The Policy Tracker: October 2016
In 2015 and 2016, the Public Policy Desk on Ballotpedia produced a weekly Policy Tracker to report on major national and state public policy news, covering budgets, civil liberties, education, elections, energy and the environment, healthcare, and pensions. This page contains national and state policy stories from October 2016.
- Public policy news for October 2016
- Epi-Pens (1).JPG
October 17, 2016
Federal judge orders Florida to extend voter registration deadline
- Click to learn more about voting in Florida.
On October 12, federal judge Mark E. Walker ordered Florida election officials to extend the state's voter registration deadline by six days—moving the deadline from October 12 to October 18—in response to Hurricane Matthew. On October 10, Walker had issued an emergency order extending the original deadline by one day, from October 11 to October 12. On October 9, the Democratic Party of Florida filed suit against Gov. Rick Scott (R), arguing in their complaint that a failure to extend the deadline would constitute a violation of the equal protection clause of the United States Constitution and the Voting Rights Act because those citizens who were required to evacuate had fewer days to register than those who were not displaced by the storm. On October 6, Scott maintained that he would not extend the voter registration deadline. "Everybody has had a lot of time to register. On top of that, we have lots of opportunities to vote: early voting, absentee voting, Election Day. So I don't intend to make any changes."[1][2]
Democratic Minnesota governor says ACA "no longer affordable"
- Click to learn more about the recent issues with the health insurance exchanges.
During an October 12 conference addressing Minnesota's individual health insurance market, Governor Mark Dayton (D) commented that the Affordable Care Act (ACA) is "no longer affordable" for residents. Dayton was a strong proponent of the law during implementation and declared a few years ago that the law was working for Minnesotans. According to the Associated Press, he is the "only Democratic governor to publicly suggest the law isn't working as intended." Insurance premiums in the state's individual market will rise by between 50 and 67 percent in 2017, and state regulators have characterized the market as being in "a state of emergency." Dayton called on Congress to correct the law's "deficiencies" and said, "The reality is the Affordable Care Act is no longer affordable for increasing numbers of people."[3]
The health insurance exchanges were created under the ACA, also known as Obamacare, and serve as a platform where individuals without employer-sponsored insurance can browse and purchase plans. Nationwide, rising premiums and fewer health plan choices on the exchanges have led some to question the sustainability of the ACA's model of health insurance, while others have argued that they are part of an adjustment period as insurers learn the new individual market.[4][5]
U.S. Justice Department declines to prosecute EPA employee for mine spill
- Click to learn more about the Gold King Mine spill.
The U.S. Department of Justice will not prosecute an unnamed employee at the U.S. Environmental Protection Agency (EPA) for his involvement in the toxic spill at the Gold King Mine in Colorado in August 2015. The spill occurred when EPA personnel and a company under EPA contract triggered the release of more than 3 million gallons of toxic wastewater into the Animas River in Colorado. Over the last year, the EPA’s Office of Inspector General investigated the employee, who may have broken federal water pollution laws and made false statements to law enforcement officials about the spill. The EPA forwarded its findings to the U.S. attorney for Colorado, who declined to pursue charges against the EPA official. As a result, no one will be criminally prosecuted as a result of the inspector general's investigation, though the office will continue to investigate the incident.[6]
October 10, 2016
South Carolina to have one insurer selling ACA plans in 2017
- Click to learn more about the issues with the health insurance exchanges.
The South Carolina Department of Insurance announced that only one insurer would be selling plans on the state's health insurance exchange in 2017. The department's announcement came after BlueCross BlueShield of South Carolina decided to pull its subsidiary, BlueChoice, off the exchange "to save money by pursuing a 'one-company approach.'" Aetna and UnitedHealthcare decided earlier in the year to pull out of South Carolina's exchange. BlueCross BlueShield will be the only insurer to offer plans on the exchange in 2017. A spokeswoman for the insurer declined to speculate whether it would continue to sell exchange plans in 2018.[7]
Premiums on the exchange will also rise by an average of 27 percent next year. Consumers can purchase plans off the exchange, where they may have more choices but would not receive federal subsidies to cover the cost of premiums. South Carolina is one of five states that will have one insurer offering exchange plans statewide in 2017.[7]
D.C. Circuit Court allows Dakota pipeline to go forward
- Click to learn more about energy policy in North Dakota and South Dakota.
