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.

The Next Generation of Mitigation: Linking Current and Future Mitigation Programs with State Wildlife Action Plans and Other State and Regional Plans

Jessica B. Wilkinson, James M. McElfish, Jr., and Rebecca Kihslinger, Environmental Law Institute; Robert Bendick and Bruce A. McKenney, The Nature Conservancy

August 2009

Download the executive summary.

Establishing a Transboundary Environmental Impact Assessment Framework for the Mekong River Basin

ELI Research staff

July 2009

This report assesses how further development of the Draft TbEIA Framework may be informed by recommended best practices in the field of TbEIA. It also analyzes how the Draft TbEIA Framework relates to the national EIA legislation and/or administrative requirements of the MRC member countries. Section II of this report outlines TbEIA recommended best practices, based on a survey of lessons learned from international, regional, and international financial institution practice.

New Tools for Responsible Shipping in the Great Lakes: Using Financial Responsibility Policies to Prevent Ballast-Borne Biological Pollution

Read D. Porter and Jordan Diamond

July 2009

This white paper identifying financial responsibility tools that could be used to protect the Great Lakes economy and environment from biological pollution introduced in ballast water. The white paper introduces the legal framework governing ballast water discharge, discusses liability for discharge of untreated ballast water, and illustrates how financial responsibility mechanisms can be applied to address the potential liabilities and environmental damage arising from ballast water discharge.

Western Water in the 21st Century Policies and Programs that Stretch Supplies in a Prior Appropriation World

Adam Schempp, Environmental Law Institute

June 2009

Expanding the Use of Ecosystem-Based Management in the Coastal Zone Management Act

Adam Schempp, Kathryn Mengerink, Jay Austin

January 2009

This ELI research report focuses on expanding the role of ecosystem-based management (EBM) in the Coastal Zone Management Act (CZMA), which arguably is the most influential federal law on marine and coastal resources in the U.S., but with few provisions that reflect EBM. This paper identifies sections of the Act poised to adopt EBM and suggests language that could be added to the CZMA. As reauthorization of the CZMA has raised interest in its structure and objectives, this simple idea could have far-reaching effects on the health of this country’s marine and coastal areas.