The TBA Environmental Law Forum will take place Nov. 15 in the Nashville office of Butler Snow. This staple for Tennessee environmental lawyers features government, in-house and private practice attorneys discussing timely topics affecting the practice area. Sessions at this year’s event include endangered species litigation, underground storage tanks, drinking water, Chevron, ethics and more. Do not miss this opportunity to earn CLE while networking with colleagues from across the state. Register now.

The U.S. Supreme Court last week denied an emergency injunction filed by more than two dozen Republican-led states, utilities and others seeking to block new Environmental Protection Agency (EPA) regulations on power plants burning fossil fuels. Opponents argued the EPA restrictions would force the closure of some plants and create power grid instability. The appeals court in the D.C. Circuit previously found the plaintiffs were unlikely to succeed on the merits of their case, and an emergency injunction was unnecessary because compliance deadlines do not begin until 2030. The D.C. court also found the plan did not trigger the “major questions” doctrine mandating agencies seeking changes of major national significance to have clear congressional authorization. Justice Clarence Thomas said he would have granted the stay, while Justices Brett M. Kavanaugh and Neil M. Gorsuch said the applicants have shown a “strong likelihood of success on the merits to at least some of their challenges,” however they voted to deny the stay because the applicants do not need to start compliance work until June of next year. The initiative is one of the Biden administration’s most significant actions to combat global warming. The Washington Post has more.

The U.S. 6th Circuit Court of Appeals (COA) recently issued a temporary stay to permits associated with a natural gas pipeline that would run through Dickson, Houston and Stewart Counties, ABC News reports. The project is proposed by the Tennessee Gas Pipeline Company, a subsidiary of energy infrastructure giant Kinder Morgan. It is part of a larger effort by the Tennessee Valley Authority (TVA) to shut down its current Cumberland City coal-powered plant to replace it with a natural gas combustion plant. TVA is facing similar challenges in East Tennessee regarding its Kingston gas plant. COA judges put the project on hold while the court considers the merits of challenges brought by opponents.

The Tennessee Justice Bus will make stops in several locations over the next 10 days as Celebrate Pro Bono Month comes to a close. On Thursday, the bus will be in Dekalb County at the Upper Cumberland Human Resource Agency in Smithville from 9-11 a.m. CDT for a general legal advice clinic. Later that day, the bus will offer resources at Urban Housing Solutions’ Journeys of Hope meeting in Nashville from 6-7 p.m. On Friday, the bus will be at the Urban Housing Solutions Resource Fair at the Eastwood Court Apartments from 4-6 p.m. in Nashville. On Oct. 29, the bus will be in West Tennessee to participate in an expungement clinic in Decaturville from 10 a.m. to 2 p.m. Get details at the links above.

The TBA’s 36th Annual Health Law Forum took place in the Nashville area last week. Close to 300 attendees heard updates on digital health, cybersecurity, regulatory fraud and abuse and using AI in a health care context. Speakers also provided legislative, case review and ethics updates. The keynote address was delivered by David Higginson, executive vice president of Phoenix Children's Hospital. Section Chair Ian Hennessey, general counsel for Alliance for Multispecialty Research in Knoxville, produced and moderated the two-day event. At the section’s annual meeting and luncheon on Friday, he passed the Section Cup to incoming chair Imad Abdullah, senior vice president and chief legal officer with Regional One Health in Memphis. Members of the section also voted on leadership for the 2024–2025 bar year at the luncheon. Thanks to all who helped plan or speak at the event, which remains the TBA’s highest attended in-person CLE program.

The Tennessee Supreme Court and the Access to Justice Commission has released its 2024 Attorney for Justice list. The honor is given to those in the legal field who reported at least 50 hours of pro bono services helping citizens in Tennessee in 2024. Thank you to all on this list for helping to improve the lives of your fellow Tennesseans. Click here to view the list.

The U.S. Supreme Court this week tackled a case involving a man who was fired from his job as a commercial truck driver for failing a drug test after taking CBD, which he said was falsely sold as lacking the psychoactive ingredient present in marijuana. The court declined to put on hold a new EPA rule targeting carbon pollution from coal- and gas-fired power plants. The justices also gave a Texas citizen journalist a new chance to sue over her arrest, and ordered a new look at Pennsylvania youth gun restrictions.

The Tennessee Department of Corrections 2024 Annual Report shows the state’s prisons are more understaffed and violent than before the pandemic. According to The Tennessean, the report shows the number of guard posts left unfilled increased last year after falling from a high in 2021. Parole and probation officer positions had a much lower vacancy rate in Fiscal Year 2024, but now is the highest it has been since 2014, the earliest year statistic are available. Employment data from Tennessee’s four privately managed prisons are not included in the department’s reporting. In addition, the report found that in all Tennessee prisons, including those privately managed, there were more assaults reported last fiscal year than in any year since 2015.

Voters at 10 to 12 early voting sites in Shelby County reportedly have complained about problems getting touch-screen voting machines to show the candidate they voted for, the Daily Memphian reports. According to Action News 5, Shelby County members of the Legislative Democratic Caucus held a press conference Thursday evening to address the reports. The Shelby County Election Commission refuted claims that any irregularities have occurred, but instructed election officials at all of the sites to make styluses available to all voters. Shelby County Elections Administrator Linda Phillips said in a statement that, "To date, no voting irregularities have been identified." She encouraged voters to "carefully review their ballot before casting it." If voters have concerns, they should request assistance from election officials at the site and not leave the location until they are satisfied they have been able to vote for their choices in all of the races and referendums on the ballot.

Judge S. Curtis Rose recently won a special election to fill the bench of the 2nd Judicial District Circuit Court and was sworn in on Aug. 29 with his family attending the ceremony. "I enjoyed the opportunity to have my family there with me for that moment," Rose said. "One of the special moments that occurred was that my 94-year-old grandmother was able to attend and was also able to vote for her grandson in an election." His grandmother expressed her joy and pride, reminiscing about Judge Rose's grandfather and father, both of whom she said would have been proud of this milestone. Previously, Rose served as a municipal judge in Kingsport. Read more from the Administrative Office of the Courts.