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.
State Wetland Program Evaluation: Phase IV
Environmental Law Institute
October 2007

This report is the fourth and final phase in ELI's multi-year study on the "core" components of state wetland programs (which include: 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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Environmental Law Institute
July 2007

Recent Supreme Court rulings have called into question federal Clean Water Act coverage for certain wetlands and streams. Legislation recently introduced in the House of Representatives would amend the Act to restate and clarify Congress’s intent to regulate the waters of the United States to the fullest extent of its legislative power. The Environmental Law Institute has issued a new white paper that identifies which constitutional powers Congress can rely on to protect the Nation’s waters, and explains in straightforward language what the Supreme Court has said about these powers.

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Where Does the Nano Go? End-of Life Regulation of Nanotechnology
Linda K. Breggin and John Pendergrass
July 2007

The Environmental Protection Agency (EPA) must make key decisions about how to apply the two major end-of-life statutes to nanotechnology waste in order to ensure adequate oversight for these technologies, concludes a new report from the Wilson Center's Project on Emerging Nanotechnologies. However, the report notes that the Agency lacks much of the data on human health and eco-toxicity that form the basis for such determinations, creating some tough challenges ahead in EPA?s decision-making process.

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Strategies for Effective State Early Detection/Rapid Response Programs for Plant
Read Porter
May 2007

Early Detection/Rapid Response (EDRR) is a critical tool for identifying and eradicating introductions of new invasive species and pests. The effectiveness of EDRR largely depends on a supportive legal framework that can facilitate quick action. However, a number of states either lack the appropriate legal framework or contain restrictions (such as on the use of pesticides, or the area/manner in which they can be applied, etc.) that hinder the effective use of EDRR. It is important to understand where these gaps in state authority lie in order to address them at the legal and policy level.

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