Resource Management Betters Peacebuilding
Author
Carl Bruch - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
6
Parent Article
Carl Bruch

The Institute’s innovative environmental peacebuilding program integrates natural resource management with conflict prevention, mitigation, resolution, and recovery to build resilience in affected communities. Pioneered by ELI, this field of scholarship and practice now builds on decades of work by the Institute and others.

In the early 1990s, ELI led a diplomatic effort in the Gulf of Aqaba, bringing together Israelis, Egyptians, Jordanians, Saudis, and others to develop a regional vision for protecting the region’s fragile environment. The collaboration was codified in the 1994 Israel-Jordan Peace Treaty.

Later in the decade, the Institute coordinated a global assessment of the state of legal, scientific, and economic approaches to addressing the environmental consequences of war. The research informed the United Nations Compensation Commission as it adjudicated environmental claims against Iraq for its illegal invasion and occupation of Kuwait in the 1990-91 Gulf War.

In 2004, ELI engaged with Liberia to reform its forestry sector. The UN Security Council had imposed sanctions on the nation’s timber, and the Institute helped Liberia’s government, civil society, and partner organizations develop a common vision and a revised legal framework to restore the country’s forestry sector.

In the process, ELI introduced notice-and-comment rulemaking to Liberia (which is now a requirement for all forestry-related regulations), and then became involved in building the capacity of government, civil society, and communities to deal with environmental problems.

As a result of this work, ELI realized that operating in these conflict-affected settings differed substantially from that in other developing countries, and furthermore that there was then little analysis about how conflict dynamics should shape assistance to those countries.

With UN Environment, the University of Tokyo, and McGill University in Canada, ELI led a global initiative to take stock of experiences in post-conflict peacebuilding and natural resource management. The ensuing 150 case studies and analyses in six edited books runs to 3,900 pages — an unprecedented body of knowledge on these issues.

ELI and UN Environment have since been incorporating their learning into operational guidance for United Nations bodies, the African Development Bank, and other institutions. That scholarship and experience also has informed ELI’s technical assistance and capacity building in Lebanon, Timor-Leste, South Sudan, Sierra Leone, Myanmar, Colombia, Jordan, and other fragile and conflict-affected countries.

The ramping up of environmental peacebuilding in ELI’s policy portfolio over the years eventually led to the development of an enduring conceptual and institutional framework that brings together people from varied disciplines and geographies. The Institute created the Environmental Peacebuilding Knowledge Platform (environmentalpeacebuilding.org), the Environmental Peacebuilding Community of Practice (with more than 3,700 members globally), a biweekly Environmental Peacebuilding Update (now in its sixth year), and the Al Moumin Award and Distinguished Lecture for thought leadership in environmental peacebuilding.

More recently, the Institute supported the UN’s International Law Commission in codifying international law protecting the environment in periods before, during, and after armed conflict. ELI staff briefed the UN Security Council.

And ELI and partners delivered a massive open online course on Environmental Security & Sustaining Peace, with 17,000 people from 176 countries enrolling in the course in 2018 and 2019. ELI and partners launched the Environmental Peacebuilding Association, a professional society with individual and institutional members in more than 55 countries. In October, the association convened the First International Conference on Environmental Peacebuilding, marking a pivot point as ELI and partners transition to a more integrated and enduring suite of efforts to learn, build capacity, and improve practice.

Publications Track, and Educate, the Field
Author
Rachel Jean-Baptiste - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
6
Parent Article
Rachel Jean-Baptiste

As did the professionals who had just put a man on the moon a few months earlier, the attorneys who founded the Environmental Law Reporter approached their efforts with creativity, energy, and the will to get things done. In those days, type had to be painstakingly set in hot metal, cases and materials were only available in physical form, and photocopiers were rare. The service eventually expanded to more than half a dozen red binders, which became the effective logo of ELR for decades.

While ELR enters its 50th volume year in January, the wall of binders is now a thing of the past. All 50 years of the service is offered online — more than 13,000 cases, 2,900 articles, and 5,000 guidance and policy documents, to name just a few of the items in ELR’s massive collection.

When the first issue hit the streets, the National Environmental Policy Act was an infant and the Environmental Protection Agency had just been created the previous month. The alphabet of environmental acronyms we think of today — CWA, CAA, CERCLA, ESA, RCRA — unfolded only later, during the 1970s and 1980s. Thanks to the foresight of ELI’s founders, the predecessors of today’s ELR editorial staff were there from the very beginning, witnessing and reporting on an entirely new field of law. And it worked, too, with ELR’s early successes providing ELI the resources to become the research and educational powerhouse of today.

As the needs of the environmental bar increased, the staff of ELR soon found themselves in the book publishing business, releasing “deskbooks” on a variety of statutes — huge, comprehensive volumes that became a must-have for practicing environmental attorneys then and now. Other titles focused on practical and cutting-edge issues alike. Now publishing books under the ELI Press imprint, ELR staff continue that work today.

Even as some of what we now consider the traditional environmental laws became more settled in the late 1990s and early 2000s, ELR continued to educate the bar while providing a space for environmental professionals to share new ideas and approaches to environmental law, policy, and regulation via the monthly News & Analysis legal journal.

There has never been a shortage of topics to cover and uncover, be they proposals for addressing climate change, the pros and cons of market-based tools, implications of agricultural biotechnology, or legal impediments to raising backyard chickens.

As the internet caused many publications to rethink and reshape their organizational structures, if not close up shop, times became tough for ELR as well. The publication transitioned from the red binders only in stages, first through the Lexis and Westlaw services, later in a CD-ROM edition, and only then onto the web. Maintaining a subscriber base was, is, and will always be a challenge for a niche publication like ELR, a service that was considered to be fundamental to the viability of environmental law at the time of the Institute’s founding — and it is still filling that role today. But the menu of options provided has changed considerably over the last half century.

And of course you are holding in your hands a copy of The Environmental Forum, whose 40th anniversary is coming soon. TEF is the magazine for professionals in all aspects of law, policy, and management in the environmental sphere, including not only attorneys but scientists, engineers, economists, and a bunch of other specialties in its broad ambit.

TEF was founded by respected journalist Bud Ward, a groundbreaker in covering environmental news. He edited the publication for its first four years, when it was in a monthly subscription format. Today, it is the bimonthly membership magazine of the ELI Associates Programs, which draw together the entire environmental profession.

Since Ward’s day, TEF has continued to keep professionals abreast of the cutting-edge issues of tomorrow, filling his vision of a magazine that would be read by decisionmakers in Washington and statehouses around the nation as well as members of the business community and the environmental bar.

Creating an Environmental Solution-Seeker
Author
Kasantha Moodley - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
6
Parent Article
Kasantha Moodley

One of the defining societal and cultural features of the past several decades has been the rapid pace of innovation. It seems that almost daily a new life-changing idea is brought forward. Technologies that once seemed like science fiction are quickly becoming reality. Artificial intelligence promises to make our machines smarter, biotechnology is quickly revolutionizing the way we view food, the digital economy has changed our very conception of a marketplace. The list goes on.