On October 5, federal judges at the U.S. Court of Appeals for the District of Columbia Circuit reviewed a request from the Standing Rock Sioux Tribe to block construction along a section of the Dakota Access Pipeline. On October 9, the court lifted the injunction against construction on the pipeline, which allows the project to move forward. The Dakota Access Pipeline is an approximately 1,170-mile, $3.8 billion crude oil pipeline stretching from North Dakota to Illinois. Construction on the pipeline is 60 percent complete. The construction site in question is near Lake Oahe in South Dakota and includes land with cultural and historical artifacts that the tribe considers important. In court, the Standing Rock Sioux Tribe accused the Army Corps of Engineers, which approved the project, of not sufficiently consulting with the tribe before approving permits for the pipeline. The Corps argued back that the agency adequately consulted with the tribe. On September 9, 2016, a federal judge blocked an injunction requested by the tribe; the injunction would have halted construction on the pipeline. In response, the Army Corps said it would not authorize the pipeline's construction on Corps lands while the agency reconsiders the pipeline's permit.[8][9][10][11]
U.S. EPA allows increased ethanol in gasoline
- Click to learn more about ethanol and the Renewable Fuel Standard.
On October 3, the U.S. Environmental Protection Agency (EPA) proposed allowing an increased amount of ethanol in gasoline—from 10 percent to 30 percent and higher. The rule was issued as part of the Renewable Fuel Standard, which requires a level of corn ethanol and other biofuels in gasoline diesel supplies. The goal of the standard is to reduce carbon dioxide and other greenhouse gases, which are naturally present gases that trap heat in the atmosphere. The EPA’s rule is part of President Barack Obama’s (D) plan to address human-made climate change, the theory that rising greenhouse gas emissions from human activity contribute to changes in the global climate. Ethanol and biofuels emit fewer emissions of carbon dioxide and other greenhouse gases than regular gasoline, but most cars older than model 2001 vehicles cannot process ethanol blends higher than 10 percent, according to the EPA. The rule is designed to allow higher ethanol blends to be sold at the pump for vehicles that can run on a higher blend.[12]
October 3, 2016
Federal judge blocks provisions of Illinois' same-day voter registration law
- Click to learn more about voting in Illinois and same-day voter registration.
On September 27, federal judge Samuel Der-Yeghiayan temporarily blocked a state law allowing for same-day voter registration at polling places in Illinois. In 2014, the Illinois General Assembly adopted the law, which requires counties with populations of 100,000 or more that use electronic books for voter registration records to provide for same-day registration at all polling places. For all other counties, election officials were not required to provide for same-day registration at all polling sites, only at centralized locations, such as county clerks' offices. Opponents, including state Republicans, alleged that these provisions unduly favored voters residing in populous areas, such as Chicago and its surrounding suburbs, providing them with registration opportunities unavailable to voters in more rural areas. In his preliminary injunction order, Der-Yeghiayan said, "The application of this legislation favors the urban citizen and dilutes the vote of the rural citizen. Illinois is made up of more than the Chicago metropolitan area and other high population areas. Equality under the law does not end at the city limits." Meanwhile, proponents of the law, including state Democrats, criticized the order, arguing that it would disenfranchise some voters and cause confusion at the polls on Election Day. Trevor Gervais, an organizer for Common Cause Illinois (a self-described "nonpartisan watchdog group"), said, "To suspend election day registration and suppress the vote less than two weeks before the voter registration deadline will hurt communities across Illinois who were counting on being able to register and vote on November 8."[13][14]
CMS confirms Mylan incorrectly classified EpiPen as generic
- Click to learn more about the Centers for Medicare and Medicaid Services.
On September 29, the Centers for Medicare and Medicaid Services (CMS) released a statement confirming that pharmaceutical company Mylan incorrectly classified its product EpiPen with the Medicaid Drug Rebate Program. The program requires companies to provide rebates to Medicaid in exchange for coverage of their drugs. Mylan classified EpiPen as a generic rather than brand-name drug; rebates under the program are lower for generics than branded products. The incorrect classification had "financial consequences for the amount that federal and state governments spend," CMS said, with states possibly spending millions more than they would have otherwise because they did not receive rebates from the company.[15]
CMS also said that it had previously advised Mylan that its classification was incorrect. A Mylan spokeswoman responded with a public statement that EpiPen was classified as a generic under guidance from the federal government and "has been classified as a non-innovator [generic] since long before Mylan acquired the product." Mylan has been criticized over the past month for raising the price of EpiPen by 500 percent since 2007; a pack of two injectors costs $608.[15]
D.C. Circuit Court hears arguments about Obama climate change plan
- Click to learn more about the Clean Power Plan and climate change.
