CSG South Launches Permitting Reform Federal Affairs Initiative

JANUARY 25, 2024, ATLANTA, GA — The 2023-2024 Council of State Governments, Southern Region (CSG South) Chair, Senate President Craig Blair, West Virginia, announced his 2024 Chair’s Initiative: Permitting Reform.

In an increasingly stagnant federal landscape, the united voice of the leaders of the states of CSG South can leverage their collective strength and advocate on national issues such as permitting reform, federal mandates tied to federal funding, energy independence, and energy resilience.

“Our goal is to light a fire under our colleagues at the federal level and lead by example by passing bipartisan resolutions all over this country urging good faith work across the aisle on this critical issue,” said Blair of his Chair’s Initiative. “This permitting reform federal affairs initiative draws attention to the overly regulated, slow-moving federal permitting processes that inhibit economic development, job growth, energy innovation, and the ability of states to update aging infrastructure.”

Senate President Blair sponsored Senate Concurrent Resolution 16, passed by the West Virginia Senate on Monday, January 15, and the House of Delegates on January 24, to urge the federal government to enact much-needed reforms to federal permitting policies to accelerate the deployment of new energy infrastructure.

“We’re on our way to a crisis in this country, and unless our Congress acts to reform these permitting laws, we’ll all be seeing higher costs and fewer jobs,” said West Virginia House of Delegates Speaker Roger Hanshaw. “We simply cannot afford any more limitations to our energy infrastructure, and if Congress refuses to do something, it will be a direct line from their inaction to rolling blackouts, national security risks, and even more crumbling infrastructure throughout the country.”

Through a federal affairs-focused survey conducted by CSG South in the fourth quarter of 2023, permitting reform was identified as the top issue of interest to state leaders in the Southern region. Lindsey Gray, CSG South Regional Executive Director, stated, “At the direction of the Senate President Craig Blair and the Executive Committee, CSG South will support the 15 states within the Southern region and carrier forward a unified voice regarding the issue of permitting reform for the states we serve.”

About CSG South

Established In 1947, The Council of State Governments Southern Office (CSG South) is a nonprofit, nonpartisan organization that exists to support members in all three branches of state government. At CSG South, we act as an extension of state government, fostering the exchange of insights and ideas to help state officials and staff shape public policy and create problem-solving partnerships.
The mission of CSG South is to promote and strengthen intergovernmental cooperation among its 15 member states: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
Legislative leadership, members, and staff depend on CSG South to identify and analyze solutions for the most prevalent and unique policy issues facing Southern state governments. We facilitate outreach in state capitols, leadership development, staff exchange programs, domestic and international policy delegations, and other efforts to support state policymakers and legislative staff to build stronger, more prosperous states.

See More Here:

Blair calls on federal government to reform energy permitting process – WV MetroNews

W.Va. Senate President Craig Blair, Council of State Governments (CSG) South launch permitting reform federal affairs initiative – West Virginia Press Association (wvpress.org)

West Virginia Senate passes resolution in support of federal permitting reform

CSG South launches permitting reform federal affairs permitting reform | WV Legislature | wvnews.com

West Virginia Senate Calls for Reform in Federal Energy Permitting Policies (bnnbreaking.com)

Senators: Liquefied Natural Gas Pause Hurting W.Va. – West Virginia Public Broadcasting (wvpublic.org)

Blair calls on federal government to reform energy permitting process | Metro Valley (spotonwestvirginia.com)

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CSG South Senior Policy Analyst Cody Allen Presented to the Tennessee Higher Education Commission on Legislative Trends in Higher Ed.