Each of these innovations brings new environmental challenges. The possibility always exists, however, to transform challenge into opportunity. In 2016, ELI established the Technology, Innovation and the Environment Program to advance thinking along these new frontiers. In 2018, the TIE program was reimagined, transforming into the ELI Innovation Lab.

The Lab identifies new environmental opportunities by exploring technological and scientific breakthroughs, piloting novel solutions, and engaging passionate collaborators. Current initiatives span a wide swath of topics that promise to improve environmental performance into the future.

The Lab’s active interest in the environmental impacts of next-generation technologies has led to the development of a global inventory of bioengineered products, a research collaboration on the digital economy, and a student partnership on 3D printing. The future looks bright from the Lab’s perspective, and ELI staff are actively planning how to make that happen.

The Lab is equally focused on engaging the public as the nature of environmental problems and their solutions changes. For instance, the Lab recently established a citizen-science law-and-policy working group with Harvard’s Law School to facilitate an understanding of the regulatory frameworks that influence the activities of citizen scientists and to determine the impact of citizen science on public and private governance.

Along similar lines, the Institute produced sustainability-focused materials for legal cannabis cultivators who experience a fragmented regulatory framework that makes compliance with environmental regulations difficult.

Strengthening environmental governance among networks of small businesses is of specific interest to the Lab, and we are starting locally. ELI is working with the DC Women Business Center to recognize female-owned businesses for their environmental ingenuity. This Environmental Entrepreneur of the Year award we hope will be the first of many to come locally and nationally.

The Institute is also working on building an understanding of complex problems like coastal resilience, ELI is promoting environmental literacy on this topic with an on-line video game.

The Lab keeps all these various policy pots bubbling while sharing the ideas and perspectives of change-makers through a podcast series called Environmental Disrupters.

Through all this work, the ELI Innovation Lab promotes the entrepreneurial spirit that long has been at the heart of the Institute’s methodology. In keeping with this theme, the Lab approaches funding as an opportunity to build partnerships and spearhead new collaborations. The Lab has received grants from the Alfred P. Sloan Foundation, tech giants Microsoft and Intel, and the Swedish Innovation Fund Blue AB to explore the implications and applications of blockchain and artificial intelligence.

As new opportunities arise, the Lab hopes to build on and grow new partnerships with like-minded environmental solution-seekers.

ELI has an important role to play in ensuring that the breakthroughs in science, technology, and policy drive environmental progress rather than prevent it. The Innovation Lab, leveraging the Institute’s expertise and the creativity of everyday trailblazers, places ELI at the forefront of a dynamic and multifaceted field.

Building on the Past to Secure the Future
Author
Scott Fulton - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
6
Scott Fulton

The Environmental Law Institute’s 50th anniversary on December 22 occurs during a record-breaking year in terms of the sheer number of ELI educational and convening programs, which have been organized around the themes that continue to animate the work of environmental protection after half a century.

It has also been a year with growth in all major areas of the Institute’s work, from judicial training both here and abroad, to marine resource protection, to rule of law formation, to environmental peacebuilding. It’s been a year of expanded engagements in key places like China, with the opportunity to influence how the world’s other major economy approaches environmental protection.

As this edition shows, it’s been a year of reflection, as we remember the origins of this wonderful Institute for which we are now stewards. We celebrated at the recent award dinner the surviving founders of ELI — Tom Alder, Craig Mathews, and Jim Moorman — those who put pen to paper on the ELI articles of incorporation. As this year is also the anniversary of NEPA, the reflections in the issue you are reading recall the beginnings of the environmental movement that grew up alongside ELI.

There is a human tendency to declare, usually prematurely, “mission accomplished.” It would be a mistake to do that here. While much of the pollution that can be seen, smelled, and tasted has been removed from our domestic environment, we need look no farther than the severe pollution problems in the developing world, emerging worries about new contaminants, the recent problems with lead in drinking water, the growing evidence of biodiversity collapse, the implications of a changing climate, and continuing concerns about the distribution of environmental benefits and burdens across societies, to be reminded that important and potentially grave environmental risks remain to be addressed.

We are also mindful that this is an area in which hard-won progress can always be compromised by political expediency or indifference. ELI, working as it has with governments around the world for much of its 50 years, has watched countries begin the process of investing in a sustainable future only to yield to short-term, non-sustainable practices as a result of changes in political leadership and economic conditions. Regression and compromise of environmental quality remains ever possible, even here, if we do not stay true to the formula that has guided us thus far.

What is that formula? Our experience, and indeed the lesson that the United States has for years been propagating to the rest of the world, is that effective environmental governance and rule of law turn on the presence of a number of synergistic elements, including laws that are clear and enforceable, an engaged citizenry equipped with transparent environmental information, stakeholder opportunities to inform and contest government decisions regarding the environment, environmental public integrity mechanisms that prevent corruption in the administration of environmental programs, institutional arrangements between government actors to ensure efficiency and avoid confusion and duplication, fair and effective enforcement, and an engaged and serious-minded judiciary.

While we should always be in pursuit of reforms that improve and make more efficient how this work is done, we should be wary indeed of any efforts to choke down on any of these anchor elements. We tinker with them at our peril. These are the lessons of the past.

But in this anniversary year, we have also been looking toward the future, with programs and publications seeking to advance our collective thinking on how we might more beneficially harness the emergence of private environmental governance regimes, including environmentally sensitive supply chain management and investment, lending, and insuring practices.

And to bring understanding to the fascinating intersection between environmental law and technology. With the help of many of you, we launched a watershed conference in October — “GreenTech 2019: Innovating Environmental Protection for the Future” — looking at how technology is reshaping regulated activity, advancing sensing and monitoring capacity, and exploding environmental data.

Before wrapping up the year, we and George Washington University law school are convening a gathering of thought leaders at Airlie House in Northern Virginia. The event is at once commemorative, in the sense that it was at Airlie House 50 years ago that the seed was planted that would become ELI, but also forward looking, in terms of envisioning the next 50 years of environmental protection. A fitting conclusion, we hope, to ELI’s 50th year.

On securing the future by building on past.

ELI Report
Author
Anna Beeman - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
6

50th Anniversary | Technology, even more than regulation, will lead the next half century of environmental improvement

Beginning with passage of the National Environmental Policy Act, followed a few months later by establishment of the Environmental Protection Agency, the last 50 years have reflected the growing need for regulation to protect human lives and livelihoods as well as the planetary ecosystem that supports them. However, it seems that each success, and there have been many, has been followed by news of other challenges that are often even more dire.

The Environmental Law Institute, established in December 1969 alongside these events, has grown to become a leader in analyzing — and shaping — developments in the burgeoning field that grew following passage of NEPA and the other foundational statutes. Over the last 50 years, the Institute has fostered innovative, just, and practical law and policy solutions to ensure environmental legislation and regulation adequately defends the earth’s natural resources at a price society can afford.

The experience of a half century makes it apparent that regulation alone will no longer drive environmental protection. Technology has grown to become a powerful tool in implementing the rapid changes that are needed to avoid the worst effects of climate change and biodiversity collapse.

And technology has also significantly changed the landscape of methods addressing environmental issues. Drones, artificial intelligence, and advanced sensor networks are changing the way pollution and natural resources are monitored and assessed. Emerging technologies are now managing and reducing the environmental impacts of the manufacturing, energy consumption, and services sectors. Bioengineering and biotechnology could change the way that food is produced, such as lab-grown meat or seafood.

