What's New

By Michael Secchiaroli

On April 27, 2018, the House overwhelmingly approved a bipartisan five-year reauthorization of the Federal Aviation Administration, or FAA. The bill, which passed by a margin of 393-13, seeks to establish policy priorities and provide long-term stability for the FAA. This legislation covers a range of policy areas from airline passenger rights to the development of aviation technology.

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The U.S. Department of Commerce reported that real gross domestic product (GDP) increased 2.3 percent nationally between 2016 and 2017. Economic growth was widespread, with 20 of 22 industry groups contributing to the increase. Despite this growth, the agriculture, forestry, fishing, and hunting sector decreased 9.4 percent nationally – the culmination of five consecutive quarterly declines.

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This SLC Regional Resource raises policy considerations and highlights the connections between the ongoing opioid crisis and the national shortage of organs for transplantation. In addition, this report looks at the history and process of organ donation and transplants; actions taken at the state and federal level to facilitate organ donation; and how the national opioid crisis is affecting transplant rates.

Nashville transit advocates are left pondering the future and examining what went wrong after a transit ballot referendum was defeated in the May 1 Tennessee primary. The referendum, which was made possible by state legislation approved last year, would have increased four taxes to fund a multi-billion dollar transit plan that included five light rail lines, a tunnel under downtown, new electric buses, bus rapid transit lines and two-dozen new neighborhood transit centers. Sixty-four percent of voters rejected the measure and the defeat appears likely to have potential long-term implications for the city’s transportation system, politics and economic interests and could provide lessons to other communities around the country that may be looking to upgrade transit offerings in the years ahead.  

Russell Bucklew was sentence to death for murder, kidnapping, and rape. He suffers from cavernous hemangioma, which causes clumps of weak, malformed blood vessels and tumors to grow in his face, head, neck, and throat.

Missouri intended to execute him by lethal injection. But he claims that killing him by gas, still on the books in Missouri but not used since 1965, would substantially reduce his risk of pain and suffering given his cavernous hemangioma. The Eighth Circuit rejected his request.

The Supreme Court has agreed to decide four issues in Bucklew v. Precythe. Until merits briefs are filed and oral argument is held in the fall it difficult to know what the Supreme Court will focus on. For now, the Eighth Circuit opinion provides the best clues.

Knick v. Township of Scott involves a common theme before the Supreme Court. One party is asking it to overturn long-standing Supreme Court precedent. Unfortunately for states and local governments the precedent on the chopping block arises in the property rights context (where the more conservative Supreme Court tends to favor property owners) and is generally considered favorable to states and local governments.  

The Township of Scott adopted an ordinance requiring cemeteries, whether public or private, to be free and open and accessible to the public during the day. Code enforcement could enter any property to determine the “existence and location” of a cemetery.

The Constitution’s Takings Clause states that “private property [shall not] be taken for public use, without just compensation.” Rose Mary Knick sued the county in federal (rather than state) court claiming the ordinance was invalid per the Takings Clause after code enforcement went onto her property without a warrant looking for a cemetery.

Despite some recent setbacks to the industry, including the Uber and Tesla crashes that resulted in fatalities in Arizona and California in March, many states and communities say they are still moving forward with efforts to encourage the safe testing of driverless vehicles in their jurisdictions and to prepare for a future that includes more of them. Those efforts include state legislation, local zoning and planning changes, new testing requirements and the introduction of driverless shuttles on college campuses and elsewhere. Here’s a roundup of some of the latest developments around the country.

The Military Officers Association of America (MOAA) has linked up with Syracuse University to examine absentee voting challenges faced by active duty servicemembers every election cycle. They have developed a survey hoping to improve the absentee-voting process.

In April, the federal government released $485 million in grants to states to combat the opioid crisis. The amounts of the grants, the same in both 2017 and this year, vary from $2million to states with less population to $44.7 million dollars to California.

Per the Endangered Species Act (ESA), the U.S. Fish and Wildlife Services (FWS) may designate land a “critical habitat” for an endangered species. The ESA mandates that FWS consider the economic impact of specifying an area as a critical habitat. FWS may exclude an area if the benefits of excluding it outweigh the benefits of including it.

In its amicus brief in Weyerhaeuser Company v. U.S. Fish and Wildlife Service the State and Local Legal Center (SLLC) argues courts may review FWS decisions not to exclude an area from a critical habitat because of the economic impact of the designation.

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