Research Reports

ELI publishes Research Reports available for free download that present the analysis and conclusions of the policy studies ELI undertakes to improve environmental law and policy. These reports contribute to education of the profession and disseminate diverse points of view and opinions to stimulate a robust and creative exchange of ideas. Those publications, which express opinions of the authors and not necessarily those of the Institute, its Board of Directors, or funding organizations, exemplify ELI’s commitment to dialogue with all sectors.
Climate Science in the Courts: A Review of U.S. and International Judicial Prono
Maria L. Banda
April 2020

Climate change has been the subject of considerable political controversy in the United States, and climate skepticism—or doubts about the basics of climate science—have not been uncommon in the public debate. At the same time, U.S. courts in several recent high-profile cases, including Juliana v. United States and City of Oakland v.

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An ocean background cut in half by a blue wave shape with the ELI Ocean Program Logo and title of report
Environmental Law Institute
April 2020

Building upon last month's fact sheets, we have released more updated numbers analyzing how much of the $16.67 billion has been spent in the Gulf, and how much still remains in NRDA, RESTORE, and NFWF. This month's materials include more detailed breakdowns and updates about the status of restoration project funding through each of the three main federal processes, as well as updated information on how the public can engage in these processes. Visit our publications page to find more resources.

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Practitioners' Guide to Proposed NEPA Regulations
James M. McElfish, Jr.
February 2020

On January 10, 2020, the Council on Environmental Quality published its proposal for a comprehensive rewrite of the National Environmental Policy Act (NEPA) regulations that govern how federal agencies identify, analyze, and mitigate for the anticipated environmental impacts of major federal actions. Comments are due on the proposal by March 10, 2020. This brief guide is in the nature of an issue-spotter to assist commenters and others in determining what changes have been proposed and how they may relate to familiar NEPA regulatory concepts.

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Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing
Rights and Resources Initiative & Environmental Law Institute
February 2020

Clearly defined and legally secure freshwater tenure rights are essential to Indigenous Peoples’ and local communities’ livelihoods and food security, as well as to countries’ efforts to achieve sustainable development priorities and ensure climate resilience. However, the extent of the legal recognition of these rights to water remains largely unknown and unmonitored.

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Tobie Bernstein
January 2020

Particulate matter is one of the most significant air pollutants in terms of public health impacts. Exposure to particle pollution is associated with a range of respiratory and cardiovascular symptoms and diseases, as well as premature death. While the U.S. has achieved notable progress in reducing ambient air pollution over the past several decades, communities throughout the country still experience levels of particle pollution that put people at risk.

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