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The Policy Tracker: September 2016

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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 September 2016.

September 26, 2016

Federal court orders Texas to comply with temporary voter ID remedy

Click to learn more about voting in Texas and voter identification laws by state.

On September 19, a federal judge ordered state officials in Texas to comply with the terms of a temporary agreement regarding enforcement of the state's voter identification law. In July, the United States Court of Appeals for the 5th Circuit ruled that Texas' voter ID law violated Section 2 of the Voting Rights Act. In August, state officials and the law's opponents reached an agreement on how best to remedy the law in light of this ruling. Under the terms of the agreement, the list of acceptable forms of voter identification expanded to include non-photo identification. In early September, however, the federal government filed a motion in federal district court to enforce the agreement, arguing that state officials were misconstruing the terms of the agreement in voter education materials, imposing a harsher standard. Federal judge Nelva Gonzales Ramos agreed and ordered state officials to comply with the agreement and amend their voter education materials accordingly.

ACLU files lawsuit against Colorado Medicaid agency over hepatitis C drugs

Click to learn more about healthcare policy in Colorado.

On September 19, the American Civil Liberties Union (ACLU) filed a lawsuit against Colorado’s Medicaid agency for denying coverage of a class of costly but effective drugs for treating patients with hepatitis C. Like many other state Medicaid programs, the agency restricts coverage of the drugs to enrollees with at least moderate liver damage. The drugs in this class, called Direct Acting Antiviral medications or DAAs, have a cure rate of 90 percent or above, but cost tens of thousands of dollars per person. The ACLU argues that denying coverage of these drugs to Medicaid patients is illegal and seeks a permanent injunction against the policy. The state Medicaid agency said its policy is “reasonable” and that some hepatitis C patients never reach advanced liver damage. Since the introduction of DAAs in 2013, Colorado’s Medicaid agency has approved coverage of the drug for 413 people at a cost of $35.8 million. About 14,400 Medicaid enrollees in the state have hepatitis C. The lawsuit is one of at least six that have been filed against state Medicaid agencies across the country, challenging similar policies.[1][2]

California governor signs bill regulating cow flatulence, hydrofluorocarbons, and soot

Click to learn more about environmental policy in California.

On September 19, California Governor Jerry Brown (D) signed a bill regulating flatulence from dairy cows and other animals, mandating a reduction in hydrofluorocarbons (HFCs, which are organic compounds used in refrigeration and aerosol), and requiring a reduction in soot at landfills. Under the new law, the California Air Resources Board is allowed to regulate bovine flatulence if there are “practical ways to reduce the cows’ belching and breaking wind.” The law is designed to get California to reduce the state’s methane emissions by 40 percent before the year 2030. Methane is a colorless, odorless, flammable, naturally occurring gas that is emitted from natural and human-made sources, including wildfires, volcanoes, livestock cultivation, and natural gas extraction. To justify the new law, Brown cited the theory of human-made climate change and the role that greenhouse gases such as methane may contribute to global warming. Additionally, the law would require a 50 percent reduction of HFCs by the year 2030. Supporters of the bill, including environmental groups, have argued that the law would help reduce pollution that harms human health. Opponents of the bill, including agricultural groups, have argued that the law would force dairy farms to close or move out of state, causing job losses.[3][4]

September 19, 2016

Moody's considers downgrade for New Mexico

Click to learn more about New Mexico state budget and finances.

Moody’s Investor Service has placed New Mexico under review for a possible downgrade of its bond rating. New Mexico currently holds an Aaa bond rating, but state revenue has been lower than expected due to the downturn in the oil and gas industries. Moody’s claims the review is triggered by the state’s recently released revenue estimates, which show a reduction of $348 million in expected revenue in fiscal year 2016 and a $556 million reduction in fiscal year 2017. Moody’s noted in its press release that New Mexico has “a long track record of taking timely action to address budget shortfalls and to maintain adequate reserves” and that the state legislature is expected to convene this month to address the issue. In addition to and as a result of this review, the service also placed four New Mexico public universities under review for downgrades.[5][6][7]

Kansas Supreme Court hears oral arguments in teacher tenure lawsuit

Click to learn more about public education in Kansas.