In early October, ELI and innovative companies such as Intel, Amazon, BNSF Railway, First Solar, Google, Microsoft, Apple, bp, Exelon, and Bayeco as well as law firms, nonprofits, and law schools held the inaugural GreenTech Conference in Seattle, Washington. The conference explored innovative and transformative technologies influencing environmental sectors, and discussed the unique opportunities and challenges they present for protecting the planetary ecosystem.

Experts from diverse business sectors spoke on the role of law and public policy in facilitating the development and deployment of emerging technologies, their societal benefits and costs, and public reaction to some of these technologies and the management of change. Speakers also shared their experiences and successes through case studies and demonstrations. Additionally, the discussions highlighted opportunities for cross-cutting technological applications, particularly with advancing a circular economy that eliminates waste and reduces resource extraction.

ELI President Scott Fulton gave opening remarks to the conference, followed by keynote speaker William K. Reilly, a former EPA administrator. The workshop spanned three days, with six panel discussions on eliminating waste from the manufacturing economy, the food industry, and energy systems.

A panel titled “The Evolution of e-Services” explored technology as an integral part of the service sector. The service sector accounts for around 80 percent of the United States’ GDP and comprises around 70 percent of the U.S. workforce, thus has large implications for the environment.

The panelists debated how the service sector can harness data services such as cloud computing and blockchain, as well as make effective efforts in reducing their energy and environmental footprints. The panel, moderated by Kathryn B. Thomson of Amazon, also included IBM Lead Counsel on Blockchain Ecosytems Joan Burns Brown, Google Staff Software Engineer Eddie Pettis, and Amazon Director of Energy and Web Services Nat Sahlstrom.

The workshop concluded with a group discussion on legal models for change in tandem with the growth of technology, as well as a colloquium moderated by Fulton on planning for the future.

 

New Zealand workshop schools ocean protection professionals

Area-based management and Marine Spatial Planning are important ocean resources management techniques. They are essential to separate marine uses, find opportunities for compatible uses, and establish protected areas. Many countries have expressed interest in developing MSP through legal reform. There is also a growing international community of legal experts that work on drafting laws to implement MSP. However, as far as we know, there are no guidance documents to help these professionals do their work.

In continuing a partnership with the Waitt Institute on supporting legal guidance for drafting MSPs, in early September, ELI, Waitt Institute, and IUCN conducted a four-day MSP workshop in Auckland, New Zealand. The workshop brought together legal drafters for MSPs and identified best practices and guidance for developing MSPs within the region and beyond.

The workshop was attended by 24 representatives from 14 different nations, mostly small island nations in the Pacific region. The workshop also hosted participants from ocean resources management organizations such as Conservation International and The Pacific Community, as well as a number of scholars who focus on MSP issues.

The workshop covered an overview of global MSP legislation. Participants also discussed how MSP fits into a nation’s legal landscape.

Topics discussed included the use of legal provisions addressing preliminary matter and definitions for MSP legislation, the scope of an MSP law and ocean jurisdiction, ocean spatial planning and zoning processes, public participation and access to information for MSP, and sustainable funding mechanisms for ocean management.

The Blue Prosperity Coalition led the final day of the workshop on maritime security and implementation of Maritime Domain Awareness, as well as provided updates and news from the National Maritime Intelligence Integration Office.

 

Session explores tech solutions to Colorado basin water needs

The Colorado River basin, a historically stressed riparian system, is facing a critical water shortage. California, Arizona, Nevada, Utah, Colorado, New Mexico, and Wyoming depend on its water supplies, generating $1.4 trillion in annual economic activity and 16 million jobs, equivalent to 1/12 of the total U.S. domestic product. With an anticipated shortage looming by 2020, the states have been tasked until January 31 to develop a plan before federal intervention. Given the wide geographic, financial, and political contexts within this region, tackling this issue is complicated and requires cooperation among many stakeholders.

One promising potential solution for managing water scarcity in the region is the use of transformative digital technology solutions, such as blockchain or artificial intelligence.

In late October, ELI and Water Foundry held a workshop in Denver, Colorado, that brought together public, private, and nonprofit actors to work together on developing and mapping feasible technological solutions for the basin. Ultimately, the goal of the workshop was to ensure the more efficient, effective, and resilient stewardship of water in the region through technological innovation.

The workshop and associated research builds upon a recent report by the World Economic Forum, which explored a number of technologies that could address challenges in the water sector. The workshop featured technologies of blockchain, sensor nets, and AI, delving into the nuances for each for participants to capture a deeper understanding of their implications for public policy in the context of the region, in addition to identifying the barriers and potential solutions for commercialization and scaling.

AI and blockchain are useful in targeting the traceability of water from the watershed to users such as cities, agriculture, and consumers. Moreover, AI-enabled technologies have great potential to manage water supply and demand.

Areas explored during the workshop included the use of blockchain tokens to reward water conservation efforts at a household or business level, combined blockchain and sensor technologies to monitor and report water quality in municipal water systems, or sensor and AI networks to better measure and predict seasonal fluctuations in water availability.

By pinpointing the current water use and supply challenges and the dynamics of water management in the Colorado River Basin, the workshop participants worked to prioritize two digital technology pilot projects to implement in the region, as well as established a long-term collaboration for the pilot projects.

 

Field Notes: Ex EPA Chief Reilly keynotes ELI Press book launch

“It’s an extraordinarily consequential piece of work,” said former EPA Administrator William Reilly to kick off the book launch of Legal Pathways to Deep Decarbonization in the United States, published by ELI Press.

“The kinds of approaches that the book describes are attractive, practical, and cost effective and can be undertaken well before we reach a climate crisis,” said Reilly.

The Institute also presented a panel to discuss proposed legal methods to rapidly reduce greenhouse gas emissions, as well as efforts already underway to put these recommendations into action.

The panel included book editors Michael B. Gerrard of Columbia Law School and John C. Dernbach of Widener University Commonwealth Law School. Commentary came from NRDC’s Kit Kennedy, Earthjustice’s Peter Lehner, and Charles Sensiba of Troutman Sanders LLP.

59 authors contributed to the book, and with 35 chapters of over 1,000 legal tools and recommendations to choose from, the report is instrumental in providing policymakers and lawyers the best legal tools for reducing carbon emissions within the federal, state, tribal, local, and private sectors.

Although the goal of an 80 percent reduction in carbon emissions by 2050 is indeed a challenge, Dernbach contended that the concrete recommendations show that the goal is technically feasible and would only cost 1 percent of national income.

The panelists dove into debates about pathways to carbon=neutral agriculture, clean energy technologies, and lower-emission transportation options.

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With the generous support of the Hewlett Foundation, ELI and the China Environmental Protection Foundation have published Environmental Public Interest Litigation: Selected Cases. This casebook, published in Chinese with an English version following, features 120 environmental public interest litigation cases decided by Chinese courts in recent years. The cases include those filed by NGOs and prosecutors and cover a broad range of issues.

The book conducts a systematic examination of the legal issues arising out of environmental public interest litigation in China, and couples the primary sources with in-depth legal analysis.

