Disinformation: Public Enemy Number One
Question marks
Wednesday, June 23, 2021

One of the great things about working at ELI is the regular infusion of fresh perspectives. At any given time, about 20 percent of the staff consists of students and recent graduates, most of whom are with us temporarily. The applicant pool for these jobs is incredibly competitive, guaranteeing that some of the brightest young minds in the country will always be in residence at the Institute.

What We Learned From COVID-19: Opportunities for Reframing Environmental Law
Earth covered by COVID-19
Wednesday, June 16, 2021

Already under ever-increasing threats from climate change, the world faced another crisis in 2020: the COVID-19 pandemic. A public health emergency of this scale requires swift and effective policy action—but in many cases, the United States fell short, revealing ongoing failures to address systemic injustices exacerbated by the disease. In this month’s issue of ELR—The Environmental Law Reporter, members of the Environmental Law Collaborative, an affiliation of environmental law professors, examine the country’s legal responses to COVID-19, offering thoughts about pandemic ripple effects and their implications for environmental policy, as well as potential opportunities going forward. The article is excerpted from their book, Environmental Law, Disrupted, to be published by ELI Press later this year.

Leveraging Federal Relief Funds to Create Healthier Schools
Apple on stack of books
Wednesday, June 9, 2021

As summer approaches, school systems throughout the United States are planning for in-person and hybrid learning next fall. Since the beginning of the pandemic, Congress has appropriated $190 billion to assist those efforts; the recent American Rescue Plan Act alone provides around $122 billion for PK-12 public education.

Tying the West’s Energy Knot: Challenges and Recommendations in Interstate Transmission Siting (Part 3)
Solar voltaic system
Wednesday, June 2, 2021

Parts One and Two of this blog series covered the debate and regulatory framework regarding interstate electricity transmission. Part Three will conclude the series by identifying key challenges energy policymakers should expect to face regarding interstate transmission siting, and policy recommendations on how to mitigate them.

When in Doubt, Reach Out: The Role of Environmental Ombudsmen in Compliance Assistance
Leaves of an oak tree
Friday, May 28, 2021

Local and tribal governments are on the hook to meet a multitude of environmental requirements. Consider the effort needed to comply with NPDES permitting requirements for municipal wastewater and stormwater facilities, drinking water standards for public water systems under the Safe Drinking Water Act, and regulations governing municipal landfills under the Resource Conservation and Recovery Act, to name just a few. Hard-working officials and environmental managers must ensure that these requirements are met, often with their agencies strapped for funding and operating with a limited staff.

Tying the West’s Energy Knot: The Regulatory Framework of Interstate Electricity Transmission (Part 2)
Wind mills at sunset
Tuesday, May 11, 2021

Part One of this blog series discussed interstate electricity transmission as an integral part of grid resilience through a California and Western EIM case study. Part Two builds on this background by evaluating the regulatory framework that underpins the division of transmission siting authority and analyzing its legal implications.

Tying the West’s Energy Knot: Interstate Transmission Development (Part 1)
Solar photovoltaic panels
Monday, May 10, 2021

Last August, over half a million California residents simultaneously lost power during the state’s first rolling blackout in 20 years. Critics of renewable energy have pointed to California’s recent gains in wind and solar power penetration to argue that the large-scale outage suggests a correlation between increased variable renewable energy and increased grid vulnerabilities. Meanwhile, in an analysis released in January, CAISO, California’s energy market operator, attributed the large-scale outage to a climate change-induced heat wave, which led electricity demand to exceed existing resource adequacy. In the same report, CAISO proposes “consideration of transmission build out” to overcome transmission constraints across multiple interstate electricity lines as a key to preventing future outages. Whether and how to move electrons across state borders, however, has been at the center of California’s energy transition debate for years.

Groundbreaking Releases of Genetically Engineered Mosquitoes Hold Enormous Promise for Public Health Worldwide
Mosquito on leaf
Monday, May 3, 2021

Dengue Fever, Chikungunya, Zika, Yellow Feverwhat do all these diseases have in common? They are caused by viruses that enter human bloodstreams via mosquito bites. The culprit that transmits these viruses is the Aedes aegypti mosquito. On April 26, Wiley Rein LLP client Oxitec, Ltd.

Environmental Review in the Gulf: How Might Revised NEPA Regulations Impact Coastal Restoration?
Children playing on Alabama Gulf Coast shoreline
Saturday, February 15, 2020
Last month, the Council on Environmental Quality (CEQ) proposed a rule that would considerably change the implementing regulations of the National Environmental Policy Act (NEPA) (ELI’s guide to the proposed regulations is available here). NEPA requires that major Federal actions undergo environmental review before being carried out. The review process involves examining environmental impacts and alternative actions, consulting interested parties, and identifying mitigation; and, while procedural in scope, it aims to ensure that environmental considerations are incorporated in government decisionmaking.