On September 13, the Kansas Supreme Court heard oral arguments in a lawsuit against a bill passed by the legislature in 2014 that repealed teacher tenure in the state. The Kansas National Education Association argued that the measure had been attached to an appropriations bill, violating a provision in the state constitution that prohibits passing bills dealing with multiple topics. Solicitor General Stephen McAllister countered that the bill did not violate the constitution because it did deal with one topic—education—and that the constitution exempts appropriations bills from the rule. He also argued that the teachers union did not have standing to sue because it failed to show that any teachers had been harmed by the bill.[8]

A lower court had found that the union did have standing to sue, but dismissed the case after finding that the bill did not violate the state's constitution. The teachers union, which initiated the lawsuit, sought to restore tenure for the 34,000 public school teachers in the state.[8]

U.S. Interior Secretary Jewell signs the Desert Renewable Energy Conservation Plan

Click to learn more about federal land policy.

Secretary of the Interior Sally Jewell signed the first phase of the Desert Renewable Energy Conservation Plan (DRECP), which affects land use across 10 million acres of public lands in California. This plan sets aside 388,000 acres of Bureau of Land Management (BLM) land for renewable energy development. The BLM estimated that this land could house enough renewable energy projects to generate 20,000 megawatts of renewable electricity. The plan also sets aside 3.8 million acres for recreation and 5.3 million acres for conservation. David Lamfrom from the National Parks Conservation Association called the plan a major improvement on the status quo. Solar energy industry groups have argued that more land should be opened for renewable energy development. This plan comes on the heels of new legislation in California requiring the state to cut greenhouse gas emissions by 40 percent below 1990 levels by 2030. Supporters of the Desert Renewable Energy Conservation Plan have said the plan will help California meet its emission reduction goals.[9][10][11]

According to the Congressional Research Service, the state of California has a total acreage of 100.2 million acres. Of that total, 47.70 percent, or 47.8 million acres, belongs to the federal government. From 1990 to 2010, the federal government increased its ownership of land in California by 1.6 million acres. The federal government owns between 635 million and 640 million acres nationwide, or 28 percent of the estimated 2.27 billion acres in the nation. Approximately 52.4 million acres in California are not owned by the federal government, which works out to an average of 1.37 acres per capita for the state's 38.3 million residents.[12]

September 12, 2016

U.S. EPA lists Gold King Mine as Superfund site

Click to learn more about the Gold King Mine spill and Superfund sites in the United States.

On September 7, the U.S. Environmental Protection Agency (EPA) listed the Gold King Mine, the site of a major toxic waste spill in Colorado in 2015, as a Superfund site. The EPA maintains a list of uncontrolled or abandoned waste sites under the Superfund program. The spill occurred at an abandoned mine near Silverton, Colorado, in August 2015. EPA personnel and a company under EPA contract triggered the release of toxic wastewater in an attempt to remove such wastewater from the mine. More than 3 million gallons of mine wastewater, including heavy metals and other toxic materials, emptied into the Animas River. The Gold King Mine spill was the highest-profile incident in the area, though the EPA said it had identified acid mine drainage as another waste issue in the region.[13]

Federal government files motion to enforce temporary voter ID remedy in Texas

Click to learn more about voting in Texas and voter identification laws by state.

On September 6, the United States government filed a motion in federal district court to enforce a temporary remedy to Texas' voter ID law, which a federal appeals court struck down in July, finding that the law violated Section 2 of the Voting Rights Act. Under the terms of the temporary remedy, which was agreed to by both state officials and opponents of the state's voter ID law, Texas voters can use voter registration certificates, birth certificates, utility bills, bank statements, government checks, paychecks, and other government documents as identification at the polls if they "cannot reasonably obtain" the forms of identification mandated by state law (known as "SB 14 ID"). The motion read, in part, as follows: "Rather than educating voters and poll officials about opportunities to cast a regular ballot for those who 'do not possess SB 14 ID and cannot reasonably obtain it,' the State has recast that language to limit the opportunity to cast a regular ballot solely to those voters who present SB 14 ID or who 'have not obtained' and 'cannot obtain' SB 14 ID. That standard is incorrect and far harsher than the Court-ordered standard it would displace."[14]

Texas' voter ID law has been the subject of ongoing litigation since it was first adopted. To learn more, see this article.

Judge denies injunction against Dakota Access pipeline construction

Click to learn more about disputes over pipeline construction in the 2016 election.

