False Advertising Isn't First Amendment-Protected Free Speech, Lawyer Explains in New Paper
Daily KOS
January 27, 2023

Whenever anyone dares to suggest that disinformation is bad, one of the most common knee-jerk reactions is to cry, 'The First Amendment protects freedom of speech!' But the fossil fuel industry's false advertising isn't protected by the First Amendment, and you don't have to take our word for it. . . .

John Nolon: A career in land use law and conservationism
Westchester & Fairfield County Business Journal (by Edward Arriaza)
January 23, 2023

John Nolon, distinguished professor of law emeritus at the Elisabeth Haub School of Law at Pace University, is widely seen as one of the most prominent thought leaders in land use law. The roots of this focus, which fueled a career that spanned decades, can be traced to his childhood on a ranch in Nebraska. . . .

Wetlands are critical infrastructure for coastal areas and species, but they are also integral to the culture of local communities. This week’s episode features Louisiana 4-H’s Wetlands Youth Ambassadors, young leaders working to protect and restore the state’s wetlands. The ambassadors share their personal experiences growing up near and in coastal wetlands, discuss the challenges and opportunities facing Louisiana's wetlands, and their work to raise awareness about the importance of wetlands. 

The California Air Resources Board (CARB) is playing a major role in setting air quality standards across the country and world. Led by Dr. Steven Cliff, the agency works closely with scientists, industry, and other regulatory bodies to create a carbon-neutral California by 2045. In this episode, Dr. Cliff joins Justin Savage and Maureen Gorsen of Sidley Austin LLP to discuss how CARB’s work is considering environmental justice, rethinking and electrifying their transportation infrastructure, and automated driving.

In this podcast episode, Jeffrey Peterson interviews Susan Crawford and Robert Verchick, two noted lawyers who have new books on climate adaptation and coastal resilience published in April 2023. The interview covers a wide range of topics, including the challenges posed by sea-level rise, the importance of social justice in climate adaptation, and the role of law in addressing climate change. 

Drinking water in the United States is among the world’s cleanest and most heavily regulated, yet entire grocery store aisles are dedicated to bottled water. Why is this? In this episode, ELI’s Georgia Ray speaks with Cindy Donis, a community organizer for East Yard Communities for Environmental Justice, and Gregory Pierce, director of the Human Right to Water Solutions Lab within UCLA’s Luskin Center for Innovation. Cindy and Gregory offer background on drinking water contamination in LA County, California, and share what needs to happen at the local, state, and federal level to combat negative perceptions about tap water while ensuring it is indeed safe to drink.

As sovereign nations, a unique relationship exists between Tribal Nations and the U.S. federal government, which is grounded in the U.S. Constitution. An integral component of this relationship is a process known as “government-to-government consultation,” or, colloquially, a “G2G.” In this episode, ELI’s Georgia Ray speaks with Meghan Gavin, a lawyer and partner at Cascadia Law Group, to learn about G2G consultation with Tribes in Washington state, the power dynamic surrounding government relations with Tribal Nations, and how changing environmental conditions impact future consultations. She will also weigh in on how the Biden-Harris Administration’s new policies on consultation impact her work. The episode is part of The Youth Review podcast series. 

Increasingly, independent third parties—better known as “corporate compliance monitors”--are appointed to oversee a company’s compliance following the settlement of a criminal or, sometimes, civil enforcement case. Justin Savage of Sidley Austin LLP, speaks with Ike Adams, a Partner at Sidley Austin, and Michele Edwards and Brad Wilson, both with StoneTurn, a global advisory firm. The trio discuss corporate compliance monitorships, which has been a perennial hot topic in DOJ enforcement, particularly in the environmental space over the last 5 years. The episode is part of The Enforcement Angle series, featuring conversations about state and federal enforcement of environmental laws and regulations with senior enforcement officials and thought leaders on environmental enforcement in the United States and globally.