencies are beginning a statewide experiment in getting people who commit nonviolent crimes because they’re addicted to drugs into treatment rather than prison.

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