The Standing Rock Sioux Tribe filed a complaint in federal court asking for an injunction against the pipeline after accusing Dakota Access of intentionally destroying newly discovered archeological artifacts. Judge James Boasberg denied the injunction on September 9, 2016. In his ruling, Boasberg criticized the pipeline permitting process but concluded that an injunction was not warranted. In response to the court ruling, the U.S. Department of Justice (DOJ) and the U.S. Army Corps of Engineers released a joint press release stating that the DOJ would pursue nationwide reforms to address "tribal input into infrastructure-related reviews" and that the Army Corps would not authorize the pipeline's construction on Corps lands.[15] Politico reported that opponents of the pipeline may ask Barack Obama to revoke the Army Corps' permit for the pipeline. According to the article, asking the Corps to revoke its permit would be a "highly unusual request for what would be an even more unusual executive action."[16][17][18][19]

The Dakota Access pipeline is an approximately 1,172-mile crude oil pipeline that some environmental groups are trying to turn "into a Keystone XL-style wedge issue."[16] The pipeline would carry around 470,000 barrels of crude oil a day from North Dakota to Illinois. The Standing Rock Sioux Tribe opposed the construction of the pipeline, arguing that the pipeline "threatens the Tribe's environmental and economic well-being, and would damage and destroy sites of great historic, religious, and cultural significance to the Tribe." According to CNN, the company behind the pipeline, Dakota Access, argued that the pipeline is the "safest, most cost-effective and environmentally responsible way to move crude oil" and that the project would help the United States become more energy independent.[19][17][18][16][20][21]

Protests have taken place at the pipeline construction site. According to CBS News, four private security guards, two security dogs, and 36 protesters have been injured in the protests. Additionally, warrants were filed in Morton County, North Dakota, for the arrest of Green Party presidential nominee Jill Stein and her running mate, Ajamu Baraka, for misdemeanor charges of criminal trespass and criminal mischief. The two allegedly vandalized equipment at a construction site to protest the Dakota Access pipeline. Stein called her actions "civil disobedience." She added, “I hope the North Dakota authorities press charges against the real vandalism taking place at the Standing Rock Sioux reservation: the bulldozing of sacred burial sites and the unleashing of vicious attack dogs."[22]

September 6, 2016

Federal government reaches settlement on listing nine species under Endangered Species Act

Click to learn more about Endangered Species Act litigation and listing a species.

On August 30, the U.S. Fish and Wildlife Service reached a settlement with the Center for Biological Diversity (CBD) requiring the agency to consider the listing of nine species under the Endangered Species Act before the year 2020. The CBD sued the Fish and Wildlife Service in March 2016, alleging that the agency missed legal deadlines to list the species despite the agency’s previous findings that the species warranted federal protection. One of the first species to be considered is the Northern Rockies fisher, a cat-sized weasel that inhabits Idaho, Montana, and Wyoming. The agency must make a listing decision by October 2017. Another species is the alligator snapping turtle, which inhabits Florida. A decision on the turtle must be made before 2020. Other species include the California spotted owl, the Beaverpond marstonia (a freshwater snail), the foothill yellow-legged frog, and the cobblestone tiger beetle, among others. The settlement must be approved by Judge Emmet G. Sullivan before going into effect. Proponents of the settlement have argued that the lawsuit was necessary to compel the agency to act on listing species that warrant federal protection. Opponents of the settlement have argued that the lawsuit represented another attempt by environmental groups to set endangered species policy via suing and settling with the federal government.[23]

SCOTUS declines to intervene in North Carolina voting law case

Click to learn more about voting in North Carolina and voter identification laws by state.

On August 31, the United States Supreme Court denied North Carolina's request for a stay of an appellate court decision that overturned a 2013 election reform law establishing a photo ID requirement for voters. The 2013 law reduced the number of early voting days, prohibited same-day voter registration, eliminated pre-registration for teenagers, and established a photo identification requirement for voters. The law was upheld by a federal judge in April, but the United States Court of Appeals for the 4th Circuit overturned that decision in July. The Fourth Circuit found that the law had been enacted with racially discriminatory intent. The court's opinion read, "In North Carolina, restriction of voting mechanisms and procedures that most heavily affect African Americans will predictably redound to the benefit of one political party and to the disadvantage of the other. As the evidence in the record makes clear, that is what happened here." State officials had petitioned the United States Supreme Court for a stay of that ruling and requested that the high court intervene and allow the state to enforce its voter ID requirement, maintain 10 days of early voting (as opposed to the 17 mandated by the Fourth Circuit), and eliminate pre-registration of 16-year-olds. The high court voted 4-4 on the matter, thereby allowing the Fourth Circuit's decision to stand.[24][25]

Moody's warns Illinois of potential credit downgrade

Click to learn more about Illinois state budget and finances.