On Thursday, January 25, CSG South Senior Policy Analyst Cody Allen attended the Tennessee Higher Education Commission’s (THEC) Winter Quarterly Meeting presenting on Southern state legislative trends in higher education policy. His presentation to this state commission focused on national and regional trends, including direct and statewide admissions policies, military and veteran-friendly campuses, enrollment and retention measures, campus food deserts, and the growing world of artificial intelligence policy in education. Notably, with the THEC staff presenting on food insecurity on campuses across the state, his presentation touched on recent proposals and laws in Texas, Virginia, and West Virginia to establish Hunger-Free Campuses. These states took various approaches to address this critical issue, whether providing start-up funding, removing restrictions to allow students to donate meal plan credits, or creating competitive grant programs to incentivize institutions and community organizations to partner on food pantries. These efforts, along with others to provide housing assistance or protections for pregnant and parenting students, represent new efforts to support students holistically – and increase retention and enrollment – given the continued issue of low enrollment, even with more widespread free and reduced-cost higher education opportunities. Additionally, Allen praised the commission for its strong legacy of regional leadership in higher education, as evidenced by its winning the CSG South State Transformation in Action (STAR) Award three years in a row from 2017 to 2019.* He closed by highlighting the ongoing work to restrengthen higher education by eliminating silos and aligning all postsecondary options to provide students with flexible and affordable education pathways.

Download the presentation here:

Click Here

*For more information on the STAR Award program and application instructions, please visit here.

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Pending SCOTUS Cases Could Strengthen Call for State Action on Climate and Energy in 2024

 

This year, the Supreme Court is set to hear two major cases over fishing rules that could impact the federal government’s broader ability to interpret and implement regulations in Loper Bright Enterprises v. Raimondo and Securities and Exchange Commission (SEC) v. Jarkesy. Depending on whether the Court decides to restrict the executive powers of federal agencies in these cases, we may see greater calls for state action in 2024 and beyond on issues relating to the energy transition and climate change.

At stake in both cases is the fate of the so-called “Chevron deference” doctrine—first articulated in the landmark 1984 decision of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and cited in thousands of cases since its first issuance. The doctrine, which stipulates that courts should defer to reasonable federal agency interpretations of ambiguous laws, has served as a linchpin in administrative law and has set the terms governing the relationship between regulatory bodies and the judiciary. In essence, the doctrine prioritizes federal agencies’ technical expertise and experience when questions of interpretation present challenges to federal regulations, their implementation and their enforcement.

Now, nearly four decades years after its issuance, the Chevron doctrine is being challenged in Loper against the backdrop of the fishing industry’s opposition in Rhode Island and New Jersey to a regulation introduced in 2020 by the National Marine Fisheries Service. Relying on a present interpretation of a 1976 maritime law, the regulation requires industry vessels to carry and pay the salaries of overfishing monitors. A companion case, Relentless Inc. v. Department of Commerce, similarly originates from disputes over fishing regulations. In both cases, the Court’s rulings on the constitutionality of this now decades-old precedent will therefore have wide-reaching effects. As Solicitor General Elizabeth B. Prelogar stated in her amicus brief to the Court, “Overruling Chevron would be a convulsive shock to the legal system.”

What could these rulings mean for states? Where environmental regulations are concerned, the Court’s decision could, for instance, dramatically rein in the Federal Energy Regulatory Commission (FERC) as the nation’s chief regulator of electricity and natural gas transmission, placing a greater regulatory onus on states. By affecting FERC’s ability to use precedent to act decisively on climate change, these rulings could shift power from federal agencies to Congress and the courts. Crucially, they could also alter the balance of power between federal and state regulators in determining the cost of new fossil fuel infrastructure as global temperatures rise.

In a securities case, Jarkesy, the Supreme Court may hinder FERC—along with other federal regulators—from enforcing its own rules as it reviews the SEC’s authority to use in-house judges to handle regulatory enforcement proceedings. Depending on how the Court rules, the decision’s impacts could reverberate through FERC, the EPA, and other federal agencies that rely on in-house courts to adjudicate matters related to implementing and enforcing environmental regulations.

With federal regulators’ power to regulate emissions under threat, it may become more necessary than ever in 2024 for state governments to collaborate on regional solutions to climate change, environmental stressors, and the energy transition.

The Court’s rulings are expected sometime this summer.