This new enforcement tool came into broad use only in recent years, specifically due to the implementation of the new Environmental Protection Law in 2015. The publication will be a valuable resource for environmental lawyers at both enforcement agencies and private practice, environmental judges, and NGO workers who are interested in environmental public interest litigation.

ELI expects this book will help to build the capacity of Chinese environmental law communities and promote a more transparent, fair, and predictable environmental rule of law system in China.

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In April, ELI hosted a public webinar featuring the article Managing the Future of the Electricity Grid: Energy Storage and Greenhouse Gas Emissions, included in this year’s ELR Environmental Law and Policy Annual Review. The article, written by NYU Law Professor Richard L. Revesz and Burcin Unel of NYU Institute of Policy Integrity, challenges the conventional wisdom that utilization of energy storage systems will reduce greenhouse gas emissions, and proposes that state and federal regulators adopt policy reforms that internalize emission externalities, eliminate entry barriers, and modify market rules to guarantee accurate price signals that value the benefits of clean energy storage.

The webinar hosted an interesting discussion among the authors and industry experts as they weighed the feasibility and direction of Revesz and Unel’s proposal.

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ELI hosted a special seminar in May to explore the implications of Rapanos v. U.S. and the proposed new jurisdictional rule for the future of wetlands. The panel was moderated by Amanda Waters of the National Association of Clean Water Agencies and featured National Wetlands Awards winners Greg Sutter, Joel Gerwein, and Angela Waupochick.

Innovation Lab poised for next half century of tech.

Because It Is What the Problem Requires
Author
Cory Connolly - Michigan Clean Energy Leaders Project
Michigan Clean Energy Leaders Project
Current Issue
Issue
6
Parent Article
Cory Connolly

In 1969, when the National Environmental Policy Act was passed, my parents were busy protesting the Vietnam War, the United States was sending a man to the moon, and my grandfather was working for General Motors in Flint, Michigan, in a plant long since demolished.

NEPA and the array of environmental policies and organizations created around that time have shaped my career, which today my grandfather would note with irony is focused on the move to electric cars and the adoption of clean energy. My work underscores the challenge that we have over the next 50 years, but it has also given me some optimism that we can find a way to build a clean energy future.

So, what will our world look like in 50 years? My simplest hope for the future is that we arrive at 2069 with a planet powered by clean, renewable energy in time to avoid catastrophic climate change. With that simple goal in mind, I am going to share a few positive trends I see in the clean energy industry today.

The first is technological innovation. Large-scale wind and solar is cost-competitive or cheaper than traditional fossil-fuel generation, such as coal or natural gas. Battery technology — which will be key in ensuring wind and solar can be fully integrated — is drawing unprecedented investment and seeing precipitous cost declines across a variety of applications. According to Bloomberg New Energy Finance, lithium-ion battery prices have dropped by nearly 73 percent since 2013. And these trends extend across the clean energy sector.

The second is the growing demand for clean energy in the private sector. According to the Renewable Energy Buyers Alliance, 63 percent of Fortune 100 companies have set targets to reduce greenhouse gas emissions and buy clean energy. Such commitments set the stage for future governmental action while helping reduce emissions.

Third is the growing popularity of clean energy. Polls, including one contracted by the Edison Electric Institute in 2018, point to growing public support for renewable energy. That trend is only getting stronger as prices come down, technology develops, and more large companies make high-level commitments.

These trends are reinforcing and they make for an exciting time in the clean energy industry as technologies improve, markets develop, demand grows, and everyday people start supporting this transition.

Will it be enough? Battery costs are falling, but a recent study from MIT says that we need lithium-ion battery prices to drop far lower than where they are today to achieve wide-scale application. Large companies are buying renewables, but a report from Wood Mackenzie released in August reported that Fortune 1000 companies currently only source 5 percent of their power needs from clean energy. Public opinion is growing, but we still lack overarching federal policies to drive the transition that’s needed.

The problem that we face today — in my rough view of things — is that the gap between what is considered realistic politically and economically and what is required by the crisis at hand has grown untenable.

How can we close the gap between what is “realistic” and what is required? I have been reading a book called Arsenal of Democracy, which helps illustrate this question a bit better. In the 1930s, well before NEPA was passed, Michigan’s economy mobilized to build planes for World War II. Ford Motor Company committed to building 30,000 planes — the number that was considered necessary for the war effort. At the time, the task was called impossible and unrealistic based on how things had always been done. Ford didn’t build 30,000 planes — rather the company built 100,000 planes. It is what the problem required, not what was reasonable based on conventional standards.

How can we move toward solutions that truly address the problem and get us to 2069? How can we make sure that the trends I have outlined aren’t insufficient to meet the challenge at hand? We need to reevaluate our desired policy outcomes from a science-based understanding of what needs to be done and we need — like we had throughout the 1970s — policies like NEPA, the Clean Air Act, and others to get there. And then I hope we can go further.

In 1969, NEPA was passed and we landed on the moon. We were able to tackle real, immediate environmental challenges, but we were also capable of building momentum around an inspirational and aspirational agenda. If we replicate that, then in 50 years the planet and its people will be here, alive. Society will be powered by 100 percent clean energy and transported by electric vehicles. The world’s population will all have access to affordable and reliable electricity and the wealth created by the clean energy transition won’t be concentrated in the hands of a few.

I’m not optimistic that we’ll be able to achieve such a world by 2069. I don’t think it’s very realistic, but we need to keep working toward it together because it is what is required.

A Bright Future for Our Blue Planet
Author
Ariana Spawn - Oceana
Oceana
Current Issue
Issue
6
Parent Article
Ariana Spawn

We live on a blue planet. The ocean covers nearly three-quarters of the Earth’s surface. The prevailing theory for the origin of life points to hydrothermal vents deep beneath the ocean’s surface as the home of the first single-celled organisms.

Today, nearly forty percent of the world’s population lives within sixty miles of a coastline. More than three billion people rely on seafood as a significant source of protein in their diet. And, perhaps most importantly, the ocean plays a central role in shaping our planet’s climate. Currents in the ocean drive weather patterns on land, making otherwise inhospitable geographies livable for humans.

Given the strong links between the ocean, the climate system, and our overall environment, it comes as no surprise that the seas have been steadfastly responding to human activities over the last two centuries. At present, one third of the world’s fisheries are overexploited, and populations of critically important species like sharks have sharply declined in many parts of the world.

Coral reefs, some of the most biodiverse habitats on the planet, are dying off so quickly that they could disappear by midcentury. The ocean has absorbed nearly all the excess heat caused by increasing concentrations of greenhouse gases in the atmosphere. The impacts of this are clear: climate-related disasters are on the rise and marine fish and wildlife populations are shifting toward the poles.

Since the ocean has shaped both our past and our present, we should also look to the sea to answer questions about our future. And while the state of the ocean today may seem grim, there are countless reasons for optimism about our ocean and our planet as we look ahead to 2069.

In the United States, in the last two decades alone, we’ve recovered more than forty fish stocks, and overexploitation of stocks is at an all-time low thanks to our strong fisheries management law. On coral reefs throughout the world, incredible scientific advances in our ability to grow and transplant coral fragments mean we can now restore dying reefs with more resilient, temperature-resistant corals. We’re also at the beginning of a green energy revolution, with much of that future renewable power slated to come from offshore wind facilities being carefully planned in U.S. waters.