On August 31, Moody’s Investor Services released a report about Illinois’ finances, warning the state that its failure to pass a full budget could more than double the state deficit and result in credit downgrades. The report warned that if the state borrowed from debt service funds to finance state programs and services, it would “signal a deterioration in Illinois’ credit position.” Illinois lawmakers have passed a stop-gap budget to continue functioning, but they have not approved a full budget for the fiscal year. The legislature is not expected to do so until after the November elections. Moody's has already downgraded Illinois’ rating this year, down to Baa2, as a result of the budget impasse.[26]

See also

Public policy in the 50 states

Click your state for an overview of policy information in your state.
http://ballotpedia.org/Public policy in STATE


Footnotes

  1. ↑ Denver Post, "ACLU sues Colorado Medicaid over denial of treatment for thousands of hep C patients," September 19, 2016
  2. ↑ American Civil Liberties Union, "Class Action Complaint - Robert Cunningham v. Susan E. Birch," September 19, 2016
  3. ↑ Fox News, "Cow farts can now be regulated in California," September 20, 2016
  4. ↑ CBS News, "California law targets greenhouse gases from cows, landfills," September 19, 2016
  5. ↑ Moody's Investor Service, "Moody's places New Mexico's Aaa G.O. rating under review for possible downgrade," September 12, 2016
  6. ↑ Albuquerque Journal, "Moody’s considers downgrading NM bond rating," September 14, 2016
  7. ↑ Moody's Investor Service, "Moody's Places Four New Mexico Public Universities Under Review for Downgrade," September 14, 2016
  8. ↑ 8.0 8.1 Lawrence Journal-World, "Teachers union asks Kansas Supreme Court to restore tenure," September 13, 2016
  9. ↑ The Press Enterprise, "Here's how Interior Secretary Sally Jewell made desert environmentalists happy and upset energy developers," September 15, 2016
  10. ↑ Desert Renewable Energy Conservation Plan, "Welcome to DRECP," accessed September 14, 2016
  11. ↑ Desert Renewable Energy Conservation Plan, "Fact Sheet," accessed September 14, 2016
  12. ↑ Congressional Research Service, "Federal Land Ownership: Overview and Data," accessed September 15, 2014
  13. ↑ The Hill, "EPA names Gold King Mine a Superfund site," accessed September 12, 2016
  14. ↑ United States District Court for the Southern District of Texas, "Veasey v. Abbott: United States Motion to Enforce Interim Remedial Order," September 6, 2016
  15. ↑ The United States Department of Justice, "Joint Statement from the Department of Justice, the Department of the Army and the Department of the Interior Regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers," September 9, 2016
  16. ↑ 16.0 16.1 16.2 Politico, "Floor time for Flint-aiding WRDA bill," September 8, 2016 Cite error: Invalid <ref> tag; name "PDAPL" defined multiple times with different content
  17. ↑ 17.0 17.1 United States District Court for the District of Columbia, "Standing Rock Sioux Tribe, et al., U.S. Army Corps of Engineers, et al., Civil Action No. 16-1534 (JEB)," September 9, 2016
  18. ↑ 18.0 18.1 United States District Court for the District of Columbia, "Standing Rock Sioux Tribe, et al., U.S. Army Corps of Engineers, et al., Complaint for Declaratory and Injunctive Relief," July 27, 2016
  19. ↑ 19.0 19.1 CNN, "5 things to know about the Dakota Access Pipeline," August 31, 2016
  20. ↑ The Atlantic, "The Legal Case for Blocking the Dakota Access Pipeline," September 9, 2016
  21. ↑ Energy Transfer Partners, L.P., "Frequently Asked Questions," accessed September 9, 2016
  22. ↑ CBS News, "Warrant out for Green Party presidential candidate Jill Stein's arrest in ND," September 7, 2016
  23. ↑ Yahoo News, "Settlement forces US to decide whether 9 species endangered," August 30, 2016
  24. ↑ Election Law Blog, "Breaking: #SCOTUS 4-4 Tie in NC Voting Case Leaves Lower Court Ruling in Place and Shows Us Power of Appeals Courts Post-Scalia," August 31, 2016
  25. ↑ United States Court of Appeals for the 4th Circuit, "North Carolina State Conference of the NAACP v. John Doe 1," July 29, 2016
  26. ↑ Chicago Sun Times, "Moody’s warns no state budget may mean further credit downgrades," August 31, 2016
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