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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.

Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing

Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing Indigenous Peoples’ and Local Communities’ Rights to Freshwater (Summary Brief)

Rights and Resources Initiative & Environmental Law Institute
August 2019

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. Read More >

Funding for Environmental Assessment and Remediation at Child Care Facilities: A Review of Selected Resources

Environmental Law Institute
July 2019

Environmental site hazards at a child care facility may arise from contamination of the air, soil, or water caused by historical uses of the property or nearby activities. Identifying and remedying site hazards before a child care facility is licensed, as well as during facility operations, can help prevent and reduce harmful exposures to staff and children. Read More >

In-Lieu Fee Mitigation: Review of Program Instruments and Implementation Across

In-Lieu Fee Mitigation: Review of Program Instruments and Implementation Across the Country

Environmental Law Institute and Institute for Biodiversity Law and Policy, Stetson University College of Law
July 2019

In-Lieu Fee (ILF) mitigation is one of the three primary mechanisms—along with mitigation banks and permittee responsible mitigation—that permittees can use to satisfy compensatory mitigation requirements. Through an ILF program, a permittee may satisfy their legal obligations under the 2008 Compensatory Mitigation Rule by purchasing credits from the program “sponsor”—a government or non-profit natural resources management entity—who then uses the funds to restore, enhance, or protect wetlands and streams. Read More >

Giving Green Streets the Green Light: Improving Water Quality Through Capital Im

Giving Green Streets the Green Light: Improving Water Quality Through Capital Improvement Policies

Cynthia R. Harris and Christina Libre
June 2019

The vast majority of assessed water bodies across the United States are designated as impaired. Cities contribute to the problem with stormwater runoff from roads, buildings, sidewalks, and other impervious surfaces polluting our rivers, lakes and streams. Indeed, many localities are on the hook to meet a gamut of regulatory requirements, from MS4 permits to TMDLs in order to reduce polluted runoff. Read More >

A History of EPA's Regulation of Pesticide Use on Cannabis

April 2019

In recognition of the numerous sustainability challenges linked to cannabis cultivation, the Environmental Law Institute’s Innovation Lab teamed up with pesticide law and cannabis law experts to create multiple educational brochures demystifying the confusing regulatory landscape of pesticide use on cannabis. Read More >