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...

This title isn’t inaccurate per se. It merely understates the highly technical and procedural nature of this case. In B.P. v. Mayor and City Council of Baltimore the Supreme Court will decide whether a federal appellate court may review all the grounds upon which a defendant claims its case should not be sent back to state court when only one of the grounds the defendant alleges is specifically listed in federal statute...

CSG Midwest
After 18 months of negotiations, the state of Michigan agreed in August to pay $600 million to individuals and businesses affected by the water crisis in the town of Flint, with close to two-thirds of the money going to children age 6 and under at the time of their first exposure. The crisis in Michigan's seventh-largest city began in 2014, when the town's supply of water was switched to the Flint River, leading to toxic levels of lead in drinking water. The consequences included an uptick in deaths from Legionnaires' disease and lead poisoning among children.
CSG Midwest
The funding of a project to stop the introduction and spread of Asian carp and other aquatic invasive species continues to enjoy bipartisan support in the U.S. Congress, but Great Lakes advocates also see many obstacles in the way of construction and completion.
For the Great Lakes ecosystem and the region's economy, “the stakes are really high,” says Anna-Lisa Castle, water policy manager for the Alliance for the Great Lakes says.
“You think about all of the boating, angling, and tourism and recreation in the Great Lakes, the $7 billion fishing economy,” she says. “And the other thing about [Asian] carp is that they won’t stop there. You could see carp make their way to the waterways that connect to the Great Lakes.”
The next big step in control efforts is the placement of new barriers at Brandon Road Lock and Dam, which is part of the Chicago Area Waterway System, a mix of natural and engineered waterways that connect the Mississippi River and Lake Michigan. This system is the most likely pathway for Asian carp to reach the lake.
In July, the U.S. House passed the Water Resources Development Act (HR 7575), which authorizes the U.S. Army Corps of Engineers’ Brandon Road Lock and Dam project at a cost of $863 million. The U.S. Senate also has passed a measure with authorization language in it.

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...

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