And on the largest of scales — though addressing the climate crisis in the timeframe necessary to avoid catastrophic consequences is a daunting task — there are fundamental governance changes on the horizon that I believe will tip the scales in favor of climate action. In 2015, the Financial Stability Board, an international body created after the 2008 financial crisis to monitor and provide recommendations about the global financial system, launched the Task Force on Climate-Related Financial Disclosures.

The TCFD was asked to provide recommendations for how the world’s companies should assess and disclose the material risks that climate change poses to their bottom line, thus allowing investors to make more informed decisions. The TCFD issued its final recommendations in 2017, and since then shareholders of several major energy, utility, chemical, and technology companies have filed dozens of resolutions to require disclosures according to the TCFD’s recommendations.

Many of us know intuitively that climate change will have monumental costs, both economic and social. Some have even pointed to global warming as an example of why capitalist economic structures are inherently flawed. But regardless of your perspective, the economic costs of climate change must be formally recognized by the financial sector before the policy needle will move. And sure enough, in the wake of the TCFD recommendations and related shareholder resolutions, U.S. lawmakers in both chambers of Congress have introduced legislation and held committee hearings around the idea of requiring companies to publicly disclose the risks they face from a changing climate.

The world will be a very different place in 2069, but these are heartening signs that we are marching in the right direction for our ocean and our planet. More promising still, the positive environmental outcomes described above represent a combination of public- and private-sector action, harnessing the power of both science and policy. These institutions must continue to work together to keep shifting the needle on environmental governance in the United States and globally.

Perhaps my favorite sign of hope for our planet in 2069 comes from opinion polling. Americans in record numbers are concerned about climate change and the overall state of the environment, and these trends are especially pronounced among members of my generation. Though polls can only tell us so much, these numbers herald a bright environmental future. And with our ongoing stewardship, the ocean — which has shaped our existence for millennia — will be there through it all.

The Debate: Thoughts on the Centennial Celebration
Author
Adenike Adeyeye - California Public Utilities Commission
Cory Connolly - Michigan Clean Energy Leaders Project
Nathan C. Howe - McCarter & English LLP
Joel Reschly - Missouri Department of Natural Resources
Ariana Spawn - Oceana
Achinthi Vithanage - George Washington University Law School
California Public Utilities Commission
Michigan Clean Energy Leaders Project
McCarter & English LLP
Missouri Department of Natural Resources
Oceana
George Washington University Law School
Current Issue
Issue
6
The Debate: Thoughts on the Centennial Celebration

When ELI and NEPA celebrate their centennial 50 years from now, what will the world look like? At the present, the outlook appears grim. According to the IPCC’s latest report and the National Climate Assessment put out by the Trump administration last fall, long-term effects of climate change are already apparent in our weather patterns and are likely to worsen in coming decades. Ice caps are melting, the sea is rising, coral reefs are dying, and climactic shifts are affecting food and water security. Environmental refugees are fleeing areas of drought, flooding, or fires, and vulnerable communities are already facing the first line of impacts from a changing climate. In 2069, The Environmental Forum could be reporting on conditions not experienced during human history.

However, 50 years ago, the news was also grim. The events kicked off by the passage of the National Environmental Policy Act fueled an unprecedented worldwide campaign to protect natural resources and human health.

Despite this response, actions have not kept up with growing needs: air and water are cleaner in many places but pollution still kills millions, and many environmental problems have worsened when viewed on a global scale. Climate change and biodiversity collapse loom over this situation as newer issues that now dominate concern for the next few decades.

What will it take to build an environmentally sustainable future at the global, national, and local levels, and what can different sectors bring to the fight to save the planet? Where can we best use science, technology, law, and policy to curtail the most extreme effects of climate change?

We asked six accomplished young professionals who will likely still be around in 2069, possibly even still active, to predict a different future, a more hopeful one — to show how the response to these threats to society, indeed perhaps to human survival, can be confronted and addressed successfully.

The news concerning conditions on our planet a half century from now is grim, with the effects of climate change impacting the weather, with biodiversity collapse reducing genetic resources — but also perhaps with less pollution, more protected natural areas, and a society that has achieved a state of sustainability. To assay prospects for 2069, we invited a panel of six young professionals who may still be active at the ELI/NEPA 100th anniversary.

President at the Creation
Author
Tom Alder
Current Issue
Issue
6
Thomas Adler

Fifty years out it is fair to ask how ELI happened to be formed around a publishing project that was, on first look, just a new and more ambitious type of clearinghouse for legal information, an existing format for other law specialties. To answer this from one founder’s perspective, it helps to go back to the intense times of the 1960s and the influence of the civil rights and anti-war movements on the career choices of younger lawyers.

After early work on House and Senate staffs I was involved, often as counsel, in several civil rights, anti-poverty, and anti-war initiatives. The striking silence of the organized bar on war issues eventually prompted me to focus on the military draft as law-deficient, often arbitrary, and sorely needing bar involvement. To address this, I drafted a prospectus for a Selective Service Law Reporter and engaged several colleagues to join in forming the Public Law Education Institute in 1967 to publish it. I found enthusiastic support among smaller foundations, and we recruited a dedicated staff with the aim of creating a new field, served by informed, motivated lawyers. Largely due to the great skill of the first editor-in-chief, and our ambitious aim to create this field, the Reporter achieved its objective and became both a living legend and a template for later PLEI projects. I was the PLEI president, which was the background and foundation from which I undertook the Environmental Law Reporter project two years later.

My basic premise was that a well-done and ambitious publication could convert a conventionally passive format into a vehicle for defining a field and educating a practicing bar. Second, that a wholly professional publication was possible with a small production staff and limited budget. Third, that a credible business plan could be based on a commitment to limited and declining reliance on donor or foundation funding. Finally, I believed that editorial excellence could induce even the defensive bar to subscribe to the service as a matter of prudence.

At this time, “environmental law” was essentially an aspirational concept intended to bind an aggregate of recognized legal regimes and common-law principles and remedies. One seeing it as a legal field of practice would have to consider the different realms — diverse statutory systems, tort claims, property rights, common-law constraints of public and private activity — as well as fundamental issues like justiciability and standing. The Reporter I hoped to found would attempt to reach and possibly integrate all of these.

Another motivation was the profusion of new citizen-based cases challenging decisions and practices by governmental or corporate actors. These were civil actions which would be finally decided long after the basic theory had been laid out in the pleadings and briefs. Plaintiffs’ filings were frequently innovative, with potentially great time value for other litigants. To distribute them beyond those immediately concerned would require a service that collected the court filings, described them in detail, and made them widely available as photocopies. To appreciate the value of something this simple, not only was the internet well in the future at the time, so too was the wide availability of high volume copying machines.

At a more personal level, I had become aware of the group of recent Yale graduates who were forming what would be the Natural Resources Defense Council. Their energy and commitment clearly foreshadowed a developing legal movement that I felt drawn to and wanted to support.

