The U.S. Supreme Court on Thursday ruled that sewage plants and other industries cannot avoid environmental requirements under landmark clean-water protections when they send dirty water on an indirect route to rivers, oceans and other navigable waterways. The decision stems from a Hawaii case about whether a sewage treatment plant needs a federal permit when it sends wastewater deep underground, instead of discharging the treated flow directly into the Pacific Ocean. Rejecting the Environmental Protection Agency’s views, the justices voted 6-3 that discharge of polluted water into the ground, rather than directly into nearby waterways, does not relieve an industry of complying with the Clean Water Act. The Nashville Ledger has the full story from the Associated Press.  

The average scaled score for the multistate bar exam dropped to a new low for February test takers, raising concerns that bar pass rates will also drop, the ABA Journal reports. This year’s score was 132.6 compared to the February 2019 score of 134. The decrease was due to lower performance by likely repeat test-takers, who represented more than two-thirds of those taking the test in February. Last year’s average July score was 141.1, an increase of 1.6 points from the previous year, marking the largest year-over-year July increase since 2008.

House Minority Chair Mike Stewart, D-Nashville, is calling for Gov. Bill Lee to waive weekly unemployment certifications for hundreds of thousands of Tennesseans, the Daily Memphian reports. The request is an attempt to take the burden off the state’s claims system, which went offline for four hours earlier this week. The Department of Labor and Workforce Development seems set to reject the request, with Commissioner Jeff McCord calling the certifications “essential” and mandated by the federal government. However, Stewart argues the governor has the power to “sweep away” legal requirements during an emergency. The state has received 324,000 new unemployment claims since March 16, but as of Wednesday had only distributed benefits to 210,000 people.

Attorney General Herbert H. Slatery has joined a bipartisan coalition of 34 attorneys general in recommending actions to help homeowners who have been affected by the COVID-19 pandemic. The group sent letters today to the Federal Housing Finance Administration (FHFA) and the Department of Housing and Urban Development (HUD) applauding federal efforts to suspend evictions and foreclosures, but urging more action be taken. The letters make three recommendations for FHFA and HUD: revise forbearance programs so missed payments are automatically placed at the end of the loan’s term; expand eligibility for disaster relief loss mitigation programs; and clarify that the moratorium on foreclosures and evictions applies to all aspects of the foreclosure and eviction process. Read more from the AG’s office.

COVID-19 Response: 60 Minutes of Legal and Regulatory Hot Topics for Healthcare Providers is a new installment in the TBA’s on-demand webcast series, Navigating the Pandemic. This CLE program features a panel of regulatory, privacy and transactional practitioners who address the torrent of legal and regulatory changes, supplemental payment programs and telehealth and privacy concerns stemming from the ongoing response to the COVID-19 pandemic. The program is good for one general CLE credit and available now on the TBA’s website.  

Sevier County lawyer Maria Grace Dajcar today received a public censure from the Tennessee Supreme Court. Dajcar was found to be in violation of Rule of Professional Conduct 1.1, safe keeping funds, and was censured with the condition that she return $10,000 to her client within 180 days. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Law.com has embarked on a yearlong investigation into mental health across every sector of the legal profession, shining a light on mental health, addiction, stress and well-being; ways to destigmatize the issue; and methods to effectuate change. Among the resources available are expert commentaries, including a piece by Patrick Krill, founder of Krill Strategies, a behavioral health consulting firm focused on the legal industry. In a recent article, Krill encourages lawyers to take the time to develop strong habits to deal effectively with stress and anxiety — both to deal with the current crisis but also to be prepared for the rest of the year, which could bring additional tensions and divisions given national political events.

The 18th Edition of the Alimony Bench Book is now available. Published by the TBA’s Family Law Section, the book provides a ready source for dealing with alimony cases in Tennessee. Visit the TBA Shopping Center to purchase an electronic or hard copy version. Family Law Section members may access the publication at no charge through the section's eCommunity page. Want that same access? Join the section by logging into your account.

Attorney General Herbert H. Slatery III and North Carolina Attorney General Josh Stein are leading a bipartisan group of 27 attorneys general in urging the Federal Communications Commission and the telecommunications industry to extend commitments to protect consumers struggling financially during the pandemic. In a letter to the FCC, the group expresses appreciation for the industry's quick action to waive late fees, open Wi-Fi hotspots, and not terminate service for nonpayment. But they argue the original commitment of 60 days is not long enough as Americans continue to rely on the Internet and telecommunications systems for work and school, and to stay informed and safe.

Three lawsuits have been filed against Chattanooga Mayor Andy Berke and the city, all alleging the city violated Constitutional rights by temporarily banning drive-in church services to stop the spread of COVID-19. Berke since has removed the ban and said he would allow drive-in services. The suits, filed by Metropolitan Tabernacle Church and two individual residents, allege violations of the right to the free exercise of religion, to assemble and to free speech. Read more from the Times Free Press.