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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.

At the Confluence of the Clean Water Act and Prior Appropriation: The Challenge

At the Confluence of the Clean Water Act and Prior Appropriation: The Challenge and Ways Forward

Adam Schempp
January 2013

This report (1) details the impact that water quantity law and practice has had on water quality, and likewise water quality rules on water quantity management; (2) analyzes the legal authorities of states and the federal government over water quantity and quality, respectively, and briefly recaps the current state of takings law relevant to appropriative rights and the Clean Water Act; and (3) identifies laws, policies, government structures, and other factors that can advance relationships between, and ultimately the outcomes for, water quality and quantity management. Read More >

National Benefit Sharing Trust Community Guidebook

National Benefit Sharing Trust Community Guidebook

Lynsey Gaudioso, Lisa Goldman and Sandra Nichols
January 2013

ELI has published a guidebook designed to help communities in Liberia develop and implement projects using funds from the National Benefit-Sharing Trust, an entity created by Liberia’s National Forestry Reform Law (NFRL) of 2006. Under the Trust, revenues from the country’s forest sector may be used to help communities develop according to their own priorities. The Trust collects a share of funds from the land rental fees that timber companies must pay the government and sets them aside for communities who are affected by commercial forestry activities. Read More >

Subsidies with Responsibilities: Placing Stewardship and Disclosure Conditions o

Subsidies with Responsibilities: Placing Stewardship and Disclosure Conditions on Government Payments to Large-Scale Commodity Crop Operations

Linda Breggin and Bruce Myers
January 2013

This ELI report recommends that large-scale commodity crop operations that opt to receive any form of federal farm subsidy, including subsidized crop insurance, be assigned responsibility for: putting in place basic measures to reduce water pollution from fertilizer runoff; and disclosing information to the public about the quantity, type, and timing of fertilizers they apply. Runoff from the production of major commodity crops such as corn, soybeans, and wheat can contribute significantly to downstream water pollution. Read More >

Radon in Homes: Strengthening State Policy to Reduce Risk and Save Lives

Tobie Bernstein
October 2012

Radon is the second leading cause of lung cancer and the seventh leading cause of cancer mortality overall. Many states have adopted laws, regulations, and policies that address radon in some fashion, yet stronger measures are needed to accelerate action. Radon in Homes discusses key developments in state policy and highlights opportunities for strengthening policies to reduce risk from indoor radon exposure. Read More >

Wetland and Stream Mitigation: A Handbook for Land Trusts

Wetland and Stream Mitigation: A Handbook for Land Trusts

Jessica B. Wilkinson, Rebecca L. Kihslinger, and Chloe Kolman
September 2012

Developed in partnership with the Land Trust Alliance, this ELI resource was designed to provide land trusts with the tools they need to navigate the federal wetland and stream compensatory mitigation program and evaluate their engagement in the program. Read More >