Environment

CSG Midwest
A trio of recently enacted bills in Michigan aims to help legislators take a longer, systematic view of how to meet the state’s infrastructure needs. According to Gov. Rick Snyder, his state is the first in the nation to implement this type of coordinated effort to manage drinking water, wastewater, stormwater, transportation and private utilities.
CSG Midwest
Last fall, nine Lake Erie experts identified specific strategies that they viewed as most important to reducing phosphorus runoff and preventing harmful algal blooms in the lake’s western basin. As of early June, Ohio legislators were moving toward passage of a bill backing those scientists’ findings with state dollars.
“That was the blueprint — use those evidence-based strategies and then target the funds to critical areas in the sub-watersheds [of the western basin],” says Rep. Steven Arndt. Ohio admittedly has a long way to go to reach its target — a 40 percent reduction in phosphorus loads by 2025. That is the amount specified in binational agreements between the United States and Canada and among the governments of Michigan, Ohio and Ontario.
CSG Midwest
As part of what state officials say is the strictest set of lead and copper standards in the nation, Michigan will require all of the state’s public water systems to replace their lead service lines. Starting in 2021, the Detroit Free Press reports, each public water system must replace, on average, 5 percent of its lead service pipes per year over a 20-year period, with water customers paying for most of the estimated $2.5 billion price tag.

In Knick v. Township of Scott the Supreme Court will decide whether to overturn Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City (1985). In that case the Court held that before a takings claim may be brought in federal court, landowners must comply with state law procedures and remedies enacted to provide just compensation. The State and Local Legal Center (SLLC) amicus brief urges the Court to keep Williamson County.

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.

Single-use plastic straws have recently come under fire, much like single-use plastic shopping bags and plastic microbeads. This year, Seattle became the largest U.S. city to ban the use of plastic straws and...

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.

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.

CSG Midwest
Late in 2017, Michigan lawmakers ended their legislative year seeking a fix to another problem with drinking water in the state. It wasn’t lead contamination this time, but rather the discovery of 28 sites in the state with known levels of PFAS, or per- and polyfluoroalkyl substances. The Legislature allocated $23.2 million for various response and mitigation measures.
In early 2018, the Minnesota attorney general finalized an $850 million settlement with 3M over groundwater contamination in the east metropolitan area of the Twin Cities. The cause: The company’s disposal, over decades, of PFAS chemicals used for products such as Scotchgard, stain removers and fire retardants.Though these chemicals were used for decades, and many of them have been phased out of production, they are considered an “emerging contaminant” — because environmental and health officials have only recently begun to test for the presence of PFAS chemicals in drinking water, detect them, and understand their potential impact on human health.
The new funding in Michigan will be used to purchase new lab equipment, expand testing of drinking water, and purchase filtration systems for affected residents. A longer-term fix is likely to be more problematic and costly, whether it’s pumping out all the groundwater and removing the chemicals or hooking up the owners of private wells (this has been the group most affected in Michigan) to a municipal system.

A recent report by the U.S. Fish and Wildlife Service shows the continued decline in the number of Americans who hunt. Currently, only about 5 percent of people 16 and over hunt, whereas it was nearly double that five decades ago. Less people acquiring a hunting license has created funding problems for state conservation programs,...

CSG Midwest
Michigan has 3,000 miles of coastline and more Great Lakes water within its jurisdiction than any other state or province in the basin. But one of the big ecological threats to this freshwater system is well outside the state’s borders — in Illinois and Indiana, where invasive species of Asian carp would be most likely to enter the Great Lakes basin, via the Chicago Area Waterway System.

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