On September 27, the United States Court of Appeals for the District of Columbia heard arguments about the Clean Power Plan (CPP). The case was handed down to the D.C. court after the U.S. Supreme Court delayed the implementation of the plan in February 2016. The plan is being challenged by a group of 27 states and over 60 utility and energy companies. A total of 18 states and other groups filed "friend of the court" briefings supporting the plan. In an unusual move, the full court reviewed the plan en banc, as opposed to by a panel of three judges. Ten of the 11 judges heard the case; Judge Merrick Garland, a current Supreme Court nominee, recused himself. David Doniger from the Natural Resources Defense Council said after arguments that the "Clean Power Plan had a very good day." On the other side, West Virginia Attorney General Patrick Morrisey, who argued against the plan, said, according to Utility Drive, that he thought the court had agreed with him that the EPA did not have the authority to regulate power plants under section 111(d) of the Clean Air Act, which is the basis for the Clean Power Plan. The D.C. court is expected to release its decision before the end of the year.[16][17]
- The Clean Power Plan, also known as the Environmental Protection Agency's (EPA's) 111(d) rule, is a regulation that would expand the scope of the Clean Air Act to reduce carbon dioxide (CO2) emissions by limiting emissions from power plants. The plan was first proposed by the EPA in June 2014, and the final version was announced by President Obama on August 3, 2015. The plan is considered controversial because of the high cost of compliance for purported benefits and because the plan did not originate in legislation from Congress but rather came from the agency's interpretation of the Clean Air Act.
- Read more about the CPP’s estimated costs and benefits—including its effects on jobs and the economy, human health, and the environment—as well as the cost and reliability of electricity and climate change.
U.S. House passes $5 billion water resources bill
- Click to learn more about drinking water quality.
On September 28, the U.S. House of Representatives passed the Water Resources Development Act by a margin of 399-25. The bill would direct approximately $5 billion to water infrastructure programs, including $170 million in aid to Flint, Michigan, and other cities affected by lead contamination in drinking water. The House bill contains fewer funds for water projects than the U.S. Senate bill, which was passed earlier in September and would provide $10.6 billion for water infrastructure projects. The debate over the bill’s passage centered on whether to provide additional federal funds to Flint, which has experienced a drinking water crisis brought on by lead contamination. U.S. Rep. Dan Kildee (D), who represents Flint, originally requested $220 million for Flint and other cities. The two bills are now headed toward a conference to reconcile the differences between them. According to Politico, lawmakers expect to negotiate a final bill to be voted upon after the November 2016 election.[18]
See also
Public policy in the 50 states
Footnotes
- ↑ The Washington Post, "Florida voter registration extended to next week after Hurricane Matthew," October 12, 2016
- ↑ Miami Herald, "Florida Democrats sue Gov. Scott over voter registration deadline," October 9, 2016
- ↑ Associated Press, "Democrat Dayton: Health law 'no longer affordable' for many," October 12, 2016
- ↑ Kaiser Health News, "Long-Term Stability Of ACA In Doubt As Insurers Continue To Jump Ship," August 17, 2016
- ↑ The Commonwealth Fund, "How Stable Are the ACA Marketplaces?" December 3, 2015
- ↑ Washington Examiner, "EPA employee in Colorado toxic spill will not be charged," October 12, 2016
- ↑ 7.0 7.1 The Post and Courier, "Obamacare customers in South Carolina face fewer choices, higher prices next year," October 4, 2016
- ↑ The Hill, "Federal court reviews tribe's request to halt Dakota pipeline," October 5, 2016
- ↑ CNN, "5 things to know about the Dakota Access Pipeline," August 31, 2016
- ↑ Politico, "Dakota Access has its day in court," October 5, 2016
- ↑ The Atlantic, "The Legal Case for Blocking the Dakota Access Pipeline," September 9, 2016
- ↑ Washington Examiner, "EPA takes surprise steps to increase ethanol in gasoline," October 3, 2016
- ↑ Chicago Tribune, "Judge blocks Election Day registration at Illinois polling places," September 27, 2016
- ↑ Common Cause Illinois, "About Us," accessed October 3, 2016
- ↑ 15.0 15.1 STAT, "Feds slam Mylan for misclassifying EpiPen, with 'financial consequences' to Medicaid," September 29, 2016
- ↑ Utility Dive, "DC Circuit Clean Power Plan hearing will have 10 judges after Pillard drops recusal," September 22, 2016
- ↑ Utility Dive, "Inside the DC Circuit: What happened at the Clean Power Plan's court hearing," September 28, 2016
- ↑ Politico, "Morning Energy - September 29, 2016," September 29, 2016