I realized that to do this well I needed to link PLEI with an organization already in the field. I conveyed this to Charles Halpern, an attorney with prodigious networking skills who had been on the original PLEI board. Charlie had earlier mentioned my Reporter proposal to Malcolm Baldwin, the staff legal associate of the Conservation Foundation, and found him very interested. I asked Charlie if he would arrange a luncheon meeting, which he did in mid July 1969. That meeting was, in retrospect, a major turning point in ELI’s history.

One of those at the meeting was James Moorman, who had earlier left a Wall Street firm for a position in the Justice Department Lands Division (which he would eventually head as assistant attorney general). Jim had joined with Charlie to form a new law center. His solid grounding and strategic grasp of federal environment law was an especially strong element in that center’s funding proposal. From the outset Jim became one of the active founders of ELI.

At the time of the meeting, Malcolm was in the midst of planning a conference on environmental law to be held in the fall under CF auspices at Airlie House, a country estate 50 miles from Washington, recently refitted as a conference retreat. Malcolm’s plan was to draw together a nationwide group of 40 academics and practicing lawyers for a two-day event that September. There were to be four plenary sessions with no breakout groups, and the last session was to close the conference with the adoption of concrete recommendations. Interest in the conference was spreading, leading Malcolm to eventually expand the list of invitees to nearly 70.

At our mid-July meeting, Malcolm and I had quickly agreed that a fitting capstone for the conference would be a statement of support for ELR as the binding force for the emerging legal movement. With only 60 days remaining until the conference, I drafted a bare-bones prospectus for the Reporter. To give it more specific environmental substance, we were able to engage Bill Iverson, a recent editor-in-chief of the Yale Law Journal. Bill, who had ties to the NRDC group, agreed to dedicate August to the project. I was able to raise one-half his salary from a small foundation, which CF matched, while also offering library support. Given the short time allowed, Bill’s draft was a resourceful canvassing of existing publications and a statement of the case for ELR as stimulus to the development of an environmental bar.

To review the work, we created a committee composed of Malcolm, Jim, myself, and Michael Schneiderman, an interested practitioner. This gave us a framework to bring in members of the NRDC group for two editorial review sessions in August. Our review had two goals: improving the draft and, importantly, signaling to foundations that ELR and NRDC were being conceived of by their founders as mutually reinforcing and that neither would be a redundant use of foundation support. We held to our goal of finishing the prospectus in August, then mailed it to the Airlie House invitees during the first week of September.

The Airlie House conference has become a legendary moment. In large measure, this reflects Malcolm’s selection of invitees, topics — and panelists. Many of the attendees would be leaders in environmental law development during the 1970s, as litigators, educators, or public interest law directors. For most, the conference was the first on a nationwide scale at which environment law was the frame of reference. In the end, the spirit of the event was as much a convocation of founding fathers as it was an educational enterprise.

In the three programmed sessions, the focus was on litigation. The first, chaired by Joseph Sax, keyed on a discussion of evidentiary issues posed in a conference paper by David Sive. This was structured as a case study of the Santa Barbara oil spill earlier that year. The second session was a conceptually ambitious sequence of six presentations ranging from standing to the prospect of recognizing an environmental right analogous to a property right. The third session keyed on three papers on fundamentals of legal education and practice.

The fourth and final session concluded the gathering by adopting recommendations from the conferees, principally to endorse the founding of the Environmental Law Reporter. The endorsement was made with genuine enthusiasm.

With the conference over, I suggested that we aim our organization and funding efforts toward the ambitious goal of publishing ELR for an initial volume year to begin in 1970. This brought Sydney Howe into the project. As CF’s new president, he would be an essential and active partner. We formed a legal joint venture between PLEI and CF to launch ELI and maintain mutual control for three years. This was accomplished by giving PLEI and CF equal numbers of seats on the initial board. I committed to serving as the half-time president until 1973, which would give us continuity in staffing up and publishing at least two volume years of ELR. ELI offices were co-located with PLEI, an arrangement that continued for 15 years.

CF, through Malcolm and Syd, was a fully engaged partner, providing leads to staff candidates and redirecting some general support to ELI while a multi-year Ford Foundation grant was pending. CF’s most enduring contribution was to add Craig Mathews to the initial board. Craig, a D.C. attorney who had proceeded me at Yale, was a great stabilizing influence in our early years. He followed me as part-time president for two years when I stepped aside in 1973 to spend the next 12 years on the executive committee and board. Craig remained for years later, becoming ELI’s longest serving director.

I filed incorporation papers just before Christmas 1969 — felicitously on the day that NEPA was enacted — turning then to long-term funding and finding and enlisting ELR’s first editor-in-chief. To the latter end, I sought out a number of promising candidates from law faculties and private practice, but none could take the job in the time window we had set. Walking away from a meeting at this juncture, I casually suggested to Jim Moorman that this search had become discouraging. Jim replied memorably: “If you don’t do it, it won’t happen.” As I recall, there was a brief pause, and then: “I have a friend from high school days who is here in Washington and is looking for a new job. He might be a good candidate. His name is Fred Anderson.” In retrospect, that exchange with Jim was the most significant moment up to that date in the shaping of both ELR and the Institute as we know them today.

I met with Fred and took stock of two published articles he presented as writing samples. These were accomplished, well-written pieces, closely attuned to two quite different audiences. I offered him the editorship, with the uniform support of other board members who then met him. Before he could arrive, we continued to staff up and issue ELI’s first publication, the Environmental Law Digest, a survey of 50 pending cases I had designed as a place-holder for ELR and a model for its treatment of litigation documents,

Fred came on later in 1970 and, in the following year securely established the Reporter as everything that was expected of it and more. Although ELR remained the mother ship, Fred began to expand ELI’s program to include research projects undertaken with partners and those conducted independently by the Institute’s growing professional staff. In tandem with this, ELI expanded its involvement in conference planning and education.

In mid-1972, Fred was given the role of executive director to allow him more responsibility for ELI development. When Craig stepped down as president in 1975 Fred succeeded him to become ELI’s first full-time leader. He left for a Utah academic position in 1980, but his enduring legacy was a highly regarded Institute, poised to scale upward and outward. How this happened is the longer story of the 40 years that followed. TEF

The Key Events that led to Creation of an Institution.

Reading the Environment — 1969-2019
Subtitle
Books Have Warned, Inspired Professionals
Author
Oliver A. Houck - Tulane University
G. Tracy Mehan III - American Water Works Association
Tulane University
American Water Works Association
Current Issue
Issue
6

The anniversary date of 1969 was a year particularly well known for air quality emergencies from New York to Los Angeles, Cleveland’s Cuyahoga River catching on fire, and oil on the beaches of Santa Barbara, each of which produced law and policy reforms of their own — as well as the beginnings of a vast literature, from newspaper and magazine articles to a legion of books. And the pace of publishing on pollution and resource topics hasn’t slowed down at all.

Any attempt to capture environmental writing over the past 50 years requires a considerable lack of humility, given the outpouring of so many titles in this field. A recent Google search of “environmental books 1969-2019” yielded 154,000 results, no doubt an underestimate if you inquire into sub-specialties like environmental engineering, science, and economics. In the aggregate, the fact of this production provides reason alone for hope. So long as so many people continue to think, write and read about how to reconcile human conduct with the rest of the planet, we are the better for it.

