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.
Report for Great Lakes Protection Fund: Potential Federal Preemption of Laws in
Environmental Law Institute
October 2006

Introduced to the Senate on February 10, 2005, Senate Bill 363 (S. 363, the Ballast Water Management Act) proposes to amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish a national approach for managing invasive species in ballast water. The proposed legislation also includes a declaration that federal ballast water exchange and ballast water treatment standards, implemented by the U.S. Coast Guard, supersede state and local laws deemed inconsistent with federal provisions.

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State Wetland Program Evaluation: Phase II
Environmental Law Institute
June 2006

ELI is currently conducting a multi-phased study designed to describe and analyze seven "core" components of state wetland programs: state laws, regulations, and programs; monitoring and assessment; restoration programs and activities; water quality standards; public-private partnerships; coordination among state and federal agencies; and education and outreach activities.  Each phase of the study examines a cross-section of states representing various approaches to wetland protection and regulation, as well as geographic diversity.

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The Status and Character of In-Lieu Fee Mitigation in the United States
Environmental Law Institute
June 2006

The Status and Character of In-Lieu Fee Mitigation in the United States provides a comprehensive profile of the nation's active aquatic resource in-lieu fee mitigation programs. The report is the first to examine, in-depth, the status and administration of in-lieu fee mitigation in the nation, including detailed discussion of federal in-lieu fee policy and extensive analysis of how in-lieu programs implement such policies. The study was made possible by a generous grant from the U.S. Environmental Protection Agency.

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2005 Status Report on Compensatory Mitigation in the United States
Jessica Wilkinson and Jared Thompson
April 2006

ELI’s groundbreaking mitigation research continues with the completion of the 2005 Status Report on Compensatory Mitigation in the United States. The report, an update of the seminal 2001 Banks and Fees Study, is designed to determine the extent and nature of wetland mitigation banking and in-lieu fee mitigation activities in the nation.

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Considering NEPA: Comments to the National Environmental Policy Act Task Force
James M. McElfish, Jr., Jay Austin, D. Bruce Myers, Jr., Lisa Goldman
February 2006

ELI submitted these comments to the House Resources Committee Task Force on Improving/Updating the National Environmental Policy Act (NEPA) that warn the Task Force’s draft recommendations could have the unintended consequences of increasing NEPA litigation and cutting the public out of important federal decision-making.

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