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.
Prioritizing Future Floodplain Acquisitions (Cover)
Environmental Law Institute, University of North Carolina Institute for the Environment
December 2017

This guide provies local governments and communities with ideas for proactively planning floodplain acquisitions and related projects in order to maximize community benefits. Understanding that mitigating risk and getting people out of harm's way are the main objectives of such projects, floodplain buyouts also provide opportunities for restoring habitat, improving resilience, and creating outdoor or recreation opportunities.

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Green Infrastructure for Chesapeake Stormwater Management: Legal Tools for Clima
Cynthia R. Harris & James McElfish
August 2017

One of the greatest impacts of climate change on the Chesapeake Bay watershed will be stormwater management. The Chesapeake region is in the position to take national leadership on the issue of climate change impacts to our vulnerable coastal communities. Rather than resorting to retreat, or relying on conventional stormwater strategies already proving ineffective, the people of Maryland and Virginia have an opportunity to demonstrate their resiliency in the face of change.

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Legal Risk Analysis for Sea Level Rise Adaptation Strategies in San Diego
David Roche, Teresa Chan, Rebecca Kihslinger
June 2017

Adapting to sea level rise raises significant legal questions for local governments, especially in California. On the one hand, taking action could decrease risk to the community, but increase litigation risk from aggrieved property owners or public interest groups, depending on the nature of the action. On the other hand, a local government could decide not to act, exposing people and infrastructure to excess risk, while potentially exposing itself to litigation if the lack of action causes harm to individuals or public trust property. Risk is thus unavoidable.

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Legal Risk Analysis for Sea Level Rise Adaptation Strategies in San Diego: Execu
David Roche, Teresa Chan, Rebecca Kihslinger
June 2017

Sea level rise raises significant legal questions for local governments, especially in California. On the one hand, taking action could decrease risk to the community, but increase litigation risk from aggrieved property owners or public interest groups, depending on the nature of the action. On the other hand, a local government could decide not to act, exposing people and infrastructure to excess risk, while potentially exposing itself to litigation if the lack of action causes harm to individuals or public trust property. Risk is thus unavoidable.

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Long grass and a tree overlooking a water with land in the distance
David Roche, Teresa Chan, Azi Akpan
May 2017

In the coming decades, billions of dollars will go to Gulf of Mexico restoration projects through processes set up after the Deepwater Horizon (DWH) oil spill. Hundreds of projects have already been approved, and many more are on the way. As the deluge of projects begins, it’s essential to take a step back and ask a simple question: What makes for a “good” restoration project?

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