We should begin by paying tribute to those who came before, the conservation and nature writers, the pioneering scientists, explorers, wanderers, poets, and painters who were the antennae of an evolving conservation movement occurring over centuries. Bill McKibben, writer and activist, has done a great service by assembling and editing a marvelous collection, American Earth: Environmental Writing Since Thoreau, including over one hundred American writers. Published in 2008 by the indispensable Library of America, a nonprofit organization dedicated to preserving the nation’s literary heritage, it features both classic and popular commentary on the environment. Certainly, Aldo Leopold’s “land ethic” (from A Sand County Almanac) and the likes of George Perkins Marsh (Man and Nature) are featured, but also Buckminster Fuller, the poet Gary Snyder, Joni Mitchell, Marvin Gay, John McPhee, Wendell Berry, Amory Lovins, the environmental historian William Cronon, and even P. T. Barnum’s diatribe against billboards. The collection is solid and representative for anyone wanting an overview of the canon.

For McKibben, “environmental writing,” in contradistinction to nature writing, “takes as its subject the collision between people and the rest of the world, and asks searching questions about that collision: Is it necessary? What are its effects? Might there be a better way?” While it often celebrates nature, it also recognizes, implicitly and explicitly, that “nature is no longer innocent or invulnerable.” McKibben goes on to conclude that “environmental writing is America’s most distinctive contribution to the world’s literature.” We agree.

A recent history worthy of special comment is The Making of Environmental Law (2004) by Richard J. Lazarus, a regular columnist in the Forum and expert on the Supreme Court. The book, like Caesar’s Gaul, is divided into three parts: a theoretical analysis of the complexity of environmental lawmaking; a decade-by-decade narrative of its emerging architecture; and the challenges ahead. In his view, “The sheer depth and tenacity of the public’s views, which are most often rooted in concerns about potential threats to human health and the dangers of exceeding ecological limits, explain why environmental law has been so persistent and inexorably expansive, and why its repeatedly proclaimed demise has proven, on each occasion, to be premature.” While it would be interesting to hear his assessment of the current political moment, it seems undeniable that popular support for environmental protection continues to run high, and that citizen action at all levels has driven the field since Earth Day 1970. As the seminal environmental lawyer and frequent chair of the ABA/ALI Conference on Environmental Law David Sive once observed: “In no other political or social movement has litigation played such an important and dominant role. Not even close.”

Lazarus proffers several approaches to linking environmental protection with the administrative state, including information disclosure, public participation, clear legislation, multiple enforcement authorities and market incentives including pollution fees and cap-and-trade. While each of them has its advocates, all have proven their worth. Together, they have led the world. What Lazarus provides is a well-informed overview, and a benchmark for changes going forward.

We should also give space to authors who, at the pre-dawn of environmentalism and ELI’s birth, were particularly responsible for lighting up the field. One cannot but honor Rachel Carson’s Silent Spring, which not only exposed the dangers of DDT but played a lead role in much that has followed. Selling over 6 million copies and with translations in more than a dozen languages, Silent Spring became the universal educator on environmental threats to the planet.

As an established scientist, Carson was able to go where laymen would falter; as a writer, she used language that was fully accessible and stuck in the mind. “Why should we tolerate a diet of weak poisons?” she asked. “Who would want to live in a world which is just not quite fatal?” From her writing, public reputation (including three best-sellers), and subsequent advocacy came new laws and programs ranging from pesticide management to ecosystem management and even the National Environmental Policy Act. She was both author and activist, as is Lazarus, as is McKibben, as are many in our field. The head and the heart worked together.

Another early author and active player was Stuart Udall, whose book The Quiet Crisis was published shortly following Carson’s. It provided a complete and delightfully anecdotal history of the federal public lands. He knew them well from his roots in Arizona, his service on the House Interior Committee for three terms, and his responsibilities at the time of this book as secretary of the interior. The most well-known of his passages include the “Myth of Super Abundance” that permeated American thinking up to that time, resources without end, and the commodity-based “Great Barbecue” that made the fortunes of John Jacob Astor, J. Gould, and others of the wealthiest men in the world.

His description of the conflict between John Muir (“God’s First Temples: How Shall We Preserve Our Forests?”) and Gifford Pinchot (“Let not the axe be stilled in mid-air”) over public lands management captures the American soul. It is a story made poignant by their initial friendship and mutual admiration, shattered by Pinchot’s support for the Hetch Hetchy dam in Muir’s Jerusalem, the Yosemite Valley. After a battle that spanned a decade, Muir lost and died shortly thereafter, but both men left permanent legacies and remain pole stars in the field. So does The Quiet Crisis, an essential introduction to one-third of the United States about which many Americans knew so little, and whose administration harbors such controversy today.

Yet a third seminal writer with an emphasis on pollution and the words to explain it was Barry Commoner, a biologist and self-made economist whose The Closing Circle in 1971 presented in a highly readable way, topic by topic, the scientific, technological, and social dimensions of this new thing called “the environment.” He begins: “The environment has just been rediscovered by the people who live in it.” Why, he asks, “after millions of years of coexistence, have the relationships between living things and their earthly surroundings begun to collapse? How can we stop it and restore the broken links?”

He then offers his own answer. “Understanding the ecosphere comes hard because we have become accustomed to think of separate, singular events, each dependent on a unique, singular cause.” Here lies “the first great fault in the life of man in the ecosphere . . . we have broken out of the circle of life, converting its endless cycles into man-made-linear events.” We end up with wastes, and no exit. “Once we understand the nature of the environmental crisis,” he concludes, “we can begin to manage the huge undertaking of surviving it.” Like Carson he opened many eyes, and minds.

John McPhee, Pulitzer Prize-winning author, contributor to the New Yorker, long-time professor at Princeton and a pioneer in “creative nonfiction,” has had a career running coterminous with ELI’s. He has written many excellent books on geology, the outdoors, nuclear energy, the American shad, the Army Corps of Engineers’ attempts to “control nature,” and Alaska and Alaskans. McPhee’s entire body of work is worthy of mention, but in 1971 he wrote a concise, wonderful, and insightful book on the tensions, trade-offs, and opportunities of environmentalism. Encounters With the Archdruid relates an extended dialogue between Sierra Club founder, David Brower (“To me, God and nature are synonymous”) and Charles Fraser, developer of Hilton Head Island; Charles Park, an internationally known mineral engineer, Stanford professor, and avid outdoorsman; and Floyd Dominy, then commissioner of the U.S. Bureau of Reclamation, the ultimate dam builder.

“I believe in wilderness for itself alone,” McPhee records Brower as saying. This kind of talk led Fraser, a practitioner of urban planning and environmental design, to say, “I call anyone a druid who prefers trees to people. A conservationist is too often a preservationist and a preservationist is a druid.” Despite this name-calling and venting, the conversations between the “archdruid” and the pro-development spokesmen throughout the book are serious, robust, combative, but almost collegial in a fashion. They debate the Big Issues: nature, wilderness, the needs and wants of human beings, and possibilities of reconciling the diverse interests of the human and natural communities. There may be no single book that captures better the debate Americans have with themselves over the twin challenges of environmental protection and economic development.

The author Mark Reisner, formerly with NRDC’s Washington office and a gifted historian, followed in this line with Cadillac Desert (1986), a critique of water use and the dam-building frenzy in the western states. The book reaches its peak with President Carter’s attempt to cut back the Army Corps of Engineers program so highly favored by Congress and effective in funneling federal money to home districts. The running gun-battle over the Carter “Hit List” went on for two years, members of his own party calling it “dastardly” and “mind-boggling,” and greatly impaired the president’s ability to work with Congress from then on. Cadillac Desert is listed 61st on a list of the 100 best nonfiction books in English in the 20th century by a panel of the Modern Library, a division of Random House. Meanwhile, water and its wise use remain critical issues across the country.

Another book of this era with outsized impacts is E. O. Wilson’s The Diversity of Life (1992). A Pulitzer Prize winner for yet other works, Wilson is the Frank Baird professor of science and curator in entomology at Harvard, an unimpeachable scientist who presents his subject with quiet eloquence. In so doing, he put it on the map. Guiding us easily through the mechanics of evolution, the interplay of genetic and habitat diversity and their critical role in the survival of all species, he then moves to the problem: biological diversity is disappearing. While there is no way to measure the absolute rate of loss, he admits, he will offer “the most conservative estimate possible.” Selecting just one ecosystem, tropical rainforests, and one measuring stick, habitat, he concludes: “Human activity has increased extinction between 1,000 and 10,000 times” over previous background levels “by reduction in area alone. Clearly, we are in the midst of one of the great extinction spasms in geological history.” Wilson’s book bolstered the modern field of conservation biology. Wilson himself, like others, took his work a step beyond, speaking publicly to large audiences and intervening with House Speaker Newt Gingrich to stave off a vigorous attack on the Endangered Species Act. He is still at it today.

Meanwhile, Merchants of Doubt (2010) by Naomi Oreskes, a Harvard professor of the history of science, and Erik M. Conway, a historian of science and technology, was taking a deep dive into a phenomenon that had increasingly confounded sound environmental policy across the board. To regulated industries, doubt was now a “product.” For a field dependent on science, this can be fatal. The objective here was not to rebut scientific work and conclusions, simply to create enough uncertainty to buy time, complicate, and finally bury whatever initiative was pending. It began in earnest with tobacco, where four major manufacturers created the Tobacco Industry Committee for Public Information, stifling their own findings and sponsoring opposing testimonials, front organizations, and other research, all intending, in the words of a Justice Department official, “to deceive the American public about the health effects of smoking.”

The rest would be history, but for the fact that the same tactics were wheeled into play to oppose controls on acid rain, the growing ozone hole, global warming, even sullying the reputation of Rachel Carson, the thorn that could not be removed. Under the otherwise reasonable principle of “sound science,” so-called experts of little or no credibility appeared, preaching the doctrine of uncertainty. As a leading epidemiologist, recanting his earlier skepticism about the link between tobacco and cancer later explained: “All scientific work is incomplete — whether it be observational or experimental. . . . That does not confer upon us a freedom to ignore the knowledge we already have, to postpone action demanded at a given time. Who knows, asks Robert Browning, but the world may end tonight? True, but on available evidence most of us make ready to commute on the 8:30 next day.” Merchants of Doubt is a book for our time.

The role of economics and cost-benefit analysis in environmental policy has been both inevitable and controversial. This was the message of Cadillac Desert. That work was pre-dated by Damming the West (1973), coauthored by Richard L. Berkman and W. Kip Viscusi as part of Ralph Nader’s Study Group Report on the Bureau of Reclamation. Suffice it to say that it was not a pretty picture.

Viscusi’s work (Pricing Lives, 2018) on the value of a statistical human life has won acclaim. It now leads to figures of between $10 and $11 million for federal assessments. It has also invited ridicule reflected in the great line attributed to Oscar Wilde of a man who knew “the price of everything and the value of nothing.” Nevertheless, the valuation has been accepted by administrations of both parties and is reflected in the writings of two directors of the White House Office of Information and Regulatory Affairs, which overseas all federal rulemaking. See Risk vs. Risk by Bush Republican John Graham and Jonathan Wiener, and Valuing Life: Humanizing the Regulatory State (2014) by Obama regulatory czar Cass Sunstein. For the loyal opposition see Priceless by Professors Frank Ackerman and Lisa Heinzerling and Professor Doug Kysar’s Regulating From Nowhere, both critical of discounting future life (one’s grandchild is worth a fraction of your own life), income-based metrics, and the ease of political manipulation, including or excluding for example the social cost of carbon. Which brings us to our final look at literature on the most intransigent problem of our time: the alteration of the climate affecting all natural systems on earth.

This phenomenon has drawn a library of literature, within which Bill McKibben’s The End of Nature leads the field. In its timing (1989), scope, and grace of writing it helped focus the public on this issue while many studies and media reports dropped from view. The book embraces more than climate change, lamenting the loss of natural systems globally, but begins with global warming and never lets go.

It is grounded in facts and history. As early as 1884 a German scientist had concluded that coal burning was “evaporating our mines into air.” By his calculations, “heat waves in the mid-American latitudes would run into the 110s and 120s, the seas would rise many feet; crops would wither in the field.” All of which is happening. The story that follows is one of new studies, adamant denials, and a long paralysis of starts and retreats, captured in more recent literature yet more detailed and confirming. What is different now is that nearly everyone knows it, even if they dare not say it, and one of their first guides was The End of Nature.

The ensuing decades have also spawned a wave of literature on ways to address climate change through technology, law, and in public and private initiatives. There is no single deus ex machina. Gretchen Baake’s The Grid is a soup-to-nuts exposé of waste in energy transmission and the road to reform. The Rocky Mountain Institute’s Reinventing Fire, endorsed by Amory Lovins, showed that, with supporting government policies, “a business-led transition could triple energy efficiency, quintuple renewables and sustain an American economy 2.6 times larger in 2050 than it was in 2010 with little or no oil, coal or nuclear energy and one-third less natural gas. The net cost was $5 trillion less than business-as-usual — or even more valuable if a price was put on carbon emissions.” A win-win for the country.

In a similar vein, Beyond Politics: The Private Governance Response to Climate Change (2017) by Professors Michael P. Vandenbergh and Jonathan M. Gilligan observes, quoting William Ruckelshaus: “The American people are philosophically liberal but operationally conservative.” In light of the current political standoff, they propose an interim strategy by private actors that could achieve “a significant fraction of the necessary reductions [in]carbon dioxide emissions equivalent to roughly 1 billion tons out of the 5.5 billion tons per year of reductions necessary over the next decade to close the Paris Gap,” the shortfall in achieving temperature goals that has been identified by the authors. Another, compatible path.

What we have here, together, is a sober assessment of the climate change challenge and reasoned hope for what could be. Which is what literature should do.

So many books . . . and so little time. That is the bottom line for our limited review of the vast, overwhelming, but enriching cascade of environmental literature since 1969 and the founding of ELI and enactment of NEPA. The canon is rich, inter-disciplinary and, at times, both dispiriting and inspirational. At its most poetic, it contributes to the re-enchantment of the natural world.

Our reviewers team up on the best